176 results for 'court:"USDC Northern District of Ohio"'.
J. Fleming denies the city's motion to dismiss, ruling the disparate treatment claim brought by the property owners was filed within the applicable statute of limitations. Although they discovered in 2008 a strip of land similar to one on their property was vacated by the city, their claim did not accrue until the city took a concrete position on their strip in 2013. Furthermore, the city is not entitled to political subdivision immunity because the owners seek only declaratory relief.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 13, 2023, Case #: 1:22cv1861, NOS: Other Civil Rights - Civil Rights, Categories: Government, Property, Real Estate
J. Brennan grants the bank's motion for summary judgment, ruling it had a legitimate reason to fire the female branch manager as part of a reduction in force during the Covid-19 pandemic because she failed to meet sales goals and was in her probationary period. None of the male managers cited performed as poorly as the fired employee; therefore, there is insufficient evidence to support her discrimination claims.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: September 11, 2023, Case #: 1:21cv1436, NOS: Employment - Civil Rights, Categories: Evidence, Covid-19, Employment Discrimination
J. Fleming denies the car owners' motion for class certification, ruling typicality requirements are not met by the claims of those who bought allegedly defective vehicles because numerous individuals in the prospective class could have purchased cars after the expiration of their warranties, when the defective engines would not have been covered by General Motors.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 11, 2023, Case #: 1:20cv2638, NOS: Contract Product Liability - Contract, Categories: Product Liability, Warranty, Class Action
J. Pearson denies, in part, the waste disposal facility's motion to dismiss, ruling nuisance and negligence claims filed by neighboring individuals are not barred by the applicable 4-year statute of limitations. The facility's repeated EPA violations, including notices as recent as 2022, represent a continuing course of conduct that tolls the statute of limitations. However, because there is no evidence to support the owners' claim the facility intentionally created noxious fumes that drifted over the neighboring properties, the trespass claim must be dismissed.
Court: USDC Northern District of Ohio, Judge: Pearson, Filed On: September 8, 2023, Case #: 4:22cv1376, NOS: All Other Real Property - Real Property, Categories: Environment, Evidence, Class Action
J. Knepp denies, in part, the city's motion for summary judgment, ruling that while the promotion denied to the black employee was a temporary one that involved work as a foreman only when the primary foreman was unavailable, the denial constitutes an adverse employment action and gives the employee a legitimate discrimination claim at this stage of the litigation. Meanwhile, the occasional use of Don King as a nickname by coworkers did not interfere with the black employee's ability to complete his work and does not rise to the threshold required for a hostile work environment claim, which will be dismissed.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: September 6, 2023, Case #: 3:21cv1834, NOS: Employment - Civil Rights, Categories: Government, Employment Discrimination
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J. Lioi grants the employee's motion for default judgment, ruling the employer's failure to respond to any of the allegations renders it liable for over $9,000 in damages to cover medical expenses incurred after the employer terminated health insurance coverage despite promises it would remain in effect.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: September 1, 2023, Case #: 5:22cv2038, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Damages, Fiduciary Duty
J. Brennan grants, in part, the sleep apnea machine parts buyer's motion for summary judgment, ruling the manufacturer's failure to meet certain shipping dates in the parties' contract allowed the buyer to cancel its purchase orders and avoid the minimum purchase requirements in the agreement.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: August 30, 2023, Case #: 1:20cv1887, NOS: Other Contract - Contract, Categories: Evidence, Contract
J. Knepp grants, in part, the Department of Labor's motion for summary judgment, ruling the principal owner of the chain of wireless stores will be held jointly liable for any violations of the Fair Labor Standards Act. While managers oversaw day-to-day operations, he set in place the payment structure for employees that led to this lawsuit. Meanwhile, neither party is entitled to judgment on the minimum wage claim, given the lack of complete payroll records to support the owner's claim that deductions were taken out to offset theft and allow for loans to employees.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: August 25, 2023, Case #: 3:20cv718, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, Government, Labor
J. Pearson denies the employer's motion to vacate the default judgment, ruling the delay of more than one year and two months between the judgment being entered and the employer filing its motion to vacate, with no evidence of extenuating circumstances, is not a reasonable amount of time under Sixth Circuit precedent. Additionally, the Covid-19 signature on each of the summonses is sufficient for the employee to prove he perfected service on each defendant, given the restrictions on mail carriers at the time he filed the complaint and the undisputed evidence the summonses were delivered to the correct address.
Court: USDC Northern District of Ohio, Judge: Pearson, Filed On: August 23, 2023, Case #: 4:21cv507, NOS: Fair Labor Standards Act - Labor, Categories: Civil Procedure, Covid-19, Labor
J. Fleming grants the lender's motion to dismiss, ruling that because the lead plaintiffs' claims involve only mortgages on Ohio properties and none of the individuals sustained damages outside the state, they cannot bring a nationwide class action. Additionally, there are no allegations in the complaint the relationship between the parties was anything more than that of a typical lender-borrower, which requires dismissal of the fiduciary duty claim.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: August 21, 2023, Case #: 1:22cv1392, NOS: Other Contract - Contract, Categories: Fiduciary Duty, Banking / Lending, Class Action
J. Fleming grants the ERISA plan administrator's motion to dismiss, ruling the successor company to the original policyholder was not named on the plan and, therefore, was not an intended beneficiary of the plan and cannot seek damages for a one-month gap in coverage.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: August 21, 2023, Case #: 4:22cv208, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Contract
J. Polster denies Kroger's motion to exclude the expert witness's testimony, ruling his opinions on the results of several surveys of Ohio pharmacists - specifically, whether there were concerns about dispensing opioids - are not contradictory. Although he admits there were not specific questions about opioids, the answers about general concerns regarding dispensation of prescriptions indicate concern about the subset of opioid medications at issue in this lawsuit.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: August 18, 2023, Case #: 1:17md2804, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Experts, Class Action
J. Brennan grants, in part, the city's motion to dismiss, ruling that despite a history of allowing the van owner to use his vehicle as a loudspeaker during election season, the owner's First Amendment claims fail as a matter of law. The citations and parking tickets were issued in accordance with zoning and parking laws, while he also never had a permit to use a loudspeaker on top of the van.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: August 14, 2023, Case #: 1:22cv992, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment
J. Knepp grants the Filshie Clips manufacturers' motion to dismiss, ruling that this court lacks jurisdiction over all of the subsidiary companies because they conducted no business in the State of Ohio and are not sufficiently under the control of the parent company for the alter ego theory of liability to apply. Meanwhile, all of the patient's product liability claims against the parent company are preempted under federal law because the state law claims mirror those found in the Food, Drug, and Cosmetic Act, and so the complaint will be dismissed in its entirety.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: August 4, 2023, Case #: 3:22cv716, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Preemption, Product Liability, Jurisdiction
J. Knepp grants the Australian construction company's motion to dismiss, ruling that the lack of a final judgment in the state court action between the general contractor and a subcontractor has not established liability and, therefore, the claims for indemnification are unripe.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: August 3, 2023, Case #: 3:23cv11, NOS: Other Contract - Contract, Categories: Construction, Indemnification, Contract
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
J. Pearson grants the city's motion for summary judgment, ruling the vehicle technician's failure to complete a dashcam installation project by a certain deadline and damage done to a police cruiser during the process gave the city a legitimate reason to fire him, regardless of his medical conditions. Although the technician was fired shortly after he was taken to the hospital for a medical emergency, none of the reasons used to support his termination had anything to do with the emergency or his conditions, and his failure to present any evidence of pretext requires dismissal of all his claims.
Court: USDC Northern District of Ohio, Judge: Pearson, Filed On: July 31, 2023, Case #: 4:22cv1453, NOS: Family and Medical Leave Act - Labor, Categories: Ada / Rehabilitation Act, Employment, Evidence
J. Knepp grants the majority owner's motion to dismiss, ruling the lack of any allegation of fraud as it pertains to the arbitration agreement by the minority owner renders that provision enforceable. Therefore, because the fiduciary duty claims are covered under the arbitration clause, the case must be dismissed and submitted to an arbitrator.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: July 28, 2023, Case #: 3:23cv1079, NOS: All Other Real Property - Real Property, Categories: Arbitration, Fiduciary Duty, Contract
J. Carr grants the employer's motion for summary judgment, ruling any factual disputes about discrimination experienced by the black employee are irrelevant because she failed to file her complaint within the 6-month statute of limitations included in her signed employee handbook. The employee claims she never read the handbook, but that is also irrelevant because she signed the document, which included the 6-month limitation in capitalized and bolded lettering.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: July 27, 2023, Case #: 3:20cv1992, NOS: Family and Medical Leave Act - Labor, Categories: Civil Procedure, Employment Discrimination, Contract
J. Parker grants, in part, the photographer's motion for summary judgment, ruling that while the bar owner was not the creator of the advertisement that used a copyrighted photo without permission, the public display of the ad at the bar establishes liability for copyright infringement because of the striking similarity between the two images. Meanwhile, there is no evidence of willful conduct on the part of the bar owner and the photographer has not established he is entitled to any degree of statutory damages; therefore, both parties' motion on the issue of damages is denied.
Court: USDC Northern District of Ohio, Judge: Parker, Filed On: July 18, 2023, Case #: 1:22cv973, NOS: Copyrights - Property Rights, Categories: Copyright, Damages
J. Calabrese grants the competitors' motion for summary judgment, ruling the trade secrets claim brought by the dietary supplement company is time-barred based on the knowledge it had of the competitors' intent to develop and sell similar products. The company knew the competitors had filed a competing patent application in February 2016 but failed to investigate further and did not file their lawsuit until more than four years later, outside the statute of limitations established under the Ohio Uniform Trade Secrets Act.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: July 18, 2023, Case #: 1:20cv1803, NOS: Other Contract - Contract, Categories: Civil Procedure, Trade Secrets, Contract
J. Carr grants, in part, the theme park's motion to dismiss, ruling the Ohio Supreme Court's ruling in a nearly identical case requires dismissal of the claims brought by individuals who used their season passes prior to the park's shutdown during the Covid-19 pandemic. Those passholders received the "benefit of their bargain" with the theme park, who reserved the right to change operating hours without notice.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: July 17, 2023, Case #: 3:20cv2176, NOS: Other Contract - Contract, Categories: Consumer Law, Class Action, Contract
J. Polster denies the faculty and leadership members' motion to dismiss the professor's claims that they initiated an investigation against the professor in retaliation for publishing his article, and that they further violated his First Amendment rights by firing him. The professor sufficiently alleges his First Amendment retaliation claim because although his speech relates to an academic scholarship and he was a state employee at the time, he retained his right to speak and write as a private citizen. Also, the professor plausibly alleges that the faculty and leadership members fired him not because he used unethical and unsound research techniques, but because of his viewpoint.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: July 14, 2023, Case #: 1:23cv546, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Employment, First Amendment
J. Gwin grants the employer's motion to dismiss, ruling current employees initially denied religious exemptions to the Covid-19 vaccine mandate lack standing because they were granted exemptions before the suit was filed and, therefore, have not shown the threat of an imminent injury. Meanwhile, those former employees who claim they were constructively discharged after initially being denied exemptions also lack standing because they have not shown disparate treatment or disciplinary actions taken because of their religious beliefs, but rather, they left voluntarily before the adjudication of their requests for exemptions.
Court: USDC Northern District of Ohio, Judge: Gwin, Filed On: July 12, 2023, Case #: 1:22cv2154, NOS: Other Civil Rights - Civil Rights, Categories: Covid-19, Employment Discrimination, Class Action