179 results for 'court:"USDC Northern District of Ohio"'.
J. Calabrese grants the competitors' motion for summary judgment, ruling the trade secrets claim brought by the dietary supplement company is time-barred based on the knowledge it had of the competitors' intent to develop and sell similar products. The company knew the competitors had filed a competing patent application in February 2016 but failed to investigate further and did not file their lawsuit until more than four years later, outside the statute of limitations established under the Ohio Uniform Trade Secrets Act.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: July 18, 2023, Case #: 1:20cv1803, NOS: Other Contract - Contract, Categories: Civil Procedure, Trade Secrets, Contract
J. Carr grants, in part, the theme park's motion to dismiss, ruling the Ohio Supreme Court's ruling in a nearly identical case requires dismissal of the claims brought by individuals who used their season passes prior to the park's shutdown during the Covid-19 pandemic. Those passholders received the "benefit of their bargain" with the theme park, who reserved the right to change operating hours without notice.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: July 17, 2023, Case #: 3:20cv2176, NOS: Other Contract - Contract, Categories: Consumer Law, Class Action, Contract
J. Polster denies the faculty and leadership members' motion to dismiss the professor's claims that they initiated an investigation against the professor in retaliation for publishing his article, and that they further violated his First Amendment rights by firing him. The professor sufficiently alleges his First Amendment retaliation claim because although his speech relates to an academic scholarship and he was a state employee at the time, he retained his right to speak and write as a private citizen. Also, the professor plausibly alleges that the faculty and leadership members fired him not because he used unethical and unsound research techniques, but because of his viewpoint.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: July 14, 2023, Case #: 1:23cv546, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Employment, First Amendment
J. Gwin grants the employer's motion to dismiss, ruling current employees initially denied religious exemptions to the Covid-19 vaccine mandate lack standing because they were granted exemptions before the suit was filed and, therefore, have not shown the threat of an imminent injury. Meanwhile, those former employees who claim they were constructively discharged after initially being denied exemptions also lack standing because they have not shown disparate treatment or disciplinary actions taken because of their religious beliefs, but rather, they left voluntarily before the adjudication of their requests for exemptions.
Court: USDC Northern District of Ohio, Judge: Gwin, Filed On: July 12, 2023, Case #: 1:22cv2154, NOS: Other Civil Rights - Civil Rights, Categories: Covid-19, Employment Discrimination, Class Action
J. Knepp II finds in favor of the automotive company for the former supervisor's claim that the company fired her, its only female supervisor, because she reported a fellow employee for screaming at her and threatening to fire her for how she handled a call-off from a subordinate. The automotive company had non-discriminatory reasons to fire the former supervisor, such as an incident where she called off work 15 minutes before her shift by claiming she was sick only to be seen driving a short while later in a convertible with loud music.
Court: USDC Northern District of Ohio, Judge: Knepp II, Filed On: July 12, 2023, Case #: 3:21cv1823, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
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J. Lioi grants the employer's motion for summary judgment in a disability discrimination action, ruling that even though the pipefitter claims he never took his prescription opioids during shifts at the nuclear power plant, possible side effects from the drugs rendered him unfit for duty and gave the employer a legitimate reason to revoke his unescorted access authorization. Additionally, the authorization was a job requirement and so the pipefitter cannot establish a discrimination claim, as he was no longer qualified for his position at the time of his termination.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: July 12, 2023, Case #: 5:22cv2216, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Helmick grants the unopposed motion to approve the settlement, ruling that the agreement will compensate underpaid employees fairly and was the result of good faith negotiations by all parties. Meanwhile, the lead attorney of the class is entitled to one-third of the total settlement in fees and, therefore, is awarded $500,000 in fees.
Court: USDC Northern District of Ohio, Judge: Helmick, Filed On: July 7, 2023, Case #: 3:20cv2340, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Attorney Fees, Labor
J. Lioi denies, in part, the police officer's motion for summary judgment, ruling he is not entitled to qualified immunity because a reasonable jury could find in favor of the estate based on witness testimony that the decedent complied with the officer's commands, did not resist arrest, and did not turn to face the officer after the two separated. Forensic evidence also indicates the decedent was more than 30 feet away when he was shot and killed, which contradicts the officer's version of events.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: June 30, 2023, Case #: 5:20cv674, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Wrongful Death
J. Lioi grants the employer's motion for summary judgment, ruling the Taiwanese-born professor fails to establish a prima facie case for race or national origin discrimination. The statistical evidence related to the university's staff reduction is not from a credible source and, at best, shows a marginal difference between the number of Asian and white employees fired by the university. Additionally, the university had a legitimate reason to eliminate the professor's position based, in part, on her lack of affiliation with a program at the university, and evidence she had one of the highest salaries and primarily taught required courses that could be picked up by less experienced professors.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: June 22, 2023, Case #: 5:21cv2277, NOS: Employment - Civil Rights, Categories: Education, Employment Discrimination
[Consolidated.] J. Sargus grants a motion for summary judgment filed by the truck driver who stopped to render assistance to the pedestrian before he was struck by another driver, ruling Ohio's Good Samaritan statute applies to the case. The truck driver aided an individual involved in an emergency when he tried to help the pedestrian move a roll of carpet from the middle of the road. Furthermore, the motion to exclude expert testimony filed by the driver who struck the pedestrian is granted in relation to the pedestrian's medical expert as a result of the pedestrian's failure to disclose the witness and his expected testimony.
Court: USDC Northern District of Ohio, Judge: Sargus, Filed On: June 21, 2023, Case #: 2:21cv191, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Negligence, Experts
J. Lioi grants the county's motion for summary judgment, ruling the race discrimination claim must be dismissed because the only allegation of direct discrimination - that police officers would not accept the black employee because of his race - was disproven via discovery. Furthermore, internal disputes about how to address racial inequity within the sheriff's office were not protected speech for the purpose of the employee's retaliation claim because they were part of his job as diversity coordinator, not a matter of public importance.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: June 20, 2023, Case #: 5:21cv1638, NOS: Employment - Civil Rights, Categories: Government, Employment Discrimination, Employment Retaliation
J. Lioi grants the restaurant manager's unopposed motion for default judgment, ruling her allegations are sufficient to prove she was not paid minimum wage or overtime for her work at the restaurant, while testimony regarding the number of hours she worked establish damages in the amount of more than $33,000 for unpaid wages and overtime.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: June 20, 2023, Case #: 5:22cv1583, NOS: Fair Labor Standards Act - Labor, Categories: Damages, Labor
J. Pearson denies, in part, the accounting services company's motion to dismiss, ruling that although the client did not pay various invoices, its counterclaim sets forth a plausible breach of contract claim because the accounting company allegedly provided none of the services required and, therefore, made the first breach of the agreement.
Court: USDC Northern District of Ohio, Judge: Pearson, Filed On: June 20, 2023, Case #: 4:23cv91, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. Lioi grants the hospital's motion for judgment on the pleadings, ruling all of the employee's discrimination claims are barred either by a release waiver she signed at the end of her employment or by the 6-month statute of limitations that governs her labor-related claims. Therefore, the case will proceed against only the labor union.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: June 20, 2023, Case #: 4:22cv2130, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Labor / Unions
J. Polster denies, in part, the college's motion for judgment on the pleadings, ruling the male student's Title IX selective enforcement claim may proceed. The complaint includes allegations his accuser was not investigated after she made claims of sexual assault, even though both parties were intoxicated at the time of the incident.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: June 16, 2023, Case #: 1:20cv669, NOS: Education - Civil Rights, Categories: Civil Rights, Education
J. Lioi grants the GPS software company's motion to dismiss, ruling the copyright owner of the training materials failed to establish jurisdiction because none of the allegations about copyright infringement involve the software company's activities in the state of Ohio. While the company conducts some business within the jurisdiction of this court, the lawsuit claims one of its employees stole training materials from a previous employer neither located in nor conducting business in Ohio.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: June 16, 2023, Case #: 5:22cv311, NOS: Copyrights - Property Rights, Categories: Copyright, Jurisdiction
J. Oliver grants the employer's motion for partial judgment on the pleadings, ruling two comments made by supervisors are insufficient to support the white male employee's claims of sex and race discrimination and do not show any bias on the part of the company. Meanwhile, the intentional tort claim based on allegations the employee was infected with Covid-19 after the employer allowed two sick individuals to finish their shifts without proper safety equipment must also be dismissed because there is no evidence the employer wanted to injure the worker.
Court: USDC Northern District of Ohio, Judge: Oliver, Filed On: June 14, 2023, Case #: 1:22cv1333, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, Covid-19, Employment Discrimination
J. Boyko denies, in part, the moving company and freight broker's motions to dismiss, ruling that factual disputes about which party acted as a broker and which party actually damaged goods during a move prevent a decision on the customers' claim under the Carmack Amendment.
Court: USDC Northern District of Ohio, Judge: Boyko, Filed On: June 8, 2023, Case #: 1:23cv92, NOS: Commerce - Other Suits, Categories: Commerce, Negligence
J. Carr denies the insurer's motion to dismiss, ruling that while the long-term care facilities did not sustain any direct property damage as a result of the Covid-19 pandemic or gubernatorial orders to modify their facilities during the pandemic, the crisis management coverage in its insurance could provide coverage for business income losses. Although the losses sustained by the facilities were the result of government mandates, there is no exclusion in the policy for such a situation, and because the reading of the policy put forth by the owners is reasonable, their claims may proceed.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: June 6, 2023, Case #: 3:22cv438, NOS: Insurance - Contract, Categories: Insurance, Covid-19, Contract
J. Fleming grants the employer's motion for summary judgment, ruling the pregnant employee's deposition testimony about the reasons for her termination are entirely self-serving and unsupported by the record. Additionally, the male employees she uses as comparators were neither on their probationary periods when they were disciplined nor were they treated differently for similar use of medical leave.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: June 5, 2023, Case #: 1:20cv1683, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Employment Discrimination
J. Brennan grants the motion for summary judgment filed by a co-founder of the health care facilities, ruling the documents taken by the co-founder shortly before he transferred his ownership interest and left the business do not qualify as trade secrets because they had no independent economic value. Therefore, the trade secrets claim fails as a matter of law, while the remaining state law claims must be dismissed for lack of jurisdiction.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: June 5, 2023, Case #: 5:21cv1070, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Health Care, Trade Secrets, Jurisdiction
J. Carr denies the former forensic analyst's motion to exclude reports from the estate's expert witnesses in a civil rights case arising from the vacated sentence and grant of a new trial to the decedent for the murder of his wife. The blood deposit experiments conducted by two of the experts are reliable because they were peer-reviewed, while testimony about the methodology used by the forensic analyst is based on adequate knowledge and can be contested via cross-examination. Furthermore, the analyst's motion for summary judgment on the evidence fabrication claim must be denied because the expert reports at issue sufficiently cast doubt on the evidence used to convict the decedent and support a finding the analyst's tests were well beyond the standard methods used by crime labs.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: June 2, 2023, Case #: 3:17cv2657, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Experts
J. Knepp grants Ford's motion for summary judgment on the black employee's discrimination claim, ruling the failure by the employee during his deposition to name any similarly-situated white employees treated more favorably when they were late or had to leave shifts early requires dismissal of that charge. Meanwhile, a single call to Ford's ethics hotline during which the employee claimed he was being "birdwatched" for previous disciplinary issues is insufficient to constitute protected activity and cannot support the employee's retaliation claim, which is dismissed.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: May 31, 2023, Case #: 3:21cv1368, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Brennan grants the employer's motion for summary judgment, ruling the employee's contract claim fails because none of the alleged breaches mentioned in his complaint are included in any of the terms of his divisional supervisor agreement with the employer. Meanwhile, although a supervisor made two comments about the fact the employee is of Middle Eastern descent, they were sporadic in nature and insufficient to support a discrimination claim, especially considering the employer had a legitimate reason to fire the worker.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: May 30, 2023, Case #: 1:20cv271, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination, Contract
J. Fleming grants the employer's motion to intervene, ruling that because the fired employee's claims regarding the coworker's breach of a commission agreement are directly related to whether the employer was contractually allowed to fire the employee, it has a legitimate purpose to be included in the suit. Therefore, because the request was made in a timely manner and the lawsuit has hardly progressed since being filed, the employer will be included in the case moving forward.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: May 24, 2023, Case #: 1:22cv638, NOS: Other Contract - Contract, Categories: Civil Procedure, Employment, Contract
J. Calabrese grants the employer's partial motion to dismiss, ruling the employee's wrongful disclosure claim under the Americans with Disabilities Act fails as a matter of law. The company's questions about her Covid-19 vaccination status, religious beliefs, and past vaccinations were not inquiries used to determine whether she was disabled. Meanwhile, Louisiana law applies to the employee's discrimination claims, which differs from Ohio law through the availability of punitive damages, because she worked and sustained her injuries in that state; therefore, that portion of her suit will also be dismissed.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: May 23, 2023, Case #: 5:22cv2281, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Choice Of Law, Employment Discrimination