44 results for 'judge:"Marbley"'.
[Consolidated.] J. Marbley grants the lender's motion to compel arbitration, ruling evidence indicates all the borrowers voluntarily signed the loan agreement, which included arbitration language in bold and capital lettering; therefore, the arbitration provision is valid and enforceable.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: April 10, 2024, Case #: 2:22cv4318, NOS: Other Contract - Contract, Categories: Arbitration, Consumer Law, Contract
J. Marbley grants, in part, GM's motion for summary judgment on a warranty claim, ruling that although the car owner was forced to take his vehicle to a service center on multiple occasions because of the "shifter issue," he was provided a rental car free of charge or waited for repairs to be made and, therefore, cannot establish damages for loss of use under the Magnuson-Moss Warranty Act.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 25, 2024, Case #: 2:21cv924, NOS: Other Contract - Contract, Categories: Vehicle, Damages, Warranty
J. Marbley grants the insurer's motion for judgment on the administrative record, ruling that while the employee's health has suffered as a result of "long Covid-19," evidence in the record indicates she was able to job on a semi-daily basis and was cleared to return to work by a physician, which is sufficient to support the denial of long-term disability benefits.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 25, 2024, Case #: 2:22cv3118, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Evidence, Insurance
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J. Marbley denies the oil and gas drilling company's motion to dismiss, ruling that because the declaratory judgment claim made by the property owner regarding the geologic nature of formations below the Utica shale layer would solve the majority of the parties' dispute, it will proceed.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 18, 2024, Case #: 2:22cv3943, NOS: Torts to Land - Real Property, Categories: Energy, Property, Conversion
J. Marbley denies the university's motion for summary judgment, ruling the black professor's EEOC complaints and internal communications about false allegations of sexual assault were protected activity under Title VII and establish a causal link to his termination that allows his retaliation claim to proceed. The university claims it fired the professor after the results of its investigation validated the sexual assault claims, but because the Faculty Senate Hearing Committee disputed this result on two occasions and found the investigation "troubling," the professor has made a prima facie showing of pretext.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 18, 2024, Case #: 2:22cv2028, NOS: Employment - Civil Rights, Categories: Education, Evidence, Employment Retaliation
J. Marbley grants the buyer's motion for judgment on the pleadings, ruling that its inability to obtain sufficient electrical power to supply the commercial property gave it a legitimate reason to terminate the contract prior to closing and allow it to recover the $300,000 in earnest money, which must be returned by the seller.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 18, 2024, Case #: 2:22cv4280, NOS: Other Contract - Contract, Categories: Real Estate, Damages, Contract
J. Marbley denies, in part, the farm owner's motion to dismiss certain affirmative defenses, ruling the insurer's contributory negligence defenses do not relate to fraud on the part of the owner and, therefore, do not require a heightened level or particularity at this stage of proceedings.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 15, 2024, Case #: 2:22cv4458, NOS: Insurance - Contract, Categories: Insurance, Contract
[Consolidated.] J. Marbley grants the private equity company's motion to dismiss, ruling that because it is based in Florida and had no connection to the solar power company based in Ohio other than an initial 25 percent investment in the company, this court lacks jurisdiction over the claims brought against it. Meanwhile, because there is no evidence of coercion or deception on the part of the solar power company as it relates to the arbitration provision found in the customers' contracts, the solar company's motion to dismiss and compel arbitration is also granted.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 11, 2024, Case #: 1:22cv721, NOS: Other Contract - Contract, Categories: Arbitration, Jurisdiction, Contract
J. Marbley grants, in part, the employer's motion for judgment on the pleadings, ruling the employee's claim for liquidated damages under the Fair Labor Standards Act is barred because the underlying liability regarding overtime pay is disputed by the employer.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: February 20, 2024, Case #: 2:23cv1874, NOS: Fair Labor Standards Act - Labor, Categories: Damages, Employment Retaliation, Labor
J. Marbley grants the internet trade association's motion for a preliminary injunction, ruling it is likely to succeed on the merits of its First Amendment claims against the state of Ohio regarding enforcement of its law to prohibit minors under the age of 16 from registering social media accounts without parental consent. It is a content-based restriction of speech that infringes on minors' free speech rights in an extremely broad fashion. Although protecting children from harmful content and reducing the likelihood of mental health issues are compelling interests, the social media ban is "a breathtakingly blunt instrument" to accomplish such goals and is also likely void for vagueness under the Fourteenth Amendment.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: February 12, 2024, Case #: 2:24cv47, NOS: Constitutionality of State Statutes - Other Suits, Categories: Government, First Amendment, Injunction
J. Marbley grants the background check agency's motion to dismiss the consumer's class action allegations, ruling her experience involving inaccurate information sent to a potential employer is insufficient to prove, even at this early stage in litigation, the agency failed to implement proper standards when publishing background information.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: January 16, 2024, Case #: 2:22cv2375, NOS: Consumer Credit - Other Suits, Categories: Consumer Law, Class Action
J. Marbley denies, in part, the city's motion for summary judgment, ruling the detainee's Fourth Amendment excessive force claim must be submitted to a jury. There are issues of fact regarding whether the officers' decision to drag the detainee into the street was reasonable given the innocuous nature of her alleged offense - spitting in the direction of one of the officers.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: January 10, 2024, Case #: 2:22cv1831, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, First Amendment
J. Marbley grants, in part, the union's motion for default judgment, ruling the member's failure to respond to any allegations of delinquent contributions entitles the union to an amount of damages that will be determined by an audit, as well as more than $3,000 in attorney fees.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: November 20, 2023, Case #: 2:22cv2799, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Attorney Fees, Labor / Unions
J. Marbley denies the private fire department's motion for judgment on the pleadings, ruling it is not entitled to governmental immunity because its contract with a local municipality had expired at the time it responded to the fire and the firefighter who ran over the homeowners was not responding to or extinguishing a fire at the time of the accident. Additionally, there are issues of fact as to whether the firefighter's actions were reckless, which would also deprive him of immunity; therefore, judgment is not warranted at this stage of the litigation.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: November 14, 2023, Case #: 2:23cv1353, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Immunity, Wrongful Death
J. Marbley grants the parties' joint motion for approval of the class action settlement, ruling the award to each class member of the difference between the cash value of their damaged vehicle and the amount paid by State Farm on their insurance claim will provide fair compensation. Meanwhile, the highly skilled attorneys who represented the class are entitled to the full amount of attorney fees requested and will be awarded $900,000.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: October 25, 2023, Case #: 2:21cv5867, NOS: Insurance - Contract, Categories: Insurance, Settlements, Class Action
J. Marbley grants the capital investment firm's motion to dismiss, ruling that while it was the main financer of the startup loan company, there is no evidence it counseled executives on what financial disclosures to make before the startup's stock price plummeted; therefore, it cannot be held liable for any securities violations. Meanwhile, statements made by the startup company about the efficacy and advantages given by its proprietary AI model are objectively verifiable through metrics put forth by the class of investors in its complaint; therefore, the securities claims related to those misstatements will not be dismissed.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: September 29, 2023, Case #: 2:22cv2935, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Class Action
J. Marbley denies, in part, the community college's motion to dismiss, ruling while this court's previous injunction required it to make payments to the educational course developer for administrative costs and profit-sharing, it did not moot the contract claim in its entirety because the developer also seeks declaratory relief.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: September 25, 2023, Case #: 2:22cv2653, NOS: Other Contract - Contract, Categories: Education, Contract, Injunction
J. Marbley denies, in part, the hotels' motion to dismiss, ruling allegations in the complaint filed by the sex-trafficking victim are sufficient to confer direct liability on both the parent company and the franchisors. The complaint alleges the businesses worked together as part of a joint venture and were either aware or should have been aware of trafficking that occurred at their properties.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: September 12, 2023, Case #: 2:22cv3202, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Negligence
J. Marbley grants the exotic dancers' motion for class certification, ruling that while the tenant agreements signed by the dancers at different clubs may not be identical, they were all subject to similar employment conditions that required them to pay rent to the clubs as a condition of their employment, which satisfies commonality requirements.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: September 6, 2023, Case #: 2:15cv2883, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, Class Action, Labor
J. Marbley denies in part the employer's motion to dismiss, ruling that questions of fact preclude dismissal of the disability discrimination claim, including whether the employee suffering from depression properly requested an accommodation under the ADA and whether, with a certain amount of treatment, he would have been able to return to his position was "otherwise qualified" for the job.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: August 30, 2023, Case #: 1:21cv409, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Marbley grants the parties' motion for approval of their settlement, ruling evidence produced during discovery, including payroll records from the towing company, indicates the former employees are likely to succeed on their fair labor claims, which makes the proposed payments for overtime reasonable and likely to conclude the dispute.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: August 29, 2023, Case #: 2:22cv1948, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Labor