254 results for 'court:"USDC Southern District of Ohio"'.
J. Deavers denies, in part, the law firm's motion to quash, ruling attorney-client privilege does not prevent disclosure of communications between itself and witnesses involved in the Ohio State University sexual abuse scandal because the documents do not involve legal advice, but were part of a factfinding investigation about former university physician, Dr. Richard Strauss.
Court: USDC Southern District of Ohio, Judge: Deavers, Filed On: May 8, 2024, Case #: 2:19mc38, NOS: Other Statutory Actions - Other Suits, Categories: Discovery, Privilege
J. Cole denies Kroger's motion to dismiss, ruling the consumers' reliance on false representations about the type and amount of heavy metals in teething wafers when buying the product constitutes a particularized injury that gives them standing to pursue product liability claims. Although their children did not suffer any physical injuries as a result of eating the wafers, the economic injuries sustained by the parents allow the case to proceed.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: May 8, 2024, Case #: 1:22cv544, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Damages, Product Liability, Class Action
J. Newman grants the police department's motion for summary judgment, ruling the police officer's age discrimination claim fails. The younger officer used as a comparator did not commit the same type of misconduct and, therefore, is not similarly situated, while a supervisor's single comment about "younger officers" during disciplinary proceedings does not constitute direct evidence of discrimination. Meanwhile, the retaliation claim also fails as a matter of law because the fitness for duty evaluation required before the officer could return to work was not an "adverse employment action," especially considering the officer blamed several mistakes that led to his suspension on the stress of his job.
Court: USDC Southern District of Ohio, Judge: Newman, Filed On: May 7, 2024, Case #: 3:22cv96, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
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J. Barrett denies the student's motion for a preliminary injunction, ruling the university provided him notice of the sexual assault allegations within a month of the victim's submission of her final report and did not rely on any absent witness testimony when it expelled him; therefore, no due process rights were violated during disciplinary proceedings and the student is not entitled to an injunction.
Court: USDC Southern District of Ohio, Judge: Barrett, Filed On: May 2, 2024, Case #: 1:23cv284, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Due Process
J. Sargus denies Lowe's motion for summary judgment, ruling that while the store manager's poor performance gave it a legitimate reason to fire him, its decision to terminate him less than 10 days into a performance improvement plan and "shifting justifications" for his termination - including his response to a store fire while he was on vacation and the acceleration of his performance improvement timeline - would allow a reasonable jury to consider its reasons a pretext for age discrimination.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: May 2, 2024, Case #: 2:22cv4162, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination
J. Cole grants, in part, the insurer's motion for judgment on the pleadings, ruling the policyholder's failure to include in its complaint an allegation that it complied with occurrence notice provisions in the life insurance policy renders its contract claim defective; therefore, the complaint will be dismissed.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: May 1, 2024, Case #: 1:23cv407, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Cole denies, in part, the payroll company's motion to dismiss, ruling that while the previous state court lawsuit filed by the trucking company involved the same parties and issues, its dismissal was not a decision on the merits that would preclude the trucking company from filing this federal lawsuit. However, because the unjust enrichment claim is based on the same conduct as the contract claim and is governed exclusively by the terms of the contract, it must be dismissed as duplicative.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: April 30, 2024, Case #: 1:23cv655, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. Morrison grants the health care provider's motion to dismiss, ruling the orthopedic surgeons fail to establish anti-trust standing. There are at least four other hospitals or employment opportunities in the same area as the health care provider, while the surgeons also established their own surgical facility after they left their positions with the provider, all of which proves the provider does not have a monopoly on the relevant area.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: April 25, 2024, Case #: 2:23cv2145, NOS: Antitrust - Other Suits, Categories: Antitrust, Employment, Health Care
J. Graham grants, in part, the cell tower operator's motion for summary judgment, ruling the property owner's placement of a padlock on the gate to bar access to the cell tower is undoubtedly a breach of the parties' lease agreement, while the potential loss of cell service or subscribers is sufficient to prove damages. Therefore, the tower operator is entitled to an injunction to require the property owner to remove the padlock and allow unfettered access to the tower.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: April 25, 2024, Case #: 2:23cv764, NOS: Other Contract - Contract, Categories: Property, Contract, Injunction
J. Graham denies the ballot referendum petitioners' motion for a preliminary injunction, ruling that they cannot establish standing to bring First Amendment claims against the Ohio Attorney General. Their issue regarding delays in the ballot certification process cannot be traced to the actions of the Attorney General, but is actually a claim against the judicial branch of the government and its methods for certification of a ballot issue.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: April 25, 2024, Case #: 2:24cv1401, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Elections, First Amendment
J. Morrison denies the medical provider's motion for summary judgment, ruling undisputed facts show it prevented the claim recovery company from accessing its billing systems following a dispute about the parties' contract, which is sufficient for the breach of contract claim to proceed.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: April 24, 2024, Case #: 2:21cv1501, NOS: Other Contract - Contract, Categories: Evidence, Health Care, Contract
J. Cole grants, in part, the credit card services company's motion to dismiss, ruling the unjust enrichment claim filed by the client must be dismissed. It is duplicative of the contract claim, while the client's negligence claim also fails because any duties breached by the services company stem from the parties' contract and, therefore, are covered by the contract claim in the complaint.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: April 19, 2024, Case #: 1:24cv163, NOS: Other Contract - Contract, Categories: Negligence, Banking / Lending, Contract
[Consolidated.] J. Marbley grants the lender's motion to compel arbitration, ruling evidence indicates all the borrowers voluntarily signed the loan agreement, which included arbitration language in bold and capital lettering; therefore, the arbitration provision is valid and enforceable.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: April 10, 2024, Case #: 2:22cv4318, NOS: Other Contract - Contract, Categories: Arbitration, Consumer Law, Contract
J. Brennan denies the consumer's motion for leave to file a second amended complaint, ruling her failure to inform the court the amended complaint would include new factual allegations was misleading, while the eight month delay between the filing of the first amended complaint and her motion was not supported by good cause and unnecessarily delayed the litigation.
Court: USDC Southern District of Ohio, Judge: Brennan, Filed On: April 9, 2024, Case #: 1:22cv1111, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Civil Procedure, Consumer Law, Class Action
J. Graham grants the mall property owner's motion to dismiss, ruling the investors fail to provide a causal link between statements made by executives about potential returns on investment and a sharp drop in the company's stock price shortly before they declared bankruptcy. Although several of the projections proved to be inaccurate, there is no evidence of fraud on the part of the executives, while the impact of the Covid-19 pandemic on malls across the country led to a large amount of the losses sustained before the company filed for bankruptcy.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: March 27, 2024, Case #: 2:21cv2757, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Covid-19
J. Watson denies, in part, the employer's motion to dismiss, ruling that although the employees who filed suit are undocumented immigrants, they are not precluded from bringing minimum wage claims under the Fair Labor Standards Act. However, the unjust enrichment claims against the individual owners of the employer must be dismissed because there are no allegations the employees performed any work directly for the owners.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 26, 2024, Case #: 2:23cv3540, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Watson denies the newspaper subscribers' motion for class certification, ruling that because the newspaper gave different information concerning subscription length, price and "premium editions," the subscribers cannot satisfy commonality or typicality requirements.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 26, 2024, Case #: 2:19cv4262, NOS: Other Contract - Contract, Categories: Fraud, Consumer Law, Class Action
J. Watson grants the RV buyer's motion to enforce the parties' settlement agreement, ruling the dealer's failure to provide the extended service contract included as part of the settlement is a material breach, even in the absence of bad faith. Although the dealer now uses a new service provider to make repairs to vehicles, the original service contract was an integral part of the settlement and so it must honor its obligation and provide the original contract to the buyer.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 26, 2024, Case #: 2:23cv3568, NOS: Other Statutory Actions - Other Suits, Categories: Settlements, Warranty
J. Marbley grants, in part, GM's motion for summary judgment on a warranty claim, ruling that although the car owner was forced to take his vehicle to a service center on multiple occasions because of the "shifter issue," he was provided a rental car free of charge or waited for repairs to be made and, therefore, cannot establish damages for loss of use under the Magnuson-Moss Warranty Act.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 25, 2024, Case #: 2:21cv924, NOS: Other Contract - Contract, Categories: Vehicle, Damages, Warranty
J. Sargus denies, in part, the mortgage lender's motion to dismiss, ruling its failure to provide any explanation for the $90,000 discrepancy between two loan modification agreements sent to the borrowers gives them a plausible cause of action under federal consumer lending laws after the lender declared them in default even though they made payments under the original modification.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: March 25, 2024, Case #: 2:22cv4070, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Banking / Lending
J. Marbley grants the insurer's motion for judgment on the administrative record, ruling that while the employee's health has suffered as a result of "long Covid-19," evidence in the record indicates she was able to job on a semi-daily basis and was cleared to return to work by a physician, which is sufficient to support the denial of long-term disability benefits.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 25, 2024, Case #: 2:22cv3118, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Evidence, Insurance
J. Morrison grants the employer's motion for summary judgment, ruling the employee failed to prove any of the reasons given for her termination shortly after she reported patient care concerns were pretextual. The employee told supervisors she did not "want to return to the building" when she lodged her complaints, which could reasonably be interpreted to mean the employee did not want to return to work, while the employee's frequent tardiness and recording of conversations with coworkers also gave the nursing facility a legitimate reason to fire her.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: March 25, 2024, Case #: 2:23cv291, NOS: Other Labor Litigation - Labor, Categories: Evidence, Health Care, Employment Retaliation
J. Cole denies motions to dismiss and strike allegations outlined in the second amended complaint of a cellular telephone customer who claims the telephone company made unwanted sales calls to her phone in violation of the Telephone Consumer Protection Act. The telephone company’s motion to dismiss brought arguments that had already been reviewed by the court, and the judge denies the motion as a request for reconsideration because it does not present new evidence or show a change in law or error in the prior decision. Although several of customer’s allegations in the second pleading involve internet job postings raising concerns about hearsay, the customer’s claims do not centrally rely on these postings. The judge finds the new evidence relevant as presented and denies the motion to strike allegations.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: March 22, 2024, Case #: 1:22cv152, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Communications, Consumer Law