15 results for 'judge:"Knepp"'.
[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. Knepp grants the village's motion to dismiss, ruling the unlawful takings claim filed by the quarry owner must be dismissed for failure to state a claim. The owner fails to identify a property interest other than the property itself, which the owner concedes it will be compensated for through appropriation proceedings.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: February 12, 2024, Case #: 3:22cv2282, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Government, Property
J. Knapp denies, in part, the insurer's motion to dismiss, ruling that while there are discrepancies between the property owner's representations and several sworn statements about the value of possessions destroyed by a fire in the home, the insurer has failed to establish whether the owner intentionally misled investigators, and such an issue of fact allows the contract claim to proceed.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: January 31, 2024, Case #: 3:22cv1187, NOS: Insurance - Contract, Categories: Insurance, Contract
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J. Knepp grants the insurer's motion for summary judgment, ruling any insurable interests held by the resort owner were extinguished when it accepted the deed to the property in lieu of foreclosure. Therefore, the insurer is not required to provide coverage for any property damage sustained in a storm.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: September 26, 2023, Case #: 3:19cv2854, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Insurance, Banking / Lending, Contract
J. Knepp grants, in part, the government's motion for summary judgment, ruling the dentist was not permitted to deduct from his taxes premiums paid into a life insurance policy owned by his practice because the death benefit of the policy gave him current access to the cash value of the policy; therefore, he was properly penalized for improper tax payments over several years and the claims for reimbursement will be dismissed.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: September 25, 2023, Case #: 3:19cv1073, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: Government, Tax
J. Knepp denies, in part, the city's motion for summary judgment, ruling that while the promotion denied to the black employee was a temporary one that involved work as a foreman only when the primary foreman was unavailable, the denial constitutes an adverse employment action and gives the employee a legitimate discrimination claim at this stage of the litigation. Meanwhile, the occasional use of Don King as a nickname by coworkers did not interfere with the black employee's ability to complete his work and does not rise to the threshold required for a hostile work environment claim, which will be dismissed.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: September 6, 2023, Case #: 3:21cv1834, NOS: Employment - Civil Rights, Categories: Government, Employment Discrimination
J. Knepp grants, in part, the Department of Labor's motion for summary judgment, ruling the principal owner of the chain of wireless stores will be held jointly liable for any violations of the Fair Labor Standards Act. While managers oversaw day-to-day operations, he set in place the payment structure for employees that led to this lawsuit. Meanwhile, neither party is entitled to judgment on the minimum wage claim, given the lack of complete payroll records to support the owner's claim that deductions were taken out to offset theft and allow for loans to employees.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: August 25, 2023, Case #: 3:20cv718, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, Government, Labor
J. Knepp grants the Filshie Clips manufacturers' motion to dismiss, ruling that this court lacks jurisdiction over all of the subsidiary companies because they conducted no business in the State of Ohio and are not sufficiently under the control of the parent company for the alter ego theory of liability to apply. Meanwhile, all of the patient's product liability claims against the parent company are preempted under federal law because the state law claims mirror those found in the Food, Drug, and Cosmetic Act, and so the complaint will be dismissed in its entirety.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: August 4, 2023, Case #: 3:22cv716, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Preemption, Product Liability, Jurisdiction
J. Knepp grants the Australian construction company's motion to dismiss, ruling that the lack of a final judgment in the state court action between the general contractor and a subcontractor has not established liability and, therefore, the claims for indemnification are unripe.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: August 3, 2023, Case #: 3:23cv11, NOS: Other Contract - Contract, Categories: Construction, Indemnification, Contract
J. Knepp grants the majority owner's motion to dismiss, ruling the lack of any allegation of fraud as it pertains to the arbitration agreement by the minority owner renders that provision enforceable. Therefore, because the fiduciary duty claims are covered under the arbitration clause, the case must be dismissed and submitted to an arbitrator.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: July 28, 2023, Case #: 3:23cv1079, NOS: All Other Real Property - Real Property, Categories: Arbitration, Fiduciary Duty, Contract
J. Knepp II finds in favor of the automotive company for the former supervisor's claim that the company fired her, its only female supervisor, because she reported a fellow employee for screaming at her and threatening to fire her for how she handled a call-off from a subordinate. The automotive company had non-discriminatory reasons to fire the former supervisor, such as an incident where she called off work 15 minutes before her shift by claiming she was sick only to be seen driving a short while later in a convertible with loud music.
Court: USDC Northern District of Ohio, Judge: Knepp II, Filed On: July 12, 2023, Case #: 3:21cv1823, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Knepp grants Ford's motion for summary judgment on the black employee's discrimination claim, ruling the failure by the employee during his deposition to name any similarly-situated white employees treated more favorably when they were late or had to leave shifts early requires dismissal of that charge. Meanwhile, a single call to Ford's ethics hotline during which the employee claimed he was being "birdwatched" for previous disciplinary issues is insufficient to constitute protected activity and cannot support the employee's retaliation claim, which is dismissed.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: May 31, 2023, Case #: 3:21cv1368, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation