176 results for 'court:"USDC Northern District of Ohio"'.
J. Lioi grants Lowe's' motion for summary judgment on a shopper's premises liability claim, ruling the see-through nature of storage bins at its store rendered the stacked lead pipes an open and obvious danger. Although the shopper claims the storage devices required her to lift the metal pieces she purchased straight up and into the pipes' bin, any reasonable person would have understood the risk of striking the bins with the metal pieces; therefore, the displays did not impose a duty on Lowe's that could support the shopper's claims.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: December 11, 2023, Case #: 5:22cv160, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Premises Liability
J. Barker grants, in part, the metal processing company's motion for summary judgment, ruling that because its non-disclosure agreement with the processing equipment manufacturer unambiguously excludes any confidential information disclosed by the manufacturer during negotiations, including several of the trade secrets named in this lawsuit, the processing company cannot be held liable for a breach of the agreement.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: December 8, 2023, Case #: 1:21cv662, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract
J. Brennan grants the ERISA plan administrator's motion to dismiss, ruling its failure to transfer assets from certain passively managed investment funds cannot support a fiduciary duty claim because the comparator evidence from the participants involves actively managed funds. Meanwhile, the participants' failure to cite any similar funds with lower management fees requires dismissal of the claim for excessive fees under ERISA.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: December 4, 2023, Case #: 1:21cv256, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty, Class Action
J. Polster grants the employer's motion to dismiss and compel arbitration, ruling the employment agreements signed by loan officers require all matters of employment, including Fair Labor Standards Act claims, be decided by an arbitrator. Furthermore, the employer's decision to file state court suits against loan officers for recoupment of sign-on bonuses did not constitute a waiver because the bonuses were governed by separate agreements.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: December 4, 2023, Case #: 1:23cv285, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Employment, Labor
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Gaughan denies the government's motion to dismiss, ruling that even if the health care provider did not fully exhaust its administrative remedies prior to filing suit to challenge calculation methods used to determine its Medicare overpayment, administrative exhaustion is not a jurisdictional requirement of the statute. Furthermore, any appeals process would have been futile, given the calculation methods could not be challenged before the administrative law judge.
Court: USDC Northern District of Ohio, Judge: Gaughan, Filed On: December 1, 2023, Case #: 1:23cv859, NOS: Other Statutory Actions - Other Suits, Categories: Health Care, Jurisdiction, Medicare
J. Gwin denies, in part, the employer's motion to dismiss, ruling the female employee's retaliation claim is not barred by claim preclusion. Although an arbitrator ruled in her favor during proceedings with the union, the current claim is based on Title VII, an entirely separate framework.
Court: USDC Northern District of Ohio, Judge: Gwin, Filed On: November 29, 2023, Case #: 5:23cv296, NOS: Employment - Civil Rights, Categories: Employment Retaliation, Labor / Unions
J. Helmick grants the university's motion to dismiss, ruling the black employee's failure to file her administrative complaint with the EEOC within 300 days of her termination rendered that filing untimely and, therefore, she failed to properly exhaust her administrative remedies before she filed this federal lawsuit.
Court: USDC Northern District of Ohio, Judge: Helmick, Filed On: November 21, 2023, Case #: 3:23cv1022, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination
J. Brennan denies the former employee's motion to vacate an arbitration award, ruling that while he may not have explicitly agreed to use electronic signatures during the arbitration process, the rules established by Financial Industry Regulatory Authority do not require wet signatures and, therefore, the e-signatures comply with all applicable requirements and validate the award.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: November 20, 2023, Case #: 1:22cv1412, NOS: Arbitration - Other Suits, Categories: Arbitration, Civil Procedure
J. Barker grants the school's motion for summary judgment, ruling that although the homosexual executive director was required to work weekends and was assigned work while on sick leave, these obligations were expected of his position and cannot be considered degrading, as required to prove his claim he was compelled to resign because of discriminatory treatment. Additionally, the managing director's single comment that "God made Adam and Eve," which he disputes was ever said, is insufficient to prove a hostile work environment that would compel a reasonable individual to resign.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: November 17, 2023, Case #: 1:22cv1049, NOS: Employment - Civil Rights, Categories: Education, Evidence, Employment Discrimination
J. Barker grants the real estate owners' motion to dismiss, ruling the investors' vague allegations of wire fraud, which include mention of hundreds of phone calls but no specific details regarding alleged fraudulent valuations of various properties, are insufficient to satisfy the heightened pleading standard of their RICO claim.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: November 17, 2023, Case #: 1:22cv2183, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Racketeering
J. Barker grants, in part, the ash processing company's motion for sanctions against the mineral recovery machine manufacturer, ruling the inspector's photos and statements about the processing company's filtration system violated the parties' protective order. They were used on the manufacturer's patent application for a similar product and not solely for discovery, as required by the order. Therefore, the manufacturer will be enjoined from introducing the patent during this case while the ash processing company is awarded fees associated with this motion.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: November 7, 2023, Case #: 1:21cv662, NOS: Other Contract - Contract, Categories: Patent, Sanctions, Attorney Fees
J. Nugent denies CSX's motion to dismiss, ruling that although the employee litigated an administrative claim through the Federal Railway Safety Act, she did not waive her right to bring this federal lawsuit, which was filed before the final administrative decision and as a result of CSX and its employees' failure to comply with the investigation under the Act.
Court: USDC Northern District of Ohio, Judge: Nugent, Filed On: November 1, 2023, Case #: 1:23cv1043, NOS: Other Labor Litigation - Labor, Categories: Civil Procedure, Employment Retaliation
J. Lioi grants the parties' joint motion for approval of the class-action settlement, ruling the $3.75 million will fairly and adequately compensate the employees for unpaid overtime, while the $20,000 award to the lead plaintiff adequately compensates him for his efforts in leading the litigation.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: October 30, 2023, Case #: 5:22cv287, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor
J. Lioi grants the employer's motion to dismiss, ruling the blanket assertions about bodily autonomy made by the employee are insufficient to support claims for religious discrimination or failure to accommodate, especially considering she failed to make any specific religious objections to the employer's Covid-19 vaccine mandate, either in her exemption forms or the complaint.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: October 24, 2023, Case #: 5:23cv905, NOS: Employment - Civil Rights, Categories: Covid-19, Employment Discrimination
J. Parker grants partial judgment in favor of the city after allegations of violations of due process, tortious interference of business relationships, antitrust and retaliation brought by a municipal service company. The court will dismiss the due process, antitrust and retaliation claims. Leaving all claims against a city employee are unaffected by this order; he and other employees failed to inform potential customers that there is a full registered contractors list available, only recommending one company for construction within the area.
Court: USDC Northern District of Ohio, Judge: Parker, Filed On: October 20, 2023, Case #: 1:22cv2037, NOS: Other Civil Rights - Civil Rights, Categories: Government, Due Process
J. Lioi grants, in part, the parties' motion for approval of the class action settlement, ruling the single $500 payment to each of the call center employees will adequately compensate them for previously unpaid work performed at the beginning of their shifts and will also avoid protracted litigation.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: October 13, 2023, Case #: 5:23cv86, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor
J. Polster grants the Veterans Affairs Department's motion for partial summary judgment, ruling that because the doctor failed to include a constructive discharge claim in his initial EEOC complaint or any evidence of intolerable working conditions that would have led the EEOC to investigate such a claim, he failed to exhaust his administrative remedies.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: October 13, 2023, Case #: 1:23cv507, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment, Health Care
J. Knapp denies, in part, the employer's motion to dismiss Title VII race and sex discrimination claims. The employee's retaliation claim will proceed, as she submitted two EEOC charges related to her retaliation claim and, therefore, the employer was aware of her protected activity.
Court: USDC Northern District of Ohio, Judge: Knapp, Filed On: October 11, 2023, Case #: 5:22cv1562, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Gwin grants the employer's motion for summary judgment, ruling its failure to take any corrective action against the supervisor who sexually harassed the waitress is not actionable because the waitress did not report the harassment until after she resigned. Additionally, the waitress cannot establish a prima facie case for retaliation because without taking any protected action to report the harassment, she cannot prove the employer deliberately allowed intolerable working conditions that forced her to resign.
Court: USDC Northern District of Ohio, Judge: Gwin, Filed On: October 2, 2023, Case #: 1:22cv1896, NOS: Employment - Civil Rights, Categories: Employment, Employment Retaliation
J. Helmick grants the employer's motion for summary judgment, ruling the employee cannot establish a prima facie case for retaliation because she had several disciplinary issues prior to her filing of a complaint with the Ohio Civil Rights Commission, a filing that was too far removed from her termination to establish causation. Meanwhile, the claim she was replaced by a male employee without any other details is insufficient to support the employee's gender discrimination claim.
Court: USDC Northern District of Ohio, Judge: Helmick, Filed On: September 29, 2023, Case #: 3:21cv770, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Employment Discrimination, Employment Retaliation
J. Oliver grants the black homeowners' motion for class certification, ruling that while there are not specific numbers in the water shutoff class, the numbers provided for the lien class allow the court to make common sense assumptions about its size, which meets numerosity requirements. Additionally, all of the claims center on one of three actions - the filing of a lien by the city, the shutoff of water service or excessively high billing - and, therefore, commonality requirements are satisfied.
Court: USDC Northern District of Ohio, Judge: Oliver, Filed On: September 29, 2023, Case #: 1:19cv2911, NOS: Housing/Accommodations - Civil Rights, Categories: Government, Water, Class Action
J. Helmick grants GM's motion for summary judgment, ruling the black employee cannot establish a prima facie case for race discrimination because the white employees she cites as comparators were not treated differently regarding requests to leave their shifts early, given they followed the proper procedures and had their requests granted on the basis of seniority. Meanwhile, over three years passed between the employee's previous lawsuit and her termination, and when combined with GM's legitimate reason to fire her - several absences and tardies - she cannot establish a prima facie case for retaliation.
Court: USDC Northern District of Ohio, Judge: Helmick, Filed On: September 29, 2023, Case #: 3:20cv2639, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation