41 results for 'judge:"Morrison"'.
J. Morrison grants the health care provider's motion to dismiss, ruling the orthopedic surgeons fail to establish anti-trust standing. There are at least four other hospitals or employment opportunities in the same area as the health care provider, while the surgeons also established their own surgical facility after they left their positions with the provider, all of which proves the provider does not have a monopoly on the relevant area.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: April 25, 2024, Case #: 2:23cv2145, NOS: Antitrust - Other Suits, Categories: Antitrust, Employment, Health Care
J. Morrison denies the medical provider's motion for summary judgment, ruling undisputed facts show it prevented the claim recovery company from accessing its billing systems following a dispute about the parties' contract, which is sufficient for the breach of contract claim to proceed.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: April 24, 2024, Case #: 2:21cv1501, NOS: Other Contract - Contract, Categories: Evidence, Health Care, Contract
J. Morrison grants the employer's motion for summary judgment, ruling the employee failed to prove any of the reasons given for her termination shortly after she reported patient care concerns were pretextual. The employee told supervisors she did not "want to return to the building" when she lodged her complaints, which could reasonably be interpreted to mean the employee did not want to return to work, while the employee's frequent tardiness and recording of conversations with coworkers also gave the nursing facility a legitimate reason to fire her.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: March 25, 2024, Case #: 2:23cv291, NOS: Other Labor Litigation - Labor, Categories: Evidence, Health Care, Employment Retaliation
J. Morrison grants the policyholder's motion for summary judgment on the interpretation of the deductible provision in its policy with the insurance companies, ruling ambiguous language requires the use of extrinsic evidence and testimony from an individual heavily involved in procuring the policies supports the policyholder's interpretation. Specifically, even though only a single manufacturing facility was damaged by the fire, the business losses of the company must be calculated using losses from all of the facilities, which are interconnected.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: March 14, 2024, Case #: 2:22cv2019, NOS: Insurance - Contract, Categories: Evidence, Insurance, Contract
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J. Morrison denies the ERISA plan administrators' motion for judgment on the administrative record, ruling the employee is entitled to coverage for injuries sustained when he was kicked in the leg by a bull calf. Although there is an exclusion in the policy for injuries sustained while working for another employer, the exclusion did not apply in this case. The employee owns and operates a cattle business; however, the calf that kicked him was being raised for personal consumption - a claim proven by receipts and other testimony - which entitles the employee to medical benefits under the plan.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: February 26, 2024, Case #: 2:22cv1789, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Evidence
J. Morrison grants the employer's motion for summary judgment, ruling the black pharmacist cannot establish a prima facie case for race discrimination. None of the isolated negative comments made by management were racially motivated, while the pharmacy technicians he claims were treated more favorably had entirely different job responsibilities and, therefore, are not similarly situated. Meanwhile, his disability discrimination claims fail because the employer had a legitimate reason to fire him when he failed to meet productivity standards following several previous disciplinary issues.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: February 8, 2024, Case #: 2:21cv4141, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Morrison awards litigant counsel $176,132 in attorney fees and expenses after its client, a female former real estate agent, prevailed on her employment retaliation claim at trial and was awarded $787,000 in damages. The court finds the requested hourly rates and number of hours performed were, for the most part, reasonable, applying only a slight reduction to the hourly rates for one of the team’s associates.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: January 23, 2024, Case #: 2:18cv1390, NOS: Employment - Civil Rights, Categories: Attorney Fees, Employment Retaliation
J. Morrison denies, in part, the advertising firm's motion to dismiss, ruling the videoconferences it conducted with Ohio insurance technology firm and the service of work contracts signed between the companies satisfy Ohio's long-arm statute and give this court jurisdiction over the insurance technology firm's RICO lawsuit. Meanwhile, even though the executive at the insurance firm allegedly devised the sham services scheme, the advertising firm's submission of invoices and wiring of money from its own accounts to the executive's other business entity are sufficient to constitute conduct to establish a RICO claim at this stage.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: January 8, 2024, Case #: 2:23cv512, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Jurisdiction, Racketeering
[Consolidated.] J. Morrison finds for the commissioner of internal revenue in tax liability claims involving an LLC and its members since the parties failed to demonstrate a reasonable cause for failing to timely file an income tax return.
Court: U.S. Tax Court, Judge: Morrison, Filed On: January 8, 2024, Case #: 2024-3, Categories: Civil Procedure, Tax
J. Morrison finds for the commissioner of internal revenue in this tax liability dispute because underpayment had been due to fraud, and the couple is responsible for all deficiencies and associated fraud penalties.
Court: U.S. Tax Court, Judge: Morrison, Filed On: December 13, 2023, Case #: 2023-148, Categories: Fraud, Tax
[Consolidated.] J. Morrison finds that payments made to a trust under the settlement agreement were subject to income tax with an unstated interest of $31 million.
Court: U.S. Tax Court, Judge: Morrison, Filed On: December 4, 2023, Case #: 2023-146, Categories: Tax
J. Morrison grants, in part, the township's motion to dismiss, ruling it is not required under Ohio law to approve every zoning application that meets certain requirements found in its comprehensive plan. Therefore, the landowners have no protected property interest in the re-zoning application and their due process claims fail as a matter of law.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: November 17, 2023, Case #: 2:23cv691, NOS: Other Civil Rights - Civil Rights, Categories: Government, Zoning, Due Process
J. Morrison grants, in part, the news outlet's motion for attorney fees following its successful preliminary injunction motion in its case regarding a county clerk's restriction of public access to newly-filed civil actions, awarding approximately $135,000 in fees. While it is entitled to fees after the success of its preliminary injunction motion, several of the attorneys' rates will be limited to $500 per hour to better reflect reasonable rates in the Columbus, Ohio area, and prefiling fees must also be reduced.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: November 16, 2023, Case #: 2:22cv2471, NOS: Other Civil Rights - Civil Rights, Categories: Government, Attorney Fees, First Amendment
J. Morrison denies, in part, the commission's motion to dismiss, ruling the attorney's allegations of being terminated without warning or cause shortly after she complained of sex discrimination sets forth a plausible claim for age discrimination retaliation. However, the two individual commissioners are entitled to qualified immunity on the attorney's civil rights claims because no state law required them to investigate her claims of discrimination independent of the commission as a whole.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: November 1, 2023, Case #: 2:23cv940, NOS: Employment - Civil Rights, Categories: Government, Immunity, Employment Retaliation
J. Morrison grants the employer's motion for summary judgment, ruling that while the employee claims not every coworker was offended when he wrote "oink, oink" on their lockers as a way to convince them to clean up, the conduct was still a violation of the company's anti-harassment policy and gave it a legitimate reason to fire him.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: October 26, 2023, Case #: 2:22cv2073, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination
J. Morrison finds for the commissioner of internal revenue in due process claims because the court of appeals did not abuse its discretion in determining that the levy balanced tax collection efforts with plaintiff's claims that the process is unnecessarily intrusive.
Court: U.S. Tax Court, Judge: Morrison, Filed On: October 19, 2023, Case #: 2023-125, Categories: Tax
J. Morrison denies the employer's motion for reconsideration, ruling discovery was not required prior to ruling on the employee's motion for conditional class certification, which was supported by sufficient evidence in the complaint.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: October 17, 2023, Case #: 2:22cv4389, NOS: Fair Labor Standards Act - Labor, Categories: Discovery, Class Action, Labor
J. Morrison denies the university's motion for summary judgment, ruling the female professor's comparators create a question of fact as to whether she was treated differently when she signed a contract with a government agency for consulting services, an action for which several male colleagues were never investigated, much less fired.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: October 6, 2023, Case #: 2:19cv4162, NOS: Other Civil Rights - Civil Rights, Categories: Education, Employment Discrimination
J. Morrison preserves class action false advertising claims against the makers of Nordic Naturals-brand vitamins and supplements that allege the product’s brand name, displayed prominently on the products’ packaging, misleads consumers into believing they contain natural ingredients when a substantial number of ingredients are synthetic. The court finds that the use of the name “naturals” could be deceiving to a reasonable consumer.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: September 28, 2023, Case #: 1:22cv3195, NOS: Truth in Lending - Torts - Personal Property, Categories: Consumer Law, Class Action, False Advertising
J. Morrison finds for the commissioner of internal revenue in this tax liability dispute because evidence indicates plaintiff failed to pay by the deadline.
Court: U.S. Tax Court, Judge: Morrison, Filed On: September 26, 2023, Case #: 2023-121, Categories: Tax
J. Morrison issues a preliminary injunction prohibiting RareBreed Triggers, an Texas-based gun parts manufacturer, from selling its FRT-15 forced-reset trigger devices, finding the federal government will most likely succeed on the merits of its claims that the device, which increases the rate of fire on AR-15-style firearms from semi-automatic to automatic, is an illegal machinegun under federal gun laws and that the manufacturer engaged in a conspiracy to deceive its customers by claiming falsely that the product is perfectly legal.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: September 5, 2023, Case #: 1:23cv369, NOS: Other Statutory Actions - Other Suits, Categories: Firearms, Injunction
J. Morrison denies, in part, the lender's motion to dismiss, ruling the borrowers' allegations it failed to provide the proper documents for a loan modification despite knowing the husband had recently divorced his ex-wife and no longer required her signature states a plausible reasonable diligence claim under the Real Estate Settlement Procedures Act.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: August 30, 2023, Case #: 2:23cv484, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Emotional Distress, Banking / Lending