17 results for 'judge:"Lioi"'.
J. Lioi grants, in part, State Farm's motion for judgment on the pleadings, ruling any cause of action limited by the one-year filing limitation in the homeowners' insurance policy must be dismissed for the homeowners' failure to file suit within one year of the storm that caused water intrusion and property damage, as State Farm did not waive the limitation.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: April 8, 2024, Case #: 5:23cv1124, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance, Contract
J. Lioi denies the employer's motion for summary judgment, ruling that although a large portion of the employee's job was related to manual labor and conversing with patients at the nursing home, deposition testimony from each party creates questions of fact regarding how much oversight and ultimate decision-making authority the employee had in terms of implementing facility upgrades and prevents the court from determining her exempt status at this stage of the litigation.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: January 29, 2024, Case #: 5:21cv2259, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Evidence, Labor
J. Lioi grants Lowe's' motion for summary judgment on a shopper's premises liability claim, ruling the see-through nature of storage bins at its store rendered the stacked lead pipes an open and obvious danger. Although the shopper claims the storage devices required her to lift the metal pieces she purchased straight up and into the pipes' bin, any reasonable person would have understood the risk of striking the bins with the metal pieces; therefore, the displays did not impose a duty on Lowe's that could support the shopper's claims.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: December 11, 2023, Case #: 5:22cv160, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Premises Liability
J. Lioi grants the parties' joint motion for approval of the class-action settlement, ruling the $3.75 million will fairly and adequately compensate the employees for unpaid overtime, while the $20,000 award to the lead plaintiff adequately compensates him for his efforts in leading the litigation.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: October 30, 2023, Case #: 5:22cv287, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Lioi grants the employer's motion to dismiss, ruling the blanket assertions about bodily autonomy made by the employee are insufficient to support claims for religious discrimination or failure to accommodate, especially considering she failed to make any specific religious objections to the employer's Covid-19 vaccine mandate, either in her exemption forms or the complaint.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: October 24, 2023, Case #: 5:23cv905, NOS: Employment - Civil Rights, Categories: Covid-19, Employment Discrimination
J. Lioi grants, in part, the parties' motion for approval of the class action settlement, ruling the single $500 payment to each of the call center employees will adequately compensate them for previously unpaid work performed at the beginning of their shifts and will also avoid protracted litigation.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: October 13, 2023, Case #: 5:23cv86, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor
J. Lioi adopts the magistrate judge's recommendation and grants the crossbow manufacturer's motion to hold the competitor in contempt, ruling the competitor's admission it violated the parties' protective order is sufficient to sanction the company in the amount of more than $39,000 for attorney fees and other costs.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: September 22, 2023, Case #: 5:18cv1729, NOS: Other Contract - Contract, Categories: Contempt, Sanctions, Attorney Fees
J. Lioi grants, in part, the government's motion to dismiss, ruling the property owner cannot seek to recover costs under the Comprehensive Environmental Response, Compensation and Liability Act associated with its discovery of former owners that may have contaminated the site because there is no evidence these discoveries aided the cleanup of the site in any way.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: September 21, 2023, Case #: 5:22cv1558, NOS: Environmental Matters - Other Suits, Categories: Environment, Damages
J. Lioi grants the employee's motion for default judgment, ruling the employer's failure to respond to any of the allegations renders it liable for over $9,000 in damages to cover medical expenses incurred after the employer terminated health insurance coverage despite promises it would remain in effect.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: September 1, 2023, Case #: 5:22cv2038, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Damages, Fiduciary Duty
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. 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
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. 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. 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