13 results for 'judge:"Calabrese"'.
J. Calabrese grants the parties' joint motion for approval of the class action settlement, ruling the class of stockholders has been adequately represented by competent counsel who worked more than 1,100 hours on the case, while the settlement amount will fairly compensate all members, given the complexity and uncertainty of taking the case to trial.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: May 9, 2024, Case #: 1:20cv2744, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Settlements, Securities, Class Action
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. Calabrese grants the employer's motion for summary judgment, ruling the employee's First Amendment retaliation claims fail as a matter of law. Although the gender pay disparity issue involved a matter of public concern, she failed to raise it before the board of commissioners until a hearing when she expressed other frustrations with her supervisor that involved issues related only to their work relationship, a hearing that took place more than five months after the pay gap issue arose.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: January 16, 2024, Case #: 1:18cv522, NOS: Employment - Civil Rights, Categories: Government, Employment Retaliation, First Amendment
J. Calabrese grants, in part, the employer's motion for judgment on the pleadings, ruling the employee's Family and Medical Leave Act claims are barred against the county, which does not qualify as a public agency under the statute.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: December 15, 2023, Case #: 1:23cv713, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment Retaliation
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J. Calabrese denies, in part, the paint supplier's motion to dismiss, ruling its executive's statement about tweaks made to a UV-resistant cabinet paint is sufficient to form the basis of a fraudulent inducement claim because the executive made certain performance guarantees about the product, which was purchased by the cabinet company less than a month after the parties' meeting.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: September 27, 2023, Case #: 1:22cv737, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Warranty
J. Calabrese denies the competitors' motion for attorney fees, ruling that communications between the competitors and several principal agents of the company who filed suit for trade secret violations gave it legitimate reasons to pursue its lawsuit into the discovery phase, which prevents the award of fees for bad faith.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: September 19, 2023, Case #: 1:20cv1803, NOS: Other Contract - Contract, Categories: Trade Secrets, Attorney Fees, Contract
J. Calabrese grants the paper production facility seller's motion for judgment on the pleadings, ruling that while the parties could not come to an agreement for the sale of the facility, they also failed to submit a joint certified letter to the escrow agent notifying it of the collapse of the deal, as required under the parties' agreement for return of the money to the buyer. Therefore, the seller is entitled to the $500,000 in escrow funds.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: September 18, 2023, Case #: 1:22cv2128, NOS: Other Contract - Contract, Categories: Banking / Lending, Contract
J. Calabrese grants the competitors' motion for summary judgment, ruling the trade secrets claim brought by the dietary supplement company is time-barred based on the knowledge it had of the competitors' intent to develop and sell similar products. The company knew the competitors had filed a competing patent application in February 2016 but failed to investigate further and did not file their lawsuit until more than four years later, outside the statute of limitations established under the Ohio Uniform Trade Secrets Act.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: July 18, 2023, Case #: 1:20cv1803, NOS: Other Contract - Contract, Categories: Civil Procedure, Trade Secrets, Contract
J. Calabrese grants the employer's partial motion to dismiss, ruling the employee's wrongful disclosure claim under the Americans with Disabilities Act fails as a matter of law. The company's questions about her Covid-19 vaccination status, religious beliefs, and past vaccinations were not inquiries used to determine whether she was disabled. Meanwhile, Louisiana law applies to the employee's discrimination claims, which differs from Ohio law through the availability of punitive damages, because she worked and sustained her injuries in that state; therefore, that portion of her suit will also be dismissed.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: May 23, 2023, Case #: 5:22cv2281, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Choice Of Law, Employment Discrimination