32 results for 'judge:"Carr"'.
J. Carr grants a railway’s motion for summary judgment in a retaliation claim submitted by employees who were fired for clocking out early due to an automatic two-minute time delay in the timeclock system. The supervisor had explicitly told the employees not to clock out before a minimum of six hours could be recorded on their time log, so he fired the employees for insubordination. The employees claim that they engaged in a protected activity by refusing to modify their hours to adjust for the time clock discrepancy and that they had in fact worked a full six hours. The judge finds that the employees did not properly identify a federal law in connection with their claim, and thus did not provide sufficient legal reasoning identifying their actions as a protected activity.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: March 22, 2024, Case #: 3:19cv1498, NOS: Employment - Civil Rights, Categories: Employment, Employment Retaliation
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J. Carr denies the newspapers' motion to dismiss, ruling their disclosure of subscribers' personal information to Meta whenever they interacted with a video on the newspapers' websites constitutes a concrete injury and gives the subscribers standing to pursue claims under the Video Privacy Protection Act. Meanwhile, the subscribers are considered consumers under the Act because the purpose of their accounts and submission of personal data is to access the newspapers' main business, the distribution of news, including the videos, which are not ancillary services.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: March 13, 2024, Case #: 3:23cv302, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Privacy, Class Action
J. Carr denies, in part, the aircraft sellers' motion to dismiss, ruling that because the buyer was located in Ohio, performed an inspection of the aircraft and conducted a test flight in Ohio prior to buying the plane, this court has jurisdiction over its claims regarding defects in the engine that rendered it not flightworthy. However, the Texas inspection company made no contacts in the state of Ohio, and the transfer of its logbooks with the aircraft when it was shipped to Ohio is insufficient to establish jurisdiction; therefore, it will be dismissed from the case.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: March 5, 2024, Case #: 3:19cv1645, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
J. Carr grants the assisted living facility's motion for sanctions against the former employee and her new employer, ruling the employee's admission she knew of a litigation hold shortly after accepting the job offer from the competitor contradicts her claim she was unaware she could not delete thousands of text messages and is sufficient to prove spoliation of evidence. Therefore, the jury in any eventual trial will be instructed to infer the deleted messages were efforts by the competitor to solicit former employees to violate restrictive covenants.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: January 25, 2024, Case #: 3:22cv606, NOS: Other Contract - Contract, Categories: Jury, Sanctions, Trade Secrets
J. Carr denies, in part, the university's motion for summary judgment, ruling the employee's conversations with five different supervisors and coworkers about a potential hiring she believed would violate EEOC laws was protected activity and, given it occurred less than two weeks before her demotion, is sufficient to support her claim of retaliation in regard to the demotion.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: January 10, 2024, Case #: 3:22cv2151, NOS: Employment - Civil Rights, Categories: Education, Evidence, Employment Retaliation
J. Carr finds that the mother's parental rights were properly terminated. She assaulted her child and was sentenced to jail for domestic abuse. The child did not wish to continue a relationship with her. Affirmed.
Court: Iowa Court Of Appeals, Judge: Carr, Filed On: January 10, 2024, Case #: 23-1653, Categories: Family Law
J. Carr finds that a mother's parental rights were properly terminated since she permitted a homeless man to stay with her and watch the child while she was at work, despite claims that the man inappropriately touched the child. Meanwhile, the mother suffered mental health and intellectual disabilities. Affirmed.
Court: Iowa Court Of Appeals, Judge: Carr, Filed On: November 21, 2023, Case #: 23-1608, Categories: Family Law
J. Carr finds that defendant was properly sentenced to prison for possession of a controlled substance and OWI, both second offenses, since the lower court endorsed the sentencing recommendation included in the plea agreement. Affirmed.
Court: Iowa Court Of Appeals, Judge: Carr, Filed On: November 8, 2023, Case #: 22-1672, Categories: Sentencing, Dui, Plea
J. Carr grants the employer's motion for summary judgment, ruling the isolated incident of a coworker telling a story about a client who used the word "nigger" is insufficient to establish a hostile work environment claim, especially considering the coworker was fired after a disciplinary investigation. Meanwhile, being placed on a performance improvement plan does not constitute an adverse employment action, and so the black employee cannot establish prima facie cases for race discrimination or retaliation.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: September 27, 2023, Case #: 3:20cv1714, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Carr finds a lower court improperly dismissed the Republic of Mozambique's contract claims against a naval ship building company. The ship building company argued that Mozambique is obligated to guarantee loans it took out to forge supply contracts with third parties in a certain economic zone. However, even though Mozambique presented evidence in court that the ship builder took bribes from corrupt officials, both parties are bound to an arbitration clause in the agreement. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Carr, Filed On: September 20, 2023, Case #: A4-202-1467, Categories: Arbitration, Fraud, Contract
J. Carr grants, in part, the air charter business's motion for summary judgment, ruling the business pressure applied by its owners during negotiations to sell several planes to the private air transportation company does not constitute a false statement that could be used to support a fraud claim. The air transportation company also fails to identify any promise made by the air charter business that was broken when the deal fell through.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: September 14, 2023, Case #: 3:20cv2693, NOS: Other Contract - Contract, Categories: Fraud, Transportation, Contract
J. Carr grants the university's motion for summary judgment, ruling the employee failed to provide evidence she exhausted her administrative remedies with the EEOC, which requires dismissal of her Title VII sex discrimination claim. Meanwhile, the employee's retaliation claim fails because there is no causal connection between her filing a discrimination and her termination, which came only after she disobeyed a direct order from a supervisor and continued to email faculty and students without prior approval.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: September 14, 2023, Case #: 3:20cv2665, NOS: Employment - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
J. Carr grants the employer's motion for summary judgment, ruling any factual disputes about discrimination experienced by the black employee are irrelevant because she failed to file her complaint within the 6-month statute of limitations included in her signed employee handbook. The employee claims she never read the handbook, but that is also irrelevant because she signed the document, which included the 6-month limitation in capitalized and bolded lettering.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: July 27, 2023, Case #: 3:20cv1992, NOS: Family and Medical Leave Act - Labor, Categories: Civil Procedure, Employment Discrimination, Contract
J. Carr finds that defendant was properly committed as a sexually violent predator because evidence indicated he consistently abused his half sisters as well as strangers and that he suffered a mental abnormality justifying commitment. Affirmed.
Court: Iowa Court Of Appeals, Judge: Carr, Filed On: July 26, 2023, Case #: 22-0855, Categories: Sex Offender, Commitment
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. Carr finds the trial court erroneously dismissed the minority shareholder's claim for fiduciary duty against his brothers, the majority shareholders of the family company. Although they made amendments to the shareholders' agreement in accordance with the procedures laid out in the agreement, it is possible they circumvented their fiduciary duties and abused their position as majority shareholders to the detriment of their brother. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Carr, Filed On: June 30, 2023, Case #: 2023-Ohio-2232, Categories: Fiduciary Duty, Contract
J. Carr finds that defendant was properly denied relief from his conviction for failing to register as a sex offender and assaulting a peace officer because defendant appeared rational and logical and understood the charges against him before pleading guilty. Affirmed.
Court: Iowa Court Of Appeals, Judge: Carr, Filed On: June 21, 2023, Case #: 21-1985, Categories: Competence, Sex Offender, Plea
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