39 results for 'judge:"Barker"'.
J. Barker grants the Pomo Indian lender's motion to compel arbitration. The lender claims amounts due and owed on the borrower's loan for $1,100 at 335.43% interest are still outstanding. Though this class action claims the lending scheme is predatory and unlawful, a state law disclaimer in the contract does not render the delegation clause in the arbitration agreement unenforceable. The delegation clause does not prospectively waive the borrower's recourse to any federal rights.
Court: USDC Southern District of Indiana, Judge: Barker , Filed On: March 22, 2024, Case #: 1:23cv520, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Banking / Lending, Class Action, Racketeering
J. Barker grants the school's motion for summary judgment on a high school student's constitutional challenge to the temporary revocation of his pro-life club. The student knew of the requirements of the Indiana Tort Claims Act under which certain claims were filed, and failed to satisfy form, timing and content requirements. No cogent argument has been made regarding claims of ineffective notice.
Court: USDC Southern District of Indiana, Judge: Barker , Filed On: March 15, 2024, Case #: 1:21cv3075, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Municipal Law
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. 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. Barker grants, in part, the employers' motion to dismiss, ruling the former CFO's failure to execute a release agreement at the end of his employment or present evidence he completed all requirements of his employment contract requires dismissal of the contract claim related to severance and vacation pay. Meanwhile, the CFO's decision to lump all the employers together in the aiding and abetting discrimination claim requires dismissal of that claim because if all the employers took part in the discriminatory conduct, it is not possible for them to aid and abet themselves in the same discriminatory conduct.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: January 12, 2024, Case #: 1:23cv986, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Contract
J. Barker denies, in part, the prison guard's motion for summary judgment, ruling a question of fact precludes judgment on the excessive force claim filed by the inmate related to being shoved down the stairs. Video footage does not clearly disprove the inmate's claim the officer pushed him into the door frame and caused him to fall. However, the rest of the complaint will be dismissed because none of the officer's remaining conduct, including roughly helping the inmate up to his feet and failing to give him medication at a precise time, rises to the level required for a deliberate indifference claim.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: January 8, 2024, Case #: 1:21cv1913, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Prisoners' Rights
J. Barker grants, in part, the metal processing company's motion for summary judgment, ruling that because its non-disclosure agreement with the processing equipment manufacturer unambiguously excludes any confidential information disclosed by the manufacturer during negotiations, including several of the trade secrets named in this lawsuit, the processing company cannot be held liable for a breach of the agreement.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: December 8, 2023, Case #: 1:21cv662, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract
J. Barker grants the school's motion for summary judgment, ruling that although the homosexual executive director was required to work weekends and was assigned work while on sick leave, these obligations were expected of his position and cannot be considered degrading, as required to prove his claim he was compelled to resign because of discriminatory treatment. Additionally, the managing director's single comment that "God made Adam and Eve," which he disputes was ever said, is insufficient to prove a hostile work environment that would compel a reasonable individual to resign.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: November 17, 2023, Case #: 1:22cv1049, NOS: Employment - Civil Rights, Categories: Education, Evidence, Employment Discrimination
J. Barker grants the real estate owners' motion to dismiss, ruling the investors' vague allegations of wire fraud, which include mention of hundreds of phone calls but no specific details regarding alleged fraudulent valuations of various properties, are insufficient to satisfy the heightened pleading standard of their RICO claim.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: November 17, 2023, Case #: 1:22cv2183, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Racketeering
J. Barker grants, in part, the ash processing company's motion for sanctions against the mineral recovery machine manufacturer, ruling the inspector's photos and statements about the processing company's filtration system violated the parties' protective order. They were used on the manufacturer's patent application for a similar product and not solely for discovery, as required by the order. Therefore, the manufacturer will be enjoined from introducing the patent during this case while the ash processing company is awarded fees associated with this motion.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: November 7, 2023, Case #: 1:21cv662, NOS: Other Contract - Contract, Categories: Patent, Sanctions, Attorney Fees
J. Barker rules in part for a school in breach of contract claims because plaintiff established the school's investigation into stalking claims may have been improper, and the claims are not moot simply because the suspect was found not guilty. However, plaintiff failed to support unjust enrichment claims, which should be dismissed.
Court: USDC Southern District of Indiana, Judge: Barker, Filed On: September 29, 2023, Case #: 1:22cv1828, NOS: Other Contract - Contract, Categories: Civil Procedure, Education, Contract
J. Barker denies, in part, the jail employees' motions for summary judgment, ruling the guard on shift at the time of the inmate's death and the shift supervisor are not entitled to judgment on the estate's deliberate indifference claim. Several red flags - including the inmate's refusal to eat breakfast and her admission she had taken drugs before her arrest - should have alerted them that she needed medical treatment. However, the guard assigned to duty on the day of the inmate's death cannot be held liable because he had only one interaction with the inmate, during which he saw her sleeping, and was unaware she had taken drugs prior to her arrest.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: September 28, 2023, Case #: 5:21cv959, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death
J. Barker denies the construction company's motion to dismiss, ruling that even if the court takes the owner at her word and assumes she was not served, her continued and active participation in this lawsuit over the past 18 months waives any failure of service argument and gives this court jurisdiction over the bond owner's claims.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: September 26, 2023, Case #: 1:21cv593, NOS: Other Contract - Contract, Categories: Construction, Jurisdiction, Contract
J. Barker grants the insurer's motion to dismiss a policyholder's counterclaims, ruling evidence in the record establishes she failed to inform the company of negotiations before she entered into a settlement with the estate and that no exception to the policy language involving settlements applies. Therefore, the conditions for the insurer's affirmative defense to the breach of contract counterclaims are met.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: September 19, 2023, Case #: 1:21cv1981, NOS: Insurance - Contract, Categories: Insurance, Settlements, 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