8 results for 'judge:"Pearson"'.
J. Pearson denies, in part, Norfolk Southern's motion to dismiss, ruling claims brought by residents of East Palestine are not preempted by federal law because the claims involved in the train derailment either involve conduct not covered by federal law or seek damages for a breach of safety regulations. Additionally, Norfolk Southern's transport of more than a million pounds of hazardous chemicals and intentionally setting them on fire in a residential neighborhood following the derailment constitute "abnormally dangerous activity" and establishes a claim for strict liability.
Court: USDC Northern District of Ohio, Judge: Pearson, Filed On: March 13, 2024, Case #: 4:23cv242, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Environment, Tort, Negligence
J. Pearson denies, in part, the chemical and rail companies' motion to dismiss, ruling that when they leased railcars and used them to transport chemicals, they knew the cars would pass through Ohio, which is sufficient to establish jurisdiction in this court for claims filed by the New Palestine residents harmed by the train derailment.
Court: USDC Northern District of Ohio, Judge: Pearson, Filed On: March 13, 2024, Case #: 4:23cv242, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Environment, Negligence, Jurisdiction
J. Pearson grants the insurer's motion for summary judgment, ruling evidence in the policyholder's medical history clearly indicates he had lymphoma at the time he applied for the relevant insurance policy, regardless of whether he had been diagnosed with the condition. Therefore, the insurer properly denied coverage because it was a preexisting condition.
Court: USDC Northern District of Ohio, Judge: Pearson, Filed On: December 29, 2023, Case #: 4:22cv1514, NOS: Insurance - Contract, Categories: Evidence, Insurance, Contract
J. Pearson denies, in part, the waste disposal facility's motion to dismiss, ruling nuisance and negligence claims filed by neighboring individuals are not barred by the applicable 4-year statute of limitations. The facility's repeated EPA violations, including notices as recent as 2022, represent a continuing course of conduct that tolls the statute of limitations. However, because there is no evidence to support the owners' claim the facility intentionally created noxious fumes that drifted over the neighboring properties, the trespass claim must be dismissed.
Court: USDC Northern District of Ohio, Judge: Pearson, Filed On: September 8, 2023, Case #: 4:22cv1376, NOS: All Other Real Property - Real Property, Categories: Environment, Evidence, Class Action
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J. Pearson denies the employer's motion to vacate the default judgment, ruling the delay of more than one year and two months between the judgment being entered and the employer filing its motion to vacate, with no evidence of extenuating circumstances, is not a reasonable amount of time under Sixth Circuit precedent. Additionally, the Covid-19 signature on each of the summonses is sufficient for the employee to prove he perfected service on each defendant, given the restrictions on mail carriers at the time he filed the complaint and the undisputed evidence the summonses were delivered to the correct address.
Court: USDC Northern District of Ohio, Judge: Pearson, Filed On: August 23, 2023, Case #: 4:21cv507, NOS: Fair Labor Standards Act - Labor, Categories: Civil Procedure, Covid-19, Labor
J. Pearson grants the city's motion for summary judgment, ruling the vehicle technician's failure to complete a dashcam installation project by a certain deadline and damage done to a police cruiser during the process gave the city a legitimate reason to fire him, regardless of his medical conditions. Although the technician was fired shortly after he was taken to the hospital for a medical emergency, none of the reasons used to support his termination had anything to do with the emergency or his conditions, and his failure to present any evidence of pretext requires dismissal of all his claims.
Court: USDC Northern District of Ohio, Judge: Pearson, Filed On: July 31, 2023, Case #: 4:22cv1453, NOS: Family and Medical Leave Act - Labor, Categories: Ada / Rehabilitation Act, Employment, Evidence
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