17 results for 'judge:"McFarland"'.
J. McFarland denies both parties' motion for summary judgment on the contract claim brought by the car dealership, ruling that while its lease agreement with the cab company allowed it to demand the full amounts of loans following a single missed payment, the cab company's obligations under the agreement may have been waived if the dealership charged it for the lease of vehicles that were never actually leased; therefore, there is a question of fact that must be submitted to a jury.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: March 19, 2024, Case #: 1:21cv386, NOS: Other Contract - Contract, Categories: Evidence, Vehicle, Contract
J. McFarland grants the Air Force's motion to dismiss, ruling that because the servicemembers did not seek retrospective relief in their complaint regarding the Covid-19 vaccine mandate, the two members who missed drill weekends and retirement points cannot recoup them through legal action and the case is moot as a result of the court's previous vacatur of the injunction.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: March 18, 2024, Case #: 1:22cv84, NOS: Other Statutory Actions - Other Suits, Categories: Covid-19, Class Action, First Amendment
J. McFarland denies, in part, the town's motion to dismiss, ruling the allegation it allowed its police chief to arrest the homeowners without the authority to do so creates a plausible civil rights claim against the town under the theory of ratification. Additionally, the assault and battery claims against the former chief of police in his individual capacity will proceed because the allegations made by the homeowners, including that one was pepper sprayed twice after being thrown to the ground, are sufficient to establish the elements of the claims.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: March 12, 2024, Case #: 1:22cv635, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Malicious Prosecution
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J. McFarland grants, in part, the battery manufacturer's motion to dismiss, ruling that because the temporary labor provider's subsidiary is not named in the parties' contract, its contract claim must be dismissed. However, because there are issues of fact regarding the accrual date of the unjust enrichment claims filed by the labor provider, those will proceed.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: November 21, 2023, Case #: 1:23cv184, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. McFarland denies Walmart's motion for summary judgment, ruling that because photos of the puddle that caused the shopper to slip and fall demonstrate it was clear, it was not an open and obvious hazard the precludes liability, while Walmart also had notice of the puddle based on another shopper's fall just minutes before the one at issue.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: September 22, 2023, Case #: 1:21cv580, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Premises Liability
J. McFarland denies the employer's motion to dismiss, ruling the employee's race discrimination and retaliation claims are based on federal law outside the scope of the collective bargaining agreement between the employer and the union and, therefore, are not preempted by the National Labor Relations Act or barred by the relevant statute of limitations.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: September 22, 2023, Case #: 1:23cv12, NOS: Fair Labor Standards Act - Labor, Categories: Preemption, Employment Discrimination, Labor / Unions
J. McFarland grants, in part, the township's motion for summary judgment, ruling the female detective cannot make a prima facie case for sex discrimination. Her termination was based on insubordination that had nothing to do with her gender; in fact, she conceded during her deposition she was fired for "reporting a wrongdoing" related to Covid-19 protocols.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: September 15, 2023, Case #: 1:20cv842, NOS: Employment - Civil Rights, Categories: Jurisdiction, Employment Discrimination, Whistleblowers
J. McFarland grants the pay-per-view fight licensing company's motion for default judgment, ruling it is entitled to $15,000 in actual and willful damages against the bar owners who broadcasted the copyrighted fight for their patrons without first purchasing a license.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: September 14, 2023, Case #: 1:22cv362, NOS: Cable/Sat TV - Other Suits, Categories: Copyright, Damages, Conversion
J. McFarland grants the employer's motion for summary judgment, ruling the employee's second failed drug test gave it a legitimate reason to fire him, and because he has no evidence of an ulterior motive for the termination, the race discrimination and retaliation claims must be dismissed.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: August 31, 2023, Case #: 1:18cv486, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. McFarland grants the employee's motion to enforce the settlement, ruling that it is undisputed the employer violated the agreement when it failed to make any payment and it is therefore ordered to pay $24,000 or face sanctions. Additionally, the employee's request for attorney fees related to the motion to enforce is reasonable and will be granted in the amount of $3,300.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: August 2, 2023, Case #: 1:20cv799, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Attorney Fees, Labor
J. McFarland grants, in part, the city's motion to dismiss, ruling the Asian firefighter's failure to exhaust his administrative remedies through the EEOC bars his hostile work environment claims. However, because the firefighter was qualified for the promotions he sought but were eventually given to non-disabled, non-minority employees, he has established a viable discrimination claim.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: July 11, 2023, Case #: 1:22cv652, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination
J. McFarland grants the concrete company's motion for a preliminary injunction, ruling the financial statements taken by the former employee when he was fired undoubtedly constitute trade secrets, while his forwarding of the information to a personal email address establishes a violation of his noncompete agreement. Therefore, the company is entitled to an injunction to prevent further violations or any unfair competition.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: June 30, 2023, Case #: 1:23cv345, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Employment, Trade Secrets, Contract
J. McFarland grants the Department of Labor's motion for default judgment, ruling it has sufficient evidence to prove the home health care company failed to pay its employees overtime and minimum wage, and improperly classified them as independent contractors. The company is enjoined from any further violations and is ordered to pay more than $768,000 in liquidated damages.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: June 30, 2023, Case #: 1:20cv744, NOS: Fair Labor Standards Act - Labor, Categories: Government, Damages, Labor