37 results for 'judge:"Watson"'.
J. Watson denies, in part, the employer's motion to dismiss, ruling that although the employees who filed suit are undocumented immigrants, they are not precluded from bringing minimum wage claims under the Fair Labor Standards Act. However, the unjust enrichment claims against the individual owners of the employer must be dismissed because there are no allegations the employees performed any work directly for the owners.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 26, 2024, Case #: 2:23cv3540, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Watson denies the newspaper subscribers' motion for class certification, ruling that because the newspaper gave different information concerning subscription length, price and "premium editions," the subscribers cannot satisfy commonality or typicality requirements.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 26, 2024, Case #: 2:19cv4262, NOS: Other Contract - Contract, Categories: Fraud, Consumer Law, Class Action
J. Watson grants the RV buyer's motion to enforce the parties' settlement agreement, ruling the dealer's failure to provide the extended service contract included as part of the settlement is a material breach, even in the absence of bad faith. Although the dealer now uses a new service provider to make repairs to vehicles, the original service contract was an integral part of the settlement and so it must honor its obligation and provide the original contract to the buyer.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 26, 2024, Case #: 2:23cv3568, NOS: Other Statutory Actions - Other Suits, Categories: Settlements, Warranty
J. Watson grants, in part, the seller's motion to dismiss, ruling the contract claim related to the return of the buyer's earnest money must be dismissed because the escrow agent is the party responsible for the return of the down payment, not the seller.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 7, 2024, Case #: 2:23cv3083, NOS: Other Statutory Actions - Other Suits, Categories: Real Estate, Contract
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J. Watson denies the high school basketball coach's motion for summary judgment, ruling the parents' complaints about their daughter's playing time constituted protected speech. They criticized a public official, while the student's college basketball scholarship offer is sufficient to create an issue of fact regarding causation and at least cast doubt on the coach's claim she would have been cut regardless of the parents' complaints.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 6, 2024, Case #: 2:21cv985, NOS: Other Civil Rights - Civil Rights, Categories: Education, First Amendment
J. Watson grants the sheriff's department's motion for summary judgment, ruling that while the term "ho juice" - used by the male officer when talking about the female dispatcher's perfume - may be considered sexist in isolation, it was made to both male and female coworkers and does not prove a discriminatory intent or support the dispatcher's hostile work environment claim. Additionally, there is no indication the male officer struck the dispatcher on the shoulder because she was pregnant or female, and so that incident also cannot be used to support the hostile work environment claim.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 6, 2024, Case #: 2:21cv203, NOS: Employment - Civil Rights, Categories: Employment, Emotional Distress
J. Watson grants the class's motion for final approval of its settlement agreement, ruling it meets all commonality and typicality requirements, while the settlement amount will adequately compensate employees for unpaid overtime and avoid a protracted litigation.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 5, 2024, Case #: 2:20cv2152, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor
J. Watson grants the class's motions for approval of the settlement and for attorney fees, ruling sufficient discovery has been conducted to prove damages for the class members involved in the data breach, while the $120,000 award in attorney fees is supported by documentation and the complexity of the litigation.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 5, 2024, Case #: 2:22cv3499, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Settlements, Attorney Fees, Class Action
J. Watson denies, in part, the employee's motion for summary judgment, ruling that while it is undisputed the delivery driver worked in excess of 40 hours per week on at least one occasion, questions of fact about whether he was an employee or an independent contractor prevent judgment in his favor and preclude the award of any damages.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 4, 2024, Case #: 2:21cv4744, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, Labor
J. Watson grants, in part, the employer's motion for summary judgment, ruling the two-year statute of limitations will apply to all Fair Labor Standards Act claims brought in the lawsuit by the class of delivery drivers because the employer's potential misclassification of the drivers was not willful conduct. Rather, the company's owner testified he was unaware of similar lawsuits filed by Amazon delivery drivers and based the classification on his previous experience as a delivery driver.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: February 29, 2024, Case #: 2:21cv4744, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, Class Action, Labor
J. Watson partially dismisses a school janitor’s claims that the Hawaii education department refused to hire him on a full time basis because he is Black. The department and the individual school staff have sovereign immunity on liability claims. Claims against some of the school staff regarding aiding and abetting discrimination may proceed, as the janitor showed they were directly involved in the decision not to hire him.
Court: USDC Hawaii, Judge: Watson, Filed On: February 16, 2024, Case #: 1:22cv294, NOS: Employment - Civil Rights, Categories: Education, Immunity, Employment Discrimination
J. Watson denies a temporary restraining order and injunction to a man claiming the government has been spying on him with planes, but only partially grants the government dismissal on the self-representing plaintiff’s unreasonable search claims. The man does not provide evidence that these planes he says are surveilling him belong to the military or FBI, disfavoring a temporary restraining order, but the remote possibility that the government is responsible means the complaint is not totally implausible.
Court: USDC Hawaii, Judge: Watson, Filed On: February 14, 2024, Case #: 1:23cv329, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government
J. Watson denies the employer's motion to dismiss, ruling the federal government's 1988 guidance on tipped employees, which established an 80/20 rule to determine whether an individual can be paid a tipped wage, is reasonable and can be applied to the employee's Fair Labor Standards Act claims; therefore, the employees have stated plausible claims under the Act.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: January 2, 2024, Case #: 2:23cv1316, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Watson finds in favor of the alliance in its case against Honolulu challenging an amendment to an ordinance to increase the minimum rental period for a non-resort property from 30 to 90 days, which effectively outlaws rentals of 89 days or less. The ordinance violates a state zoning law restricting counties from passing zoning ordinances that conflict with prior lawful uses. The resulting permanent injunction enjoins the City and County of Honolulu from enforcing the ordinance insofar as it prohibits 30-89 day home rentals in any district on O'ahu.
Court: USDC Hawaii, Judge: Watson, Filed On: December 21, 2023, Case #: 1:22cv247, NOS: Other Civil Rights - Civil Rights, Categories: Government, Property, Zoning
J. Watson declines to dismiss claims brought by parents against the government and its hospital for negligence during the labor and delivery of their daughter, resulting in injury to the child. The parents' claims are timely even though the claims were brought more than two years after the birth. Hospital staff did not inform the parents at the time of the birth that a caesarian delivery should have been performed and only told the parents that the birth was complicated by the child's size and that she would fully recover, so accrual of the claim did not begin until the child was older and the parents noticed the effect of the injuries.
Court: USDC Hawaii, Judge: Watson, Filed On: December 20, 2023, Case #: 1:23cv300, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Government, Medical Malpractice
J. Watson grants the employer's motion for summary judgment, ruling the employee's Title VII retaliation claims fail as a matter of law. Although he engaged in an investigation regarding allegations of sexual assault involving a manager, there was no investigation at the time of his termination and, therefore, he engaged in no protected activity under Title VII.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: December 14, 2023, Case #: 2:20cv1037, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Employment Retaliation
J. Watson grants one of the motions to dismiss filed by a former employee, ruling the district court lacks jurisdiction over Robert Sapio because he has not traveled or communicated with any business in the state of Ohio such that it caused any harm to the parts distribution company. However, because the forum selection clause in each of the other employees' contracts is enforceable based on the distribution company's location in Ohio, the contract and trade secrets claims against those employees will proceed.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: December 14, 2023, Case #: 2:22cv4049, NOS: Other Contract - Contract, Categories: Trade Secrets, Jurisdiction, Contract
J. Watson dismisses the suing skydiving company’s complaint that the skydiving companies it’s suing are infringing on its trademark by using the term “skydive Hawaii” and similar phrasing in their advertisements and websites. Usage of these phrases is fair use, as the words are fairly common and are obvious descriptions of the companies’ services and location, not a distinctive mark.
Court: USDC Hawaii, Judge: Watson, Filed On: November 22, 2023, Case #: 1:23cv292, NOS: Trademark - Property Rights, Categories: Trademark, Business Practices
J. Watson dismisses a complaint by a group of voters against the Hawaii Republican Party, the state office of elections, attorneys and judges. The voters’ claims that the party interfered with the results of the 2022 primary elections and that the state courts did not properly hear that claim should have been appealed in the original courts and the federal court does not have jurisdiction.
Court: USDC Hawaii, Judge: Watson, Filed On: November 21, 2023, Case #: 1:23cv370, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections, Government
J Watson dismisses liability claims against Honolulu and several of its police officers for their involvement in removing an evicted tenant from a rental unit. The evicted tenant did not argue against the officer’s qualified immunity as they did not violate any of the tenant’s constitutional rights. The city also similarly dodges claims of negligent hiring and training, without any opposition by the tenant. Fair Housing Act claims against the landlords and the officers remain.
Court: USDC Hawaii, Judge: Watson, Filed On: November 13, 2023, Case #: 1:22cv491, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Housing, Police Misconduct
J. Watson denies both parties' motions for summary judgment, ruling that while the tax-exempt organization has standing to pursue First Amendment claims against the IRS for disclosure requirements related to personal information of donors, issues of fact remain as to whether the disclosure requirements are part of the federal government's legitimate need to enforce tax compliance regulations.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: November 9, 2023, Case #: 2:22cv4297, NOS: Other Statutory Actions - Other Suits, Categories: Government, Tax, First Amendment
J. Watson partially denies an engineering company's motion to dismiss contract claims for design and construction work associated with a transit project. The engineering company properly alleged quantum meruit, detrimental reliance, and unjust enrichment claims, as the parties' agreement may allow alternatives to its breach of contract claims.
Court: USDC Hawaii, Judge: Watson, Filed On: September 15, 2023, Case #: 1:23cv279, NOS: Other Contract - Contract, Categories: Construction, Contract
J. Watson grants, in part, the HVAC system manufacturers' motion for summary judgment, ruling the lack of evidence of a warranty requires dismissal of that claim, while the negligence claims related to production and installation of the defective system are abrogated by the product liability claims because they are based on the same set of allegations. Meanwhile, the maker of the capacitor is entitled to judgment on all claims against it under the component parts doctrine because there is no allegation the capacitor was defective or that the maker had any role in its installation in the defective system.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: September 6, 2023, Case #: 2:20cv4880, NOS: Contract Product Liability - Contract, Categories: Negligence, Product Liability