176 results for 'court:"USDC Northern District of Ohio"'.
J. Knapp grants the postal service contractor's motion to dismiss, ruling the employee's claim he "reported concerns" about underpayment of wages to supervisors are too vague and conclusory to meet pleading requirements under the False Claims Act, especially considering there is no information about the specific wage payment violations or how the contractor responded to the reports.
Court: USDC Northern District of Ohio, Judge: Knapp, Filed On: April 24, 2024, Case #: 1:19cv1900, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Employment, Evidence, False Claims
J. Brennan denies the insurer's motion to compel discovery and the completion of an appraisal of reconstruction costs for the apartment building, ruling language in the parties' contract renders any appraisal signed by both parties final and binding. Therefore, the insurer cannot challenge any costs included in the appraisal, which was completed by an independent panel and signed by both parties.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: April 23, 2024, Case #: 1:21cv1032, NOS: Insurance - Contract, Categories: Evidence, Insurance, Discovery
J. Brennan denies the graphic designer's motion to amend her complaint, ruling she not only failed to comply with the court's deadline for such a motion, but also fails to show good cause why the deadline should be extended, other than the candy company's alleged failure to timely provide discovery responses, which she could have addressed sooner and with motions to compel.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: April 22, 2024, Case #: 1:23cv2305, NOS: Copyrights - Property Rights, Categories: Civil Procedure, Copyright, Discovery
J. Polster grants GameStop's motion to dismiss, ruling that because the terms and conditions of the customer's "pro" rewards membership include a mandatory arbitration clause, his claims regarding certain handling charges that could potentially violate the free shipping advertised in the program must be decided via arbitration.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: April 16, 2024, Case #: 5:23cv1970, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, Fraud, Class Action
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[Consolidated.] J. Knepp grants the employer's motion for judgment on the pleadings, ruling that because none of the allegations of misconduct made by the employees against their supervisors implicate conduct covered under Title VII, the employees failed to establish a prima facie case for Title VII whistleblower retaliation. Meanwhile, the emotional distress claims must also be dismissed because the complaint contains only vague and conclusory statements that fall short of establishing a serious emotional injury.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: April 16, 2024, Case #: 3:23cv1188, NOS: Employment - Civil Rights, Categories: Evidence, Emotional Distress, Employment Retaliation
J. Lioi grants, in part, State Farm's motion for judgment on the pleadings, ruling any cause of action limited by the one-year filing limitation in the homeowners' insurance policy must be dismissed for the homeowners' failure to file suit within one year of the storm that caused water intrusion and property damage, as State Farm did not waive the limitation.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: April 8, 2024, Case #: 5:23cv1124, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance, Contract
J. Brennen grants, in part, the insurer’s motion for partial summary judgment on counterclaims brought by a business owner in this insurance dispute after a fire damaged his apartment building. The court holds that the owner is barred from the 12-month cap in coverage on the business income, notes he failed to submit additional building repair to the appraisal panel, says his claim for mortgage interest is unsupported, and rules the unpaid business income he requests is based on gross income, not net computation. The insurer's motion to strike an affidavit of the owners managing member and expert witness are denied because the motion is harmless.
Court: USDC Northern District of Ohio, Judge: Bennan, Filed On: March 30, 2024, Case #: 1:21cv1032, NOS: Insurance - Contract, Categories: Insurance, Damages, Experts
J. Gaughan denies, in part, the gun part supplier's motion for summary judgment, ruling that while it is undisputed it shipped all required parts under the "gas key" agreement with the gun manufacturer, it was made aware of defects with several shipments and, therefore, there are questions of fact as to whether it fully performed and was entitled to payment under the contract.
Court: USDC Northern District of Ohio, Judge: Gaughan, Filed On: March 25, 2024, Case #: 1:22cv1471, NOS: Other Contract - Contract, Categories: Evidence, Firearms, Contract
J. Fleming grants a motion to dismiss claims by a land developer that Fairlawn, Ohio, conspired with owners of neighboring parcels to deprive the developer of the use their parcel and then foreclosed on the parcel for tax default. The land developer claims that Google Earth photos provide evidence that the owners of neighboring parcels transferred unpermitted fill dirt from the neighboring parcel to the developer’s parcel, rendering the property unusable and making the developer vulnerable to the tax default. The photos were dated prior to previous litigation which reviewed and ruled on the same claims. The judge found no reason why the evidence could not have been presented at the prior ruling and granted the motion to dismiss.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: March 22, 2024, Case #: 5:21cv1848, NOS: All Other Real Property - Real Property, Categories: Property, Foreclosure
J. Oliver grants an employee’s motion for attorney fees and costs related to a case in which the court found that the employer failed to pay workers minimum and overtime wages and awarded the employee $13,000 in damages. The employer claimed that the employee’s requested attorney fees of $115,000 are disproportionate to the damages. The judge determined that not all the billed attorney hours were reasonable and reduced the fees to $80,000, but declined to reduce the fees based on damages, as unfair attorney compensation may lead to reduced attorney participation in cases that involve lower recovery.
Court: USDC Northern District of Ohio, Judge: Oliver, Filed On: March 22, 2024, Case #: 1:19cv2549, NOS: Fair Labor Standards Act - Labor, Categories: Damages, Attorney Fees
J. Carr grants a railway’s motion for summary judgment in a retaliation claim submitted by employees who were fired for clocking out early due to an automatic two-minute time delay in the timeclock system. The supervisor had explicitly told the employees not to clock out before a minimum of six hours could be recorded on their time log, so he fired the employees for insubordination. The employees claim that they engaged in a protected activity by refusing to modify their hours to adjust for the time clock discrepancy and that they had in fact worked a full six hours. The judge finds that the employees did not properly identify a federal law in connection with their claim, and thus did not provide sufficient legal reasoning identifying their actions as a protected activity.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: March 22, 2024, Case #: 3:19cv1498, NOS: Employment - Civil Rights, Categories: Employment, Employment Retaliation
J. Ruiz denies the health care providers' motion to dismiss on the grounds of res judicata, ruling their settlement with the Ohio Attorney General does not bar the current action. Although it deals with the same subject matter - the operation of sham corporations to funnel health insurance premiums to individuals running the companies - the attorney general could not litigate claims on the part of the consumers who filed the lawsuit.
Court: USDC Northern District of Ohio, Judge: Ruiz, Filed On: March 20, 2024, Case #: 5:21cv2001, NOS: Other Contract - Contract, Categories: Civil Procedure, Health Care, Contract
J. Knapp denies, in part, the competitor's motion to compel discovery, ruling its requests for "all literature or other materials" related both to the patentholder's crossbows and any of its confidentiality agreements with third parties are overly broad and would pose an undue burden on the company.
Court: USDC Northern District of Ohio, Judge: Knapp, Filed On: March 19, 2024, Case #: 5:23cv598, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Brennan grants, in part, the Ohio paint removal company's motion for summary judgment, ruling the competitor's RICO claims must be dismissed. It knew or should have had strong suspicions regarding the Ohio company's fraudulent bidding practices before or during the criminal bribery trial of its owner, which took place more than four years before this complaint was filed; therefore, the complaint was filed outside the statute of limitations.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: March 18, 2024, Case #: 5:21cv731, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Fraud, Racketeering
J. Barker grants, in part, the patentholder's motion for attorney fees, ruling that while its success in the levy of sanctions against the competitor entitles it to reasonable fees for the outside counsel hired to litigate the sanctions, it is not entitled to fees for the work spent in crafting its reply to the opposition motion filed by the competitor; therefore, the patentholder is awarded $43,000 in fees.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: March 15, 2024, Case #: 1:21cv662, NOS: Other Contract - Contract, Categories: Patent, Attorney Fees, Contract
J. Knapp grants the ladder manufacturer's motion to exclude the testimony of the expert witness, ruling that although he is qualified to give an opinion on any defects in the ladder, his visual observation method to determine the reason for the ladder's failure is insufficient to establish causation. Additionally, without the testimony of the expert witness, the injured individual has not put forth a viable manufacturing defect claim and his complaint must be dismissed in its entirety.
Court: USDC Northern District of Ohio, Judge: Knapp, Filed On: March 14, 2024, Case #: 5:22cv72, NOS: Tort Product Liability - Real Property, Categories: Evidence, Product Liability, Experts
J. Carr denies the newspapers' motion to dismiss, ruling their disclosure of subscribers' personal information to Meta whenever they interacted with a video on the newspapers' websites constitutes a concrete injury and gives the subscribers standing to pursue claims under the Video Privacy Protection Act. Meanwhile, the subscribers are considered consumers under the Act because the purpose of their accounts and submission of personal data is to access the newspapers' main business, the distribution of news, including the videos, which are not ancillary services.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: March 13, 2024, Case #: 3:23cv302, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Privacy, Class Action
J. Pearson denies, in part, Norfolk Southern's motion to dismiss, ruling claims brought by residents of East Palestine are not preempted by federal law because the claims involved in the train derailment either involve conduct not covered by federal law or seek damages for a breach of safety regulations. Additionally, Norfolk Southern's transport of more than a million pounds of hazardous chemicals and intentionally setting them on fire in a residential neighborhood following the derailment constitute "abnormally dangerous activity" and establishes a claim for strict liability.
Court: USDC Northern District of Ohio, Judge: Pearson, Filed On: March 13, 2024, Case #: 4:23cv242, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Environment, Tort, Negligence
J. Pearson denies, in part, the chemical and rail companies' motion to dismiss, ruling that when they leased railcars and used them to transport chemicals, they knew the cars would pass through Ohio, which is sufficient to establish jurisdiction in this court for claims filed by the New Palestine residents harmed by the train derailment.
Court: USDC Northern District of Ohio, Judge: Pearson, Filed On: March 13, 2024, Case #: 4:23cv242, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Environment, Negligence, Jurisdiction
J. Nugent grants Target's motion for summary judgment, ruling there is no evidence any store employee knew the dock plate was wet or slippery when the truck driver made the delivery or that the plate was wet at all. Furthermore, considering the driver finished unloading his delivery without checking or wiping the dock plate down, he cannot prove his claim the store made an unreasonably safe condition that led to his fall.
Court: USDC Northern District of Ohio, Judge: Nugent, Filed On: March 5, 2024, Case #: 1:23cv328, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Negligence, Premises Liability
J. Carr denies, in part, the aircraft sellers' motion to dismiss, ruling that because the buyer was located in Ohio, performed an inspection of the aircraft and conducted a test flight in Ohio prior to buying the plane, this court has jurisdiction over its claims regarding defects in the engine that rendered it not flightworthy. However, the Texas inspection company made no contacts in the state of Ohio, and the transfer of its logbooks with the aircraft when it was shipped to Ohio is insufficient to establish jurisdiction; therefore, it will be dismissed from the case.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: March 5, 2024, Case #: 3:19cv1645, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
J. Calabrese denies the sanitary napkin company's motion for partial judgment on the pleadings, ruling the magazine's affirmative defense of apportionment of any special damages may proceed because it is not the only periodical to publish the allegedly defamatory letter about heavy metals contained in the napkins. Therefore, if special damages are eventually awarded, the magazine may seek to apportion the damage between itself and the Wisconsin magazine because the publications did not share readership.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: March 4, 2024, Case #: 5:23cv376, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Damages, Defamation
J. Adams denies the city's motion to alter its consent decree with the Environmental Protection Agency, ruling that while its proposed amendment to allow overflow of 100 million gallons of untreated sewage into the Cuyahoga Valley National Park is significantly less than the amount of overflow at the time the decree was established, it does not amount to a de minimis impact on the watershed and surrounding area. Additionally, the increase in treatment costs from $56 million to $209 million is not a significant change in circumstances that allows for an adjustment in the consent decree because the city provided no evidence to explain the cost increase and relied on outdated treatment data when it submitted cost predictions.
Court: USDC Northern District of Ohio, Judge: Adams, Filed On: March 1, 2024, Case #: 5:09cv272, NOS: Environmental Matters - Other Suits, Categories: Environment, Evidence, Water