176 results for 'court:"USDC Northern District of Ohio"'.
J. Ruiz denies, in part, the city officials' motion for judgment on the pleadings, ruling no provision in the police officer's CBA covers his Family and Medical Leave Act retaliation claim and, therefore, this court has jurisdiction over the claim, which is not time-barred and was not mooted by a state court settlement.
Court: USDC Northern District of Ohio, Judge: Ruiz, Filed On: September 29, 2023, Case #: 1:20cv2568, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Equal Protection, Employment Retaliation
J. Fleming grants the fired business partner's motion to dismiss, ruling the employment agreement between the partner, the business and the other co-founder does not establish a contract between the two partners; therefore, the co-founder cannot bring breach of contract claims. Meanwhile, because the two partners did not share profits or losses and did not have mutual agency over the business, there was no special relationship to support the fiduciary duty claim, which will also be dismissed.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 29, 2023, Case #: 1:22cv638, NOS: Other Contract - Contract, Categories: Fiduciary Duty, Contract
J. Fleming grants the city's motion to dismiss, ruling the property owners' constitutional claims are time-barred. While the owners' harm may have continued throughout the duration of the construction project, they were not prevented from bringing their takings and nuisance claims immediately after the project was started.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 29, 2023, Case #: 1:22cv2014, NOS: Torts to Land - Real Property, Categories: Civil Procedure, Government, Property
J. Barker denies, in part, the jail employees' motions for summary judgment, ruling the guard on shift at the time of the inmate's death and the shift supervisor are not entitled to judgment on the estate's deliberate indifference claim. Several red flags - including the inmate's refusal to eat breakfast and her admission she had taken drugs before her arrest - should have alerted them that she needed medical treatment. However, the guard assigned to duty on the day of the inmate's death cannot be held liable because he had only one interaction with the inmate, during which he saw her sleeping, and was unaware she had taken drugs prior to her arrest.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: September 28, 2023, Case #: 5:21cv959, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death
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J. Ruiz grants the solar power company's motion to dismiss and compel arbitration, ruling none of the buyer's arguments regarding hard sell tactics relate specifically to the arbitration provision in the parties' contract and, therefore, cannot be used to render that provision unconscionable or unenforceable.
Court: USDC Northern District of Ohio, Judge: Ruiz, Filed On: September 28, 2023, Case #: 5:22cv1238, NOS: Other Contract - Contract, Categories: Arbitration, Fraud, Contract
J. Ruiz grants, in part, the lender's motion to stay, ruling that although the federal claims filed by the borrowers cannot be litigated in state court, the foreclosure actions in state court are parallel cases because all of the claims deal with the propriety of late fees charged by the lender after acceleration of the borrowers' mortgages. Therefore, Colorado River abstention applies and the case will be stayed pending the outcome of the foreclosure actions.
Court: USDC Northern District of Ohio, Judge: Ruiz, Filed On: September 28, 2023, Case #: 1:20cv711, NOS: Other Statutory Actions - Other Suits, Categories: Banking / Lending, Class Action, Contract
J. Ruiz denies the insurance administrators' motion to dismiss, ruling the employer insurance plan provider's interpretation of the parties' shared services contract, including that the administrators were required to provide reduced rates for claims, is plausible based on the language in the contract.
Court: USDC Northern District of Ohio, Judge: Ruiz, Filed On: September 28, 2023, Case #: 1:22cv1313, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Calabrese denies, in part, the paint supplier's motion to dismiss, ruling its executive's statement about tweaks made to a UV-resistant cabinet paint is sufficient to form the basis of a fraudulent inducement claim because the executive made certain performance guarantees about the product, which was purchased by the cabinet company less than a month after the parties' meeting.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: September 27, 2023, Case #: 1:22cv737, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Warranty
J. Helmick denies the plastic surgeon's motion to dismiss human trafficking claims filed by victims of his sexual assaults, ruling that while typical claims under the Trafficking Victims Protection Act involve conduct by the victims, the Act does not preclude instances like the one in this case, where victims were forced to perform sexual acts after being incapacitated. Meanwhile, the motion to dismiss filed by the surgeon's ex-wife will be granted because the mere existence of a relationship between the two is insufficient to impose liability for the surgeon's crimes, especially considering the victims provide no evidence she was aware of or participated in his criminal scheme.
Court: USDC Northern District of Ohio, Judge: Helmick, Filed On: September 27, 2023, Case #: 3:22cv1122, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Assault
J. Carr grants the employer's motion for summary judgment, ruling the isolated incident of a coworker telling a story about a client who used the word "nigger" is insufficient to establish a hostile work environment claim, especially considering the coworker was fired after a disciplinary investigation. Meanwhile, being placed on a performance improvement plan does not constitute an adverse employment action, and so the black employee cannot establish prima facie cases for race discrimination or retaliation.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: September 27, 2023, Case #: 3:20cv1714, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Fleming denies the estate's motion for summary judgment on its negligence claim against the cable company employee who cut the drop wire that caused the fatal motorcycle accident, ruling questions of fact remain as to whether the employee's decision to cut the line, which ordinarily falls flat across a roadway, was reasonable. Meanwhile, the employee's perfect scores on every field safety test and his training history preclude any direct negligence claim against the employer.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 26, 2023, Case #: 1:21cv543, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Wrongful Death
J. Knepp grants the insurer's motion for summary judgment, ruling any insurable interests held by the resort owner were extinguished when it accepted the deed to the property in lieu of foreclosure. Therefore, the insurer is not required to provide coverage for any property damage sustained in a storm.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: September 26, 2023, Case #: 3:19cv2854, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Insurance, Banking / Lending, Contract
J. Barker denies the construction company's motion to dismiss, ruling that even if the court takes the owner at her word and assumes she was not served, her continued and active participation in this lawsuit over the past 18 months waives any failure of service argument and gives this court jurisdiction over the bond owner's claims.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: September 26, 2023, Case #: 1:21cv593, NOS: Other Contract - Contract, Categories: Construction, Jurisdiction, Contract
J. Knepp grants, in part, the government's motion for summary judgment, ruling the dentist was not permitted to deduct from his taxes premiums paid into a life insurance policy owned by his practice because the death benefit of the policy gave him current access to the cash value of the policy; therefore, he was properly penalized for improper tax payments over several years and the claims for reimbursement will be dismissed.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: September 25, 2023, Case #: 3:19cv1073, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: Government, Tax
J. Lioi adopts the magistrate judge's recommendation and grants the crossbow manufacturer's motion to hold the competitor in contempt, ruling the competitor's admission it violated the parties' protective order is sufficient to sanction the company in the amount of more than $39,000 for attorney fees and other costs.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: September 22, 2023, Case #: 5:18cv1729, NOS: Other Contract - Contract, Categories: Contempt, Sanctions, Attorney Fees
J. Fleming grants the postmaster general's motion to dismiss, ruling the race discrimination and retaliation claims filed by the employee were fully litigated in his first lawsuit prior to its dismissal and, therefore, are barred by res judicata.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 21, 2023, Case #: 1:21cv2144, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination
J. Fleming grants the Ohio EPA's motion to dismiss, ruling the property owners' 2021 lawsuit is time-barred, as they were aware of any alleged conspiracy to prevent them from developing wetlands by 2017 at the latest. The owners claim the conspiracy is ongoing but failed to provide any evidence to support their argument, although the EPA officers would be entitled to immunity even if the claims were not time-barred.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 21, 2023, Case #: 5:21cv1848, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Water
J. Lioi grants, in part, the government's motion to dismiss, ruling the property owner cannot seek to recover costs under the Comprehensive Environmental Response, Compensation and Liability Act associated with its discovery of former owners that may have contaminated the site because there is no evidence these discoveries aided the cleanup of the site in any way.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: September 21, 2023, Case #: 5:22cv1558, NOS: Environmental Matters - Other Suits, Categories: Environment, Damages
J. Brennan denies the telemarketers' motion to dismiss, ruling that while the language of the Telephone Consumer Protection Act does not include cell phones, the ubiquitous nature of the devices in modern society qualify them as residential telephones under the Act and afford the class members the same protections, given their numbers were listed on the national Do Not Call Registry.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: September 20, 2023, Case #: 5:22cv712, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Consumer Law, Class Action
J. Barker grants the insurer's motion to dismiss a policyholder's counterclaims, ruling evidence in the record establishes she failed to inform the company of negotiations before she entered into a settlement with the estate and that no exception to the policy language involving settlements applies. Therefore, the conditions for the insurer's affirmative defense to the breach of contract counterclaims are met.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: September 19, 2023, Case #: 1:21cv1981, NOS: Insurance - Contract, Categories: Insurance, Settlements, Contract
J. Calabrese denies the competitors' motion for attorney fees, ruling that communications between the competitors and several principal agents of the company who filed suit for trade secret violations gave it legitimate reasons to pursue its lawsuit into the discovery phase, which prevents the award of fees for bad faith.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: September 19, 2023, Case #: 1:20cv1803, NOS: Other Contract - Contract, Categories: Trade Secrets, Attorney Fees, Contract
J. Calabrese grants the paper production facility seller's motion for judgment on the pleadings, ruling that while the parties could not come to an agreement for the sale of the facility, they also failed to submit a joint certified letter to the escrow agent notifying it of the collapse of the deal, as required under the parties' agreement for return of the money to the buyer. Therefore, the seller is entitled to the $500,000 in escrow funds.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: September 18, 2023, Case #: 1:22cv2128, NOS: Other Contract - Contract, Categories: Banking / Lending, Contract
J. Fleming denies, in part, certain doctors' motion to dismiss, ruling the employee's allegations are sufficient to support her retaliation claim against two doctors who allegedly were aware of her formal complaint and fired her within three months.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 15, 2023, Case #: 1:22cv1588, NOS: Employment - Civil Rights, Categories: Evidence, Employment Retaliation
J. Carr grants, in part, the air charter business's motion for summary judgment, ruling the business pressure applied by its owners during negotiations to sell several planes to the private air transportation company does not constitute a false statement that could be used to support a fraud claim. The air transportation company also fails to identify any promise made by the air charter business that was broken when the deal fell through.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: September 14, 2023, Case #: 3:20cv2693, NOS: Other Contract - Contract, Categories: Fraud, Transportation, Contract
J. Carr grants the university's motion for summary judgment, ruling the employee failed to provide evidence she exhausted her administrative remedies with the EEOC, which requires dismissal of her Title VII sex discrimination claim. Meanwhile, the employee's retaliation claim fails because there is no causal connection between her filing a discrimination and her termination, which came only after she disobeyed a direct order from a supervisor and continued to email faculty and students without prior approval.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: September 14, 2023, Case #: 3:20cv2665, NOS: Employment - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
J. Adams grants the insurer's motion for summary judgment, ruling it is not liable for any damages or litigation expenses incurred by the city after it was sued by an individual injured by a falling tree because the city failed to notify the insurer until more than two years into its defense of the lawsuit. The city's law director admitted he failed to notify the insurer because he thought the lawsuit was meritless, a decision that clearly prejudiced the insurer.
Court: USDC Northern District of Ohio, Judge: Adams, Filed On: September 14, 2023, Case #: 4:22cv749, NOS: Insurance - Contract, Categories: Government, Insurance, Contract