254 results for 'court:"USDC Southern District of Ohio"'.
J. Litkovvitz grants in part and denies in part motions by claimants disputing the proper beneficiary of a decedent’s life insurance policy and Roth IRA in an interpleader case undertaken by the insurance company that issued the policy. The decedent removed her husband as beneficiary of the policy, replacing his name with her sister’s during a divorce in progress at the time of the decedent’s death. The judge ruled that a temporary restraining order covering the couple’s assets during the divorce proceeding invalidated the beneficiary change. However, the judge does not find that the sister’s claim to the IRA amounts to conversion, as argued by the decedent’s husband, because decedent’s sister did not fully control the funds.
Court: USDC Southern District of Ohio, Judge: Litkovvitz, Filed On: March 21, 2024, Case #: 1:22cv435, NOS: Insurance - Contract, Categories: Family Law, Insurance, Wills / Probate
J. Morrison finds that an executive employee of a financial services company was improperly terminated because the employee’s contract called for a 90-day notice to terminate without good cause, or a 10-day cure period to terminate with good cause, and the employee received neither. The employee also entered a claim of fraudulent inducement related to a contract that he was told was identical to a previous contract but after signing, discovered that it included a new shareholder agreement. The judge found that this did not constitute fraud because the employee could have more closely examined the document.
Court: USDC Southern District of Ohio, Judge: Litkovvitz, Filed On: March 21, 2024, Case #: 2:21cv5837, NOS: Other Contract - Contract, Categories: Employment, Fraud, Preemption
J. Rose dismisses a case in which a Canadian bakery alleges that an Ohio woman conducted a cyberbullying campaign in which she defamed the establishment to her 16,000 TikTok follows, claiming that her ex-husband who was delinquent on his child support married one of the owners of the bakery. The bakery says her posts generated numerous negative comments and bad reviews. The court lacks diversity jurisdiction.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: March 21, 2024, Case #: 3:23cv135, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Damages, Defamation, Jurisdiction
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
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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. Marbley denies the oil and gas drilling company's motion to dismiss, ruling that because the declaratory judgment claim made by the property owner regarding the geologic nature of formations below the Utica shale layer would solve the majority of the parties' dispute, it will proceed.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 18, 2024, Case #: 2:22cv3943, NOS: Torts to Land - Real Property, Categories: Energy, Property, Conversion
J. Marbley denies the university's motion for summary judgment, ruling the black professor's EEOC complaints and internal communications about false allegations of sexual assault were protected activity under Title VII and establish a causal link to his termination that allows his retaliation claim to proceed. The university claims it fired the professor after the results of its investigation validated the sexual assault claims, but because the Faculty Senate Hearing Committee disputed this result on two occasions and found the investigation "troubling," the professor has made a prima facie showing of pretext.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 18, 2024, Case #: 2:22cv2028, NOS: Employment - Civil Rights, Categories: Education, Evidence, Employment Retaliation
J. Cole denies the restaurant employees' motion for class certification, ruling that while the lead plaintiff cites his own experiences of being denied tips during the Covid-19 pandemic, his complaint says nothing about the experiences of other waitstaff and, therefore, cannot satisfy typicality or commonality requirements.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: March 18, 2024, Case #: 1:21cv377, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, Class Action, Labor
J. Marbley grants the buyer's motion for judgment on the pleadings, ruling that its inability to obtain sufficient electrical power to supply the commercial property gave it a legitimate reason to terminate the contract prior to closing and allow it to recover the $300,000 in earnest money, which must be returned by the seller.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 18, 2024, Case #: 2:22cv4280, NOS: Other Contract - Contract, Categories: Real Estate, Damages, Contract
J. Marbley denies, in part, the farm owner's motion to dismiss certain affirmative defenses, ruling the insurer's contributory negligence defenses do not relate to fraud on the part of the owner and, therefore, do not require a heightened level or particularity at this stage of proceedings.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 15, 2024, Case #: 2:22cv4458, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Morrison grants the policyholder's motion for summary judgment on the interpretation of the deductible provision in its policy with the insurance companies, ruling ambiguous language requires the use of extrinsic evidence and testimony from an individual heavily involved in procuring the policies supports the policyholder's interpretation. Specifically, even though only a single manufacturing facility was damaged by the fire, the business losses of the company must be calculated using losses from all of the facilities, which are interconnected.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: March 14, 2024, Case #: 2:22cv2019, NOS: Insurance - Contract, Categories: Evidence, Insurance, Contract
J. Rose denies the school supplies buyer's motion for judgment on the pleadings, ruling the fraudulent transfer claim may proceed even if the third party involved in the transfer of supplies is a fictitious entity. It is operated by the owner of the buyer and, under Ohio law, such an entity may still have a judgment entered against it. Meanwhile, the seller's motion to dismiss counterclaims is denied because the contract between the parties included an undisputed obligation for a bonus to be paid to the buyer.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: March 13, 2024, Case #: 3:23cv83, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Sargus grants the employer's motion for summary judgment, ruling the employee's poor performance gave it a legitimate reason to fire him, and because the poor performance began well before the employee alleged any discrimination related to his requests for time off for medical testing, the employee cannot establish a claim for disability discrimination or retaliation.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: March 12, 2024, Case #: 2:22cv3752, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
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
J. Graham denies the employer's motion for summary judgment, ruling the employee's failure to apply for another position with the company is not fatal to his age discrimination claim. He was told by his manager at the time of his termination there were no open positions and the company was "headed in a different direction." Meanwhile, the employer's claim the employee was not "up to the challenge" of a shift in his position is contradicted by evidence in the record, including that the employee met all increased sales goals prior to his termination; therefore, the employee has established a prima facie case for discrimination.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: March 12, 2024, Case #: 2:22cv2369, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination
[Consolidated.] J. Marbley grants the private equity company's motion to dismiss, ruling that because it is based in Florida and had no connection to the solar power company based in Ohio other than an initial 25 percent investment in the company, this court lacks jurisdiction over the claims brought against it. Meanwhile, because there is no evidence of coercion or deception on the part of the solar power company as it relates to the arbitration provision found in the customers' contracts, the solar company's motion to dismiss and compel arbitration is also granted.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 11, 2024, Case #: 1:22cv721, NOS: Other Contract - Contract, Categories: Arbitration, Jurisdiction, Contract
J. Cole denies the union's motion for a preliminary injunction, ruling that even if its claims regarding the potential for the two trustees to vote in their own favor and block the union's preferred actions are true, all of the proposed harms could be satisfied with monetary damages and do not require an injunction. Meanwhile, the trustees' motion to dismiss fiduciary duty claims will be granted because the conduct at issue - amending the trust agreement - does not involve action undertaken as a fiduciary.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: March 8, 2024, Case #: 1:23cv502, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty, Labor / Unions
J. Watson grants, in part, the seller's motion to dismiss, ruling the contract claim related to the return of the buyer's earnest money must be dismissed because the escrow agent is the party responsible for the return of the down payment, not the seller.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 7, 2024, Case #: 2:23cv3083, NOS: Other Statutory Actions - Other Suits, Categories: Real Estate, Contract
J. Cole denies the property seller's motion to dismiss, ruling its assignment of its interests in the property at issue to a third party does not absolve it from liability on all the contract claims brought by the buyer. Specifically, the seller could still be held liable for its failure to deliver an environmental viability certificate following the removal of underground fuel storage tanks.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: March 6, 2024, Case #: 1:23cv727, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. Watson denies the high school basketball coach's motion for summary judgment, ruling the parents' complaints about their daughter's playing time constituted protected speech. They criticized a public official, while the student's college basketball scholarship offer is sufficient to create an issue of fact regarding causation and at least cast doubt on the coach's claim she would have been cut regardless of the parents' complaints.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 6, 2024, Case #: 2:21cv985, NOS: Other Civil Rights - Civil Rights, Categories: Education, First Amendment
J. Watson grants the sheriff's department's motion for summary judgment, ruling that while the term "ho juice" - used by the male officer when talking about the female dispatcher's perfume - may be considered sexist in isolation, it was made to both male and female coworkers and does not prove a discriminatory intent or support the dispatcher's hostile work environment claim. Additionally, there is no indication the male officer struck the dispatcher on the shoulder because she was pregnant or female, and so that incident also cannot be used to support the hostile work environment claim.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 6, 2024, Case #: 2:21cv203, NOS: Employment - Civil Rights, Categories: Employment, Emotional Distress
J. Vascura denies the uninterruptable power supply manufacturer's partial motion to dismiss, ruling that limiting language in its contract with the industrial plant allows the plant's insurance company to plead both contract and fraud claims. The damages limitation clause would not provide nearly enough to compensate the plant for damage from the explosion, and punitive or secondary damages from a fraud claim would be necessary.
Court: USDC Southern District of Ohio, Judge: Vascura, Filed On: March 5, 2024, Case #: 2:23cv1398, NOS: Torts to Land - Real Property, Categories: Fraud, Insurance, Contract
J. Watson grants the class's motion for final approval of its settlement agreement, ruling it meets all commonality and typicality requirements, while the settlement amount will adequately compensate employees for unpaid overtime and avoid a protracted litigation.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 5, 2024, Case #: 2:20cv2152, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor
J. Vascura grants the shingle manufacturer's motion for summary judgment, ruling the homeowners have produced no expert testimony or other evidence to support their claim the shingles installed at their home were defective. Rather, the majority of their claims relate to the improper installation of the shingles by the roofing company; therefore, the manufacturer cannot be held liable.
Court: USDC Southern District of Ohio, Judge: Vascura, Filed On: March 5, 2024, Case #: 2:22cv3231, NOS: Contract Product Liability - Contract, Categories: Evidence, Product Liability, Contract
J. Watson grants the class's motions for approval of the settlement and for attorney fees, ruling sufficient discovery has been conducted to prove damages for the class members involved in the data breach, while the $120,000 award in attorney fees is supported by documentation and the complexity of the litigation.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 5, 2024, Case #: 2:22cv3499, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Settlements, Attorney Fees, Class Action
J. Watson denies, in part, the employee's motion for summary judgment, ruling that while it is undisputed the delivery driver worked in excess of 40 hours per week on at least one occasion, questions of fact about whether he was an employee or an independent contractor prevent judgment in his favor and preclude the award of any damages.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 4, 2024, Case #: 2:21cv4744, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, Labor