18 results for 'judge:"Fleming"'.
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. Fleming grants the fired business partner's motion to dismiss, ruling the employment agreement between the partner, the business and the other co-founder does not establish a contract between the two partners; therefore, the co-founder cannot bring breach of contract claims. Meanwhile, because the two partners did not share profits or losses and did not have mutual agency over the business, there was no special relationship to support the fiduciary duty claim, which will also be dismissed.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 29, 2023, Case #: 1:22cv638, NOS: Other Contract - Contract, Categories: Fiduciary Duty, Contract
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J. Fleming grants the city's motion to dismiss, ruling the property owners' constitutional claims are time-barred. While the owners' harm may have continued throughout the duration of the construction project, they were not prevented from bringing their takings and nuisance claims immediately after the project was started.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 29, 2023, Case #: 1:22cv2014, NOS: Torts to Land - Real Property, Categories: Civil Procedure, Government, Property
J. Fleming denies the estate's motion for summary judgment on its negligence claim against the cable company employee who cut the drop wire that caused the fatal motorcycle accident, ruling questions of fact remain as to whether the employee's decision to cut the line, which ordinarily falls flat across a roadway, was reasonable. Meanwhile, the employee's perfect scores on every field safety test and his training history preclude any direct negligence claim against the employer.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 26, 2023, Case #: 1:21cv543, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Wrongful Death
J. Fleming grants the postmaster general's motion to dismiss, ruling the race discrimination and retaliation claims filed by the employee were fully litigated in his first lawsuit prior to its dismissal and, therefore, are barred by res judicata.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 21, 2023, Case #: 1:21cv2144, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination
J. Fleming grants the Ohio EPA's motion to dismiss, ruling the property owners' 2021 lawsuit is time-barred, as they were aware of any alleged conspiracy to prevent them from developing wetlands by 2017 at the latest. The owners claim the conspiracy is ongoing but failed to provide any evidence to support their argument, although the EPA officers would be entitled to immunity even if the claims were not time-barred.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 21, 2023, Case #: 5:21cv1848, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Water
J. Fleming denies, in part, certain doctors' motion to dismiss, ruling the employee's allegations are sufficient to support her retaliation claim against two doctors who allegedly were aware of her formal complaint and fired her within three months.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 15, 2023, Case #: 1:22cv1588, NOS: Employment - Civil Rights, Categories: Evidence, Employment Retaliation
J. Fleming denies the city's motion to dismiss, ruling the disparate treatment claim brought by the property owners was filed within the applicable statute of limitations. Although they discovered in 2008 a strip of land similar to one on their property was vacated by the city, their claim did not accrue until the city took a concrete position on their strip in 2013. Furthermore, the city is not entitled to political subdivision immunity because the owners seek only declaratory relief.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 13, 2023, Case #: 1:22cv1861, NOS: Other Civil Rights - Civil Rights, Categories: Government, Property, Real Estate
J. Fleming denies the car owners' motion for class certification, ruling typicality requirements are not met by the claims of those who bought allegedly defective vehicles because numerous individuals in the prospective class could have purchased cars after the expiration of their warranties, when the defective engines would not have been covered by General Motors.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 11, 2023, Case #: 1:20cv2638, NOS: Contract Product Liability - Contract, Categories: Product Liability, Warranty, Class Action
J. Fleming grants the lender's motion to dismiss, ruling that because the lead plaintiffs' claims involve only mortgages on Ohio properties and none of the individuals sustained damages outside the state, they cannot bring a nationwide class action. Additionally, there are no allegations in the complaint the relationship between the parties was anything more than that of a typical lender-borrower, which requires dismissal of the fiduciary duty claim.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: August 21, 2023, Case #: 1:22cv1392, NOS: Other Contract - Contract, Categories: Fiduciary Duty, Banking / Lending, Class Action
J. Fleming grants the ERISA plan administrator's motion to dismiss, ruling the successor company to the original policyholder was not named on the plan and, therefore, was not an intended beneficiary of the plan and cannot seek damages for a one-month gap in coverage.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: August 21, 2023, Case #: 4:22cv208, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Contract
J. Fleming grants the employer's motion for summary judgment, ruling the pregnant employee's deposition testimony about the reasons for her termination are entirely self-serving and unsupported by the record. Additionally, the male employees she uses as comparators were neither on their probationary periods when they were disciplined nor were they treated differently for similar use of medical leave.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: June 5, 2023, Case #: 1:20cv1683, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Employment Discrimination
J. Fleming grants the employer's motion to intervene, ruling that because the fired employee's claims regarding the coworker's breach of a commission agreement are directly related to whether the employer was contractually allowed to fire the employee, it has a legitimate purpose to be included in the suit. Therefore, because the request was made in a timely manner and the lawsuit has hardly progressed since being filed, the employer will be included in the case moving forward.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: May 24, 2023, Case #: 1:22cv638, NOS: Other Contract - Contract, Categories: Civil Procedure, Employment, Contract