42 results for 'judge:"Barker"'.
J. Barker grants in part the cheerleading organizations' motion to dismiss, ruling that the cheerleader cannot bring claims against them under the Child Abuse Victims' Rights Act because there are no allegations the organizations performed any of the predicate acts that make up the claims and the Act does not allow for secondary liability, even if the organizations were aware of abuse by several coaches. Meanwhile, the cheerleader's alleged loss of a potential career as a professional cheerleader is not sufficient to establish a concrete injury that would grant standing to bring RICO claims, and those claims will also be dismissed.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: August 2, 2023, Case #: 1:21cv2139, NOS: Other Statutory Actions - Other Suits, Categories: Negligence, Racketeering
J. Barker grants the investment companies' motion to dismiss, ruling that while the cheerleading coaches' actions in the State of Ohio allow this court to exercise jurisdiction via the RICO statute, secondary liability cannot be used to establish a civil claim for damages, and there is no evidence the companies directly committed any of the acts alleged by the abused cheerleader. Meanwhile, the alleged loss of his career as a professional cheerleader is insufficient to establish a concrete injury, and so the suit will be dismissed in its entirety against the companies.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: August 2, 2023, Case #: 1:22cv2139, NOS: Other Statutory Actions - Other Suits, Categories: Negligence, Emotional Distress, Racketeering
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