254 results for 'court:"USDC Southern District of Ohio"'.
J. Black grants, in part, the homeowners' motion to compel discovery, ruling certain communications between the insurer's employees regarding the initial inspection and valuation of a potential insurance claim are not protected under work product privilege because they were not produced in anticipation of litigation, but rather, were made in the ordinary course of business.
Court: USDC Southern District of Ohio, Judge: Black, Filed On: November 28, 2023, Case #: 1:22cv438, NOS: Insurance - Contract, Categories: Insurance, Discovery, Privilege
J. Rice grants the school's motion for summary judgment, ruling the teacher's failure to accommodate claim under the Americans with Disabilities Act fails as a matter of law. While she requested additional textbooks and suggested different class structures, none of these requests were made explicitly in regard to her bipolar diagnosis and, therefore, cannot be considered requests for accommodations.
Court: USDC Southern District of Ohio, Judge: Rice, Filed On: November 22, 2023, Case #: 3:21cv248, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. McFarland grants, in part, the battery manufacturer's motion to dismiss, ruling that because the temporary labor provider's subsidiary is not named in the parties' contract, its contract claim must be dismissed. However, because there are issues of fact regarding the accrual date of the unjust enrichment claims filed by the labor provider, those will proceed.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: November 21, 2023, Case #: 1:23cv184, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. Graham denies the employer's motion to dismiss, ruling that although it is based in Florida, its decision to form a partnership with the Ohio-based employee and allow him to work from home satisfies Ohio's long-arm statute and establishes jurisdiction for the employee's lawsuit.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: November 20, 2023, Case #: 2:22cv4376, NOS: Stockholders’ Suits - Contract, Categories: Employment, Jurisdiction, Contract
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J. Marbley grants, in part, the union's motion for default judgment, ruling the member's failure to respond to any allegations of delinquent contributions entitles the union to an amount of damages that will be determined by an audit, as well as more than $3,000 in attorney fees.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: November 20, 2023, Case #: 2:22cv2799, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Attorney Fees, Labor / Unions
J. Morrison grants, in part, the township's motion to dismiss, ruling it is not required under Ohio law to approve every zoning application that meets certain requirements found in its comprehensive plan. Therefore, the landowners have no protected property interest in the re-zoning application and their due process claims fail as a matter of law.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: November 17, 2023, Case #: 2:23cv691, NOS: Other Civil Rights - Civil Rights, Categories: Government, Zoning, Due Process
J. Morrison grants, in part, the news outlet's motion for attorney fees following its successful preliminary injunction motion in its case regarding a county clerk's restriction of public access to newly-filed civil actions, awarding approximately $135,000 in fees. While it is entitled to fees after the success of its preliminary injunction motion, several of the attorneys' rates will be limited to $500 per hour to better reflect reasonable rates in the Columbus, Ohio area, and prefiling fees must also be reduced.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: November 16, 2023, Case #: 2:22cv2471, NOS: Other Civil Rights - Civil Rights, Categories: Government, Attorney Fees, First Amendment
J. Rose denies, in part, the advertiser's motion to dismiss, ruling the vet clinic's receipt of an unsolicited fax constitutes a concrete injury and gives it standing to pursue claims under the Telephone Consumer Protection Act.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: November 14, 2023, Case #: 3:23cv56, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Consumer Law, Class Action
J. Deavers denies, in part, the competitor's motion to compel discovery, ruling the auto glass company has provided sufficient responses to interrogatories about potential damages for loss of business, although supplementation from expert witnesses may be required further along in the case. However, the motion to compel will be granted as it pertains to the competitor's request for additional information about the pay scale for glass technicians, which does not cover all of the glass company's 13,000 employees, but rather a small subset that is crucial to the case.
Court: USDC Southern District of Ohio, Judge: Deavers, Filed On: November 14, 2023, Case #: 2:21cv4558, NOS: Other Contract - Contract, Categories: Trade Secrets, Discovery, Contract
J. Marbley denies the private fire department's motion for judgment on the pleadings, ruling it is not entitled to governmental immunity because its contract with a local municipality had expired at the time it responded to the fire and the firefighter who ran over the homeowners was not responding to or extinguishing a fire at the time of the accident. Additionally, there are issues of fact as to whether the firefighter's actions were reckless, which would also deprive him of immunity; therefore, judgment is not warranted at this stage of the litigation.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: November 14, 2023, Case #: 2:23cv1353, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Immunity, Wrongful Death
J. Watson denies both parties' motions for summary judgment, ruling that while the tax-exempt organization has standing to pursue First Amendment claims against the IRS for disclosure requirements related to personal information of donors, issues of fact remain as to whether the disclosure requirements are part of the federal government's legitimate need to enforce tax compliance regulations.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: November 9, 2023, Case #: 2:22cv4297, NOS: Other Statutory Actions - Other Suits, Categories: Government, Tax, First Amendment
J. Cole grants the Ohio companies' motion to dismiss, ruling the allegations of corporate misconduct by the former owner of the Mexico-based company deal exclusively with actions taken in Mexico and, despite any minor connection to Ohio, would be better served through legal action in that country.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: November 2, 2023, Case #: 1:22cv768, NOS: Other Contract - Contract, Categories: Venue, Contract
J. Morrison denies, in part, the commission's motion to dismiss, ruling the attorney's allegations of being terminated without warning or cause shortly after she complained of sex discrimination sets forth a plausible claim for age discrimination retaliation. However, the two individual commissioners are entitled to qualified immunity on the attorney's civil rights claims because no state law required them to investigate her claims of discrimination independent of the commission as a whole.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: November 1, 2023, Case #: 2:23cv940, NOS: Employment - Civil Rights, Categories: Government, Immunity, Employment Retaliation
J. Vascura denies, in part, the government's motion to dismiss, ruling the managers' comments about the male employee who requested leave to care for his newborn are sufficient to constitute evidence of direct discrimination at this stage, at least regarding the employee's claims for declaratory and injunctive relief. However, the employee's threats of violence against a manager and profanity-laced outbursts gave the government a legitimate reason to issue an unacceptable performance rating and precludes the retaliation claim for damages, which will be dismissed.
Court: USDC Southern District of Ohio, Judge: Vascura, Filed On: October 31, 2023, Case #: 2:22cv1935, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Bowman grants, in part, the cleaning company's motion for sanctions, ruling the former employee's repeated refusals to comply with court orders regarding discovery has prejudiced the company and prevented it from preparing any type of defense to counterclaims filed by the employee. Therefore, the employee is ordered to appear at a telephonic conference on November 13 or face additional sanctions, while the company will also be awarded more than $10,000 in attorney fees.
Court: USDC Southern District of Ohio, Judge: Bowman, Filed On: October 26, 2023, Case #: 1:22cv12, NOS: Trademark - Property Rights, Categories: Sanctions, Trade Secrets, Attorney Fees
J. Morrison grants the employer's motion for summary judgment, ruling that while the employee claims not every coworker was offended when he wrote "oink, oink" on their lockers as a way to convince them to clean up, the conduct was still a violation of the company's anti-harassment policy and gave it a legitimate reason to fire him.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: October 26, 2023, Case #: 2:22cv2073, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination
J. Marbley grants the parties' joint motion for approval of the class action settlement, ruling the award to each class member of the difference between the cash value of their damaged vehicle and the amount paid by State Farm on their insurance claim will provide fair compensation. Meanwhile, the highly skilled attorneys who represented the class are entitled to the full amount of attorney fees requested and will be awarded $900,000.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: October 25, 2023, Case #: 2:21cv5867, NOS: Insurance - Contract, Categories: Insurance, Settlements, Class Action
J. Rose grants the employer's motion for summary judgment, ruling the comment made by a supervisor about the possibility of the employee having to work on Sundays is insufficient to establish a claim for religious discrimination. The supervisor was not in a position to make termination decisions and the employer never instituted a policy that required employees to work instead of going to church. Meanwhile, the employee undertook no protected activity after the conversation with the supervisor and so his retaliation claim also fails as a matter of law and the complaint will be dismissed in its entirety.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: October 25, 2023, Case #: 3:21cv51, NOS: Other Civil Rights - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Black denies a fitness gym’s motion for order of possession in this dispute over an asset purchase agreement for the sale of gym equipment to another gym. The suing firm has failed to show their entitlement for possession. A preliminary injunction is granted in favor of the suing gym to be issued in lieu of any relief under the replevin law. The purported buyer has a history of fraudulent conduct and has failed to pay the purchase price of $60,000. The equipment shall not be moved, disposed of in any way or concealed from the premises.
Court: USDC Southern District of Ohio, Judge: Black, Filed On: October 19, 2023, Case #: 1:23cv415, NOS: Other Contract - Contract, Categories: Contract, Injunction
J. Cole grants in part the motion filed by a former employee and his new employer, a power company, to vacate or modify preliminary injunction for violating the company’s non-competition agreement. The power company has not been properly notified or had the chance to be heard because they were not a party at the time the preliminary injunction was issued. This court orders, adjudges and decrees the new preliminary injunction enjoining the employee and those parties in active participation with him from disclosing any documents from the former employer.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: October 18, 2023, Case #: 1:23cv352, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Discovery, Injunction
J. Morrison denies the employer's motion for reconsideration, ruling discovery was not required prior to ruling on the employee's motion for conditional class certification, which was supported by sufficient evidence in the complaint.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: October 17, 2023, Case #: 2:22cv4389, NOS: Fair Labor Standards Act - Labor, Categories: Discovery, Class Action, Labor
J. Morrison denies the university's motion for summary judgment, ruling the female professor's comparators create a question of fact as to whether she was treated differently when she signed a contract with a government agency for consulting services, an action for which several male colleagues were never investigated, much less fired.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: October 6, 2023, Case #: 2:19cv4162, NOS: Other Civil Rights - Civil Rights, Categories: Education, Employment Discrimination