254 results for 'court:"USDC Southern District of Ohio"'.
J. Rice grants the employer's motion for summary judgment, ruling the bus driver's disability discrimination claims fail as a matter of law because his request for an accommodation in the form of driving only diesel buses infringed on the rights of drivers with more seniority and, therefore, was unreasonable. Meanwhile, the employer is entitled to judgment on retaliation claims because it not only granted several requests for FMLA leave, but also attempted to have the driver return to work several times before his termination, requests that he ultimately refused.
Court: USDC Southern District of Ohio, Judge: Rice, Filed On: February 1, 2024, Case #: 3:22cv151, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Sargus grants, in part, the polypropylene surgical mesh manufacturer's motion for summary judgment, ruling the patient's failure to warn product liability claim fails because the surgeon who performed the mesh implant surgery admits he did not read any of the literature provided with the product and would not have relied on any of the information in making his recommendation for surgery. Additionally, this failure by the surgeon prevents the patient from proving his fraud and fraudulent concealment claims against the manufacturer, which will also be dismissed.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: February 1, 2024, Case #: 2:18cv1440, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Fraud, Health Care, Product Liability
J. Cole grants the Republican Senatorial Committee's motion to certify, ruling the question of whether coordinated party expenditure limits in the Federal Election Campaign Act violate the committee and candidate's First Amendment rights must be posed to the en banc Sixth Circuit. The committee and Senator J.D. Vance have altered fundraising operations under threat of enforcement, which grants them standing to challenge the restrictions, and while the U.S. Supreme Court has ruled on the constitutionality of expenditure limits in Colorado II, the specific nature of the question at issue in this case warrants consideration by the appeals court regardless of binding precedent.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: January 19, 2024, Case #: 1:22cv639, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Elections, First Amendment
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J. Marbley grants the background check agency's motion to dismiss the consumer's class action allegations, ruling her experience involving inaccurate information sent to a potential employer is insufficient to prove, even at this early stage in litigation, the agency failed to implement proper standards when publishing background information.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: January 16, 2024, Case #: 2:22cv2375, NOS: Consumer Credit - Other Suits, Categories: Consumer Law, Class Action
J. Cole denies the insurer's motion to dismiss, ruling Ohio's conflict-of-laws principle requires the court to apply Ohio's 6-year statute of limitations, rather than the 4-year limitation present in California, which renders the estate's life insurance contract claim timely.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: January 12, 2024, Case #: 1:23cv122, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance, Contract
J. Marbley denies, in part, the city's motion for summary judgment, ruling the detainee's Fourth Amendment excessive force claim must be submitted to a jury. There are issues of fact regarding whether the officers' decision to drag the detainee into the street was reasonable given the innocuous nature of her alleged offense - spitting in the direction of one of the officers.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: January 10, 2024, Case #: 2:22cv1831, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, First Amendment
J. Morrison denies, in part, the advertising firm's motion to dismiss, ruling the videoconferences it conducted with Ohio insurance technology firm and the service of work contracts signed between the companies satisfy Ohio's long-arm statute and give this court jurisdiction over the insurance technology firm's RICO lawsuit. Meanwhile, even though the executive at the insurance firm allegedly devised the sham services scheme, the advertising firm's submission of invoices and wiring of money from its own accounts to the executive's other business entity are sufficient to constitute conduct to establish a RICO claim at this stage.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: January 8, 2024, Case #: 2:23cv512, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Jurisdiction, Racketeering
J. Sargus denies the pilots' union's motion for a preliminary injunction, ruling that while emails sent by the private jet company's corporate officers to discourage certain union activity were "strong critiques" of the union and its bargaining positions, they did not rise to the level anti-union animus required to invoke this court's jurisdiction, while the company's willingness to continue negotiations on a bargaining agreement require dismissal of the union's claims.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: January 5, 2024, Case #: 2:23cv1404, NOS: Railway Labor Act - Labor, Categories: Jurisdiction, Labor / Unions, Injunction
J. Black grants the employer's motion for summary judgment, ruling the employee's failure to respond to its arguments regarding disability discrimination and failure to accommodate claims requires dismissal of those counts. Additionally, the employee's Families First Coronavirus Response Act claim fails, because while she tested positive for Covid-19 and was required to quarantine, she made no allegation she was required to care for a child whose normal caregiver was unavailable.
Court: USDC Southern District of Ohio, Judge: Black, Filed On: January 3, 2024, Case #: 1:22cv382, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Watson denies the employer's motion to dismiss, ruling the federal government's 1988 guidance on tipped employees, which established an 80/20 rule to determine whether an individual can be paid a tipped wage, is reasonable and can be applied to the employee's Fair Labor Standards Act claims; therefore, the employees have stated plausible claims under the Act.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: January 2, 2024, Case #: 2:23cv1316, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Silvain grants, in part, the law firm's motion for sanctions, ruling plaintiff's attorney will be required to reimburse it for all expenses related to the meritless legal malpractice action, which was prolonged by unnecessary filings and the attorney's failure to respond to numerous filings until ordered to do so by this court.
Court: USDC Southern District of Ohio, Judge: Silvain, Filed On: December 27, 2023, Case #: 3:21cv233, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Sanctions, Legal Malpractice
J. Cole denies the parties' motion to approve a class action settlement, ruling that while the class of customers who purchased bedsheets from Macy's based on inflated thread counts meets all commonality and typicality requirements, the "cy pres" award of leftover settlement funds to a nonprofit consumer advocacy organization that focuses primarily on climate change issues - not textile goods or misleading labels - makes the settlement unlawful because it does not benefit the class members in any way.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: December 20, 2023, Case #: 1:17cv754, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Settlements, Class Action
J. Cole denies, in part, the chemical solvent company's partial motion to dismiss, ruling that at this stage of the litigation, its agreement with the Chinese distribution company is a valid contract. Allegations in the complaint support the distribution company's claim that certificates of exclusivity, which do not include all terms of the agreement, are merely evidence of a contract and not the contract itself. Additionally, Ohio law requires a distributor to use its best efforts to promote the sale of a company's goods in an exclusivity agreement, which, in itself, qualifies as a consideration for the solvent company and renders the contract valid.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: December 19, 2023, Case #: 1:23cv117, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Dlott grants the debt collector's motion for summary judgment, ruling that because the consumer failed to disclose this lawsuit during bankruptcy proceedings, she is judicially estopped from bringing the Fair Debt Collections Practices Act claims against the collector.
Court: USDC Southern District of Ohio, Judge: Dlott, Filed On: December 19, 2023, Case #: 1:21cv291, NOS: Consumer Credit - Other Suits, Categories: Bankruptcy, Debt Collection, Consumer Law
J. Watson grants the employer's motion for summary judgment, ruling the employee's Title VII retaliation claims fail as a matter of law. Although he engaged in an investigation regarding allegations of sexual assault involving a manager, there was no investigation at the time of his termination and, therefore, he engaged in no protected activity under Title VII.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: December 14, 2023, Case #: 2:20cv1037, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Employment Retaliation
J. Watson grants one of the motions to dismiss filed by a former employee, ruling the district court lacks jurisdiction over Robert Sapio because he has not traveled or communicated with any business in the state of Ohio such that it caused any harm to the parts distribution company. However, because the forum selection clause in each of the other employees' contracts is enforceable based on the distribution company's location in Ohio, the contract and trade secrets claims against those employees will proceed.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: December 14, 2023, Case #: 2:22cv4049, NOS: Other Contract - Contract, Categories: Trade Secrets, Jurisdiction, Contract
J. Sargus grants the commercial property buyer's motion for partial summary judgment, ruling that although the appraisal of the property for more than $5.5 million removed various contingencies from the contract, the mold removal provision was a separate addendum that remained in effect. Therefore, the seller's failure to remove all mold from the building constituted a breach of the contract.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: December 8, 2023, Case #: 2:22cv1783, NOS: Other Contract - Contract, Categories: Real Estate, Contract
J. Vascura denies, in part, the power supply manufacturer's motion for judgment on the pleadings on a fraud claim related to defective batteries. The stark difference between the condition of the batteries, including bulging cases and visible cracks, and the fully operational status reported by the manufacturer's inspectors just weeks before the failure is sufficient to allow the claim to proceed.
Court: USDC Southern District of Ohio, Judge: Vascura, Filed On: November 28, 2023, Case #: 2:23cv1398, NOS: Torts to Land - Real Property, Categories: Fraud, Insurance, Negligence