6 results for 'judge:"Polster"'.
J. Polster grants GameStop's motion to dismiss, ruling that because the terms and conditions of the customer's "pro" rewards membership include a mandatory arbitration clause, his claims regarding certain handling charges that could potentially violate the free shipping advertised in the program must be decided via arbitration.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: April 16, 2024, Case #: 5:23cv1970, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, Fraud, Class Action
J. Polster grants the employer's motion to dismiss and compel arbitration, ruling the employment agreements signed by loan officers require all matters of employment, including Fair Labor Standards Act claims, be decided by an arbitrator. Furthermore, the employer's decision to file state court suits against loan officers for recoupment of sign-on bonuses did not constitute a waiver because the bonuses were governed by separate agreements.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: December 4, 2023, Case #: 1:23cv285, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Employment, Labor
J. Polster grants the Veterans Affairs Department's motion for partial summary judgment, ruling that because the doctor failed to include a constructive discharge claim in his initial EEOC complaint or any evidence of intolerable working conditions that would have led the EEOC to investigate such a claim, he failed to exhaust his administrative remedies.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: October 13, 2023, Case #: 1:23cv507, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment, Health Care
J. Polster denies Kroger's motion to exclude the expert witness's testimony, ruling his opinions on the results of several surveys of Ohio pharmacists - specifically, whether there were concerns about dispensing opioids - are not contradictory. Although he admits there were not specific questions about opioids, the answers about general concerns regarding dispensation of prescriptions indicate concern about the subset of opioid medications at issue in this lawsuit.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: August 18, 2023, Case #: 1:17md2804, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Experts, Class Action
J. Polster denies the faculty and leadership members' motion to dismiss the professor's claims that they initiated an investigation against the professor in retaliation for publishing his article, and that they further violated his First Amendment rights by firing him. The professor sufficiently alleges his First Amendment retaliation claim because although his speech relates to an academic scholarship and he was a state employee at the time, he retained his right to speak and write as a private citizen. Also, the professor plausibly alleges that the faculty and leadership members fired him not because he used unethical and unsound research techniques, but because of his viewpoint.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: July 14, 2023, Case #: 1:23cv546, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Employment, First Amendment
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J. Polster denies, in part, the college's motion for judgment on the pleadings, ruling the male student's Title IX selective enforcement claim may proceed. The complaint includes allegations his accuser was not investigated after she made claims of sexual assault, even though both parties were intoxicated at the time of the incident.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: June 16, 2023, Case #: 1:20cv669, NOS: Education - Civil Rights, Categories: Civil Rights, Education