254 results for 'court:"USDC Southern District of Ohio"'.
J. Black grants the nursing students' motion for final class certification and approval of their settlement with the university, ruling class requirements are met because all of the students' claims deal with similar sets of facts related to the university's refusal to refund lab and clinical fees when portions of the curriculum were canceled during the Covid-19 pandemic. Therefore, the $750,000 settlement award is approved, while the class's motion for attorney fees will also be granted in the amount of $250,000.
Court: USDC Southern District of Ohio, Judge: Black, Filed On: October 3, 2023, Case #: 1:20cv539, NOS: Other Contract - Contract, Categories: Education, Settlements, Contract
J. Cole denies, in part, the vision benefits company's motion to dismiss, ruling the increase in spam calls to policyholders involved in the data breach is a concrete injury directly traceable to the company's failure to maintain adequate security protocols and grants the class standing to pursue its negligence and contract claims.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: September 29, 2023, Case #: 1:21cv36, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Negligence, Privacy, Class Action
J. Marbley grants the capital investment firm's motion to dismiss, ruling that while it was the main financer of the startup loan company, there is no evidence it counseled executives on what financial disclosures to make before the startup's stock price plummeted; therefore, it cannot be held liable for any securities violations. Meanwhile, statements made by the startup company about the efficacy and advantages given by its proprietary AI model are objectively verifiable through metrics put forth by the class of investors in its complaint; therefore, the securities claims related to those misstatements will not be dismissed.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: September 29, 2023, Case #: 2:22cv2935, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Class Action
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. Newman denies the government's motion to dismiss, ruling the chamber of commerce's request for injunctive relief on claims related to government-set prescription drug prices under the Inflation Reduction Act allows it to pursue claims under associational standing on behalf of several drug manufacturers. However, because there is insufficient evidence at this stage to show a likelihood of success on the merits of the chambers' claims and any economic harm to the manufacturers will not be realized for years, their request for a preliminary injunction will be denied.
Court: USDC Southern District of Ohio, Judge: Newman, Filed On: September 29, 2023, Case #: 3:23cv156, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Government, Injunction
J. Sargus grants the employer's motion for judgment on the pleadings, ruling its status as a state actor entitles it to sovereign immunity on the employee's Americans with Disabilities Act and Family and Medical Leave Act claims, which must be dismissed.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: September 28, 2023, Case #: 2:22cv4161, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Immunity, Employment Retaliation
J. Graham grants the employer's motion for summary judgment, ruling the insensitive and offensive jokes told on multiple occasions by the employee, including one that involved several babies and a reference to rape, gave it a legitimate reason to fire him and disproves his claim he was retaliated against for filing an EEOC claim.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: September 28, 2023, Case #: 2:20cv1977, NOS: Employment - Civil Rights, Categories: Evidence, Employment Retaliation
J. Rice denies, in part, the plasma machine manufacturer's motion to dismiss, ruling the terms of the contract included in the buyer's complaint provide sufficient specificity about the parties involved and establish a contract claim for the manufacturer's failure to deliver a functioning product. However, because the buyer failed to establish that all defendants worked together in any meaningful way during the production process or were essentially the same business entity, the fraud claim against them will be dismissed.
Court: USDC Southern District of Ohio, Judge: Rice, Filed On: September 28, 2023, Case #: 3:22cv333, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Barrett denies, in part, the county's motion to dismiss, ruling the statute of limitations on the wrongfully convicted individual's malicious prosecution claim did not begin to run until his conviction was overturned in 2020 and, therefore, that claim is not time-barred. Meanwhile, the wrongfully convicted individual's claim that autopsy and crime scene photographs proved he was not the driver of vehicle on the night of the fatal crash is sufficient to support his claim of a Brady violation.
Court: USDC Southern District of Ohio, Judge: Barrett, Filed On: September 27, 2023, Case #: 1:22cv315, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Malicious Prosecution
J. Barrett grants the class of logistics account executives' motion for summary judgment, ruling the evidence shows they were not exempt from the Fair Labor Standards Act and the employer was required to pay overtime because their primary job was not management of the company's business operations. Although brokering loads is essentially the core business of the employer, the account executives effectively worked as sales employees and do not fall within the administrative exception of the Act; therefore, the employer must pay liquidated damages to compensate the employees for unpaid overtime.
Court: USDC Southern District of Ohio, Judge: Barrett, Filed On: September 26, 2023, Case #: 1:10cv649, NOS: Other Statutory Actions - Other Suits, Categories: Employment, Class Action, Labor
J. Marbley denies, in part, the community college's motion to dismiss, ruling while this court's previous injunction required it to make payments to the educational course developer for administrative costs and profit-sharing, it did not moot the contract claim in its entirety because the developer also seeks declaratory relief.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: September 25, 2023, Case #: 2:22cv2653, NOS: Other Contract - Contract, Categories: Education, Contract, Injunction
J. McFarland denies Walmart's motion for summary judgment, ruling that because photos of the puddle that caused the shopper to slip and fall demonstrate it was clear, it was not an open and obvious hazard the precludes liability, while Walmart also had notice of the puddle based on another shopper's fall just minutes before the one at issue.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: September 22, 2023, Case #: 1:21cv580, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Premises Liability
J. McFarland denies the employer's motion to dismiss, ruling the employee's race discrimination and retaliation claims are based on federal law outside the scope of the collective bargaining agreement between the employer and the union and, therefore, are not preempted by the National Labor Relations Act or barred by the relevant statute of limitations.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: September 22, 2023, Case #: 1:23cv12, NOS: Fair Labor Standards Act - Labor, Categories: Preemption, Employment Discrimination, Labor / Unions
J. Cole grants, in part, the seller's motion for summary judgment, ruling the buyer owes it more than $13,000 under the contract's post-closing adjustment holdback provision, which was binding on the parties, regardless of whether the seller disputed the working capital statement provided by the buyer. Meanwhile, the buyer is entitled to summary judgment on the fraud claim because not only is there no concrete evidence of false statements made after the deal was closed, but the seller failed to prove any harm came from the alleged misstatements about corporate assets.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: September 19, 2023, Case #: 1:18cv907, NOS: Other Contract - Contract, Categories: Fraud, Damages, Contract
J. McFarland grants, in part, the township's motion for summary judgment, ruling the female detective cannot make a prima facie case for sex discrimination. Her termination was based on insubordination that had nothing to do with her gender; in fact, she conceded during her deposition she was fired for "reporting a wrongdoing" related to Covid-19 protocols.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: September 15, 2023, Case #: 1:20cv842, NOS: Employment - Civil Rights, Categories: Jurisdiction, Employment Discrimination, Whistleblowers
J. Sargus denies the decorative metal products company's motion to dismiss, ruling the contract claim related to the technology company's confidential information is plausible. The nondisclosure agreement between the parties did not allow for public disclosure of the metal stamping technology, such as that included in the metal company's patent application, but allowed only for transfer of such information between the two parties.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: September 15, 2023, Case #: 2:22cv3433, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Patent, Trade Secrets, Contract
J. Barrett denies the funding group's motion to dismiss, ruling the lender's allegations the group knew several health care companies were precluded from assigning receivables to another company are sufficient to plead a conversion claim under Ohio law. Meanwhile, allegations the funding group concealed its transfers with the health care companies meet heightened pleading requirements for the fraudulent transfer claim and allow that claim to proceed.
Court: USDC Southern District of Ohio, Judge: Barrett, Filed On: September 14, 2023, Case #: 1:21cv691, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fraud, Conversion, Banking / Lending
J. McFarland grants the pay-per-view fight licensing company's motion for default judgment, ruling it is entitled to $15,000 in actual and willful damages against the bar owners who broadcasted the copyrighted fight for their patrons without first purchasing a license.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: September 14, 2023, Case #: 1:22cv362, NOS: Cable/Sat TV - Other Suits, Categories: Copyright, Damages, Conversion
J. Graham grants the state industrial commission's motion for summary judgment, ruling statements from the commissioner, including his feelings that an investigation into a male supervisor was unfair and that some of the women in the department had difficult demeanors, are insufficient to prove any discriminatory intent behind the female attorney's removal as chief legal counsel. Meanwhile, the female attorney's move to an undesirable cubicle and being assigned a new telephone number upon her return to a previous position do not constitute discriminatory or retaliatory behavior that prevented her from doing her job.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: September 12, 2023, Case #: 2:21cv2987, NOS: Employment - Civil Rights, Categories: Evidence, Government, Employment Discrimination
J. Marbley denies, in part, the hotels' motion to dismiss, ruling allegations in the complaint filed by the sex-trafficking victim are sufficient to confer direct liability on both the parent company and the franchisors. The complaint alleges the businesses worked together as part of a joint venture and were either aware or should have been aware of trafficking that occurred at their properties.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: September 12, 2023, Case #: 2:22cv3202, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Negligence
J. Black grants the consumer's motion for default judgment, ruling she is entitled to more than $11,000 in statutory damages, attorney fees and actual damages for the debt collector's conduct, none of which is contested, including several phone calls and threats of a lawsuit over a debt that was time-barred.
Court: USDC Southern District of Ohio, Judge: Black, Filed On: September 7, 2023, Case #: 1:22cv384, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Damages, Attorney Fees
J. Marbley grants the exotic dancers' motion for class certification, ruling that while the tenant agreements signed by the dancers at different clubs may not be identical, they were all subject to similar employment conditions that required them to pay rent to the clubs as a condition of their employment, which satisfies commonality requirements.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: September 6, 2023, Case #: 2:15cv2883, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, Class Action, Labor