254 results for 'court:"USDC Southern District of Ohio"'.
J. Black grants the injured patient's motion to stay proceedings, ruling that because other litigation involving the same insurance company and surgeon is farther along and will help to clarify critical issues in this case, the declaratory judgment action filed by the insurer must be stayed pending the outcome of the other case.
Court: USDC Southern District of Ohio, Judge: Black, Filed On: June 26, 2023, Case #: 1:22cv122, NOS: Insurance - Contract, Categories: Civil Procedure, Health Care, Insurance
J. Sargus denies the medical student's motion for a preliminary injunction, ruling her past performances on standardized tests and cognitive abilities when compared with the standard population do not weight in favor of her ADHD being considered a disability such that she should be given accommodations when she takes the MCAT exam. Additionally, the request for 50 percent extra time, as opposed to the standard 25 percent accommodation, is not supported by any medical evidence in the record.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: June 20, 2023, Case #: 2:23cv1241, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, Education
J. Cole grants the pharmaceutical company's motion to dismiss, ruling any design defect claims related to the antianxiety drug, Lexapro, and based on state law are preempted under federal law. The drug was approved by the FDA and, therefore, the impossibility doctrine applies because the only way the manufacturer could comply with state law would be to stop selling an FDA-approved drug.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: June 15, 2023, Case #: 1:22cv523, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Preemption, Product Liability
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J. Rose grants, in part, the hospital's motion for summary judgment, ruling that because its contract with the mask supplier explicitly required the delivery of 3M N95 masks, the supplier breached the agreement when it sent counterfeit products that had to be returned.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: June 13, 2023, Case #: 3:21cv136, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Health Care, Contract
J. Sargus denies both parties' motions for summary judgment, ruling that questions of fact regarding whether the company's employee was authorized to give a job offer to the applicant, as well as the lack of a written offer to the support the applicant's version of events, prevent judgment on the contract claim brought by the applicant.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: June 13, 2023, Case #: 2:20cv5664, NOS: Other Contract - Contract, Categories: Contract, Employment Retaliation
J. Sargus grants, in part, the hernia mesh manufacturer's motion in limine, ruling evidence regarding other products made by the company will only be admitted if it is relative to the patients' injuries, not merely as an attempt to prove the manufacturer is a bad company. Additionally, testimony regarding the manufacturer's financial condition will be admitted only so far as it relates to the feasibility of alternative design studies that may have been conducted prior to the creation of the allegedly defective device.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: June 12, 2023, Case #: 2:18cv1022, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Evidence, Health Care, Product Liability
J. Morrison grants the radiologist's motion for judgment on the administrative record, ruling the insurer's termination of disability benefits was arbitrary and capricious because medical opinions from two doctors expressed serious doubts as to whether he could return to work and adequately perform his job. Although there was improvement in the radiologist's vision after several surgeries and he expressed he was satisfied with his vision, this opinion is not conclusive evidence his vision had improved to the point where he would be able to interpret medical images and accurately diagnose diseases for his patients; therefore, his total disability benefits will be reinstated.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: June 12, 2023, Case #: 2:22cv112, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Evidence, Insurance
J. Cole grants the individuals' motion for conditional class certification, ruling that jail processing records show more than 500 individuals were detained more than 48 hours after their arrests and before their initial court appearances, which satisfies numerosity requirements, while the questions of law surrounding their detainments are best litigated through a class action lawsuit.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: May 30, 2023, Case #: 1:19cv91, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Class Action
J. Deavers denies the non-party engineering firm's motion for sanctions, ruling the hydroelectric company did not abuse the subpoena process when it requested extensive documents and other discovery materials from the firm, which was integral to the project from which this lawsuit originally stemmed. However, the cost-shifting rule of procedure is applicable in this case, given the large amount of attorney fees and other costs incurred by the non-party firm, which produced more than 1.2 million documents throughout the discovery process. Therefore, the hydroelectric company will reimburse it for more than $82,000 in expenses.
Court: USDC Southern District of Ohio, Judge: Deavers, Filed On: May 24, 2023, Case #: 2:17cv708, NOS: Other Contract - Contract, Categories: Sanctions, Discovery, Attorney Fees