| Ohio Jury Verdicts, Settlements and Court Decisions |
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Sean McMahon v. Raymond J. Blake and Continental Express Inc.
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Sean McMahon sued Raymond J. Blake and Continental Express, Inc. on a negligence theory claiming that he lost part of his leg as a result of being run over by a semi-tractor trailer owned by Continental and driven by Blake at the Stony Ridge Inn Truck Stop in Lake Township in April, 2002.
The defenses asserted by defendants are not available.... More... $1250000 (10-05-2008 - OH)
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United States of America v. James G. Mitchell and Land Baron Enterprises
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The Justice Department today announced that former Cincinnati landlord, James G. Mitchell, and his company, Land Baron Enterprises, agreed to pay $1 million in monetary damages and a civil penalty, after admitting that they violated the Fair Housing Act (FHA). This is the largest monetary settlement the Department has ever obtained in a case alleging sexual harassment violations under the FHA. ... More... $1000000 (09-04-2008 - OH)
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Red Ferris Chevrolet, Inc. v. Kenneth S. Aylsworth
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{¶1} Appellant, Red Ferris Chevrolet, Inc., appeals from a judgment issued by the Wayne County Court of Common Pleas against appellee, Kenneth S. Aylsworth. This Court affirms.
I.
{¶2} On May 30, 2007, Red Ferris Chevrolet, Inc., (“the dealership”) initiated an action against Kenneth S. Aylsworth, seeking damages in regard to Mr. Aylsworth’s purchase of a 2000 GMC K3500 truck... More... $0 (09-29-2008 - OH)
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Estate of Billy Kritzwiser, et al. v. Paul V. Bonetzky, D.O.
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{¶1} Defendant-Appellant/Cross-Appellee Paul V. Bonetzky, D.O. (“Bonetzky”) appeals from the August 22, 2007 Judgment Entry of the Court of Common Pleas of Logan County, Ohio, rendering judgment against him in the amount of $400,000 plus interest and costs. Bonetzky also appeals from the October 23, 2007 Judgment Entry denying Bonetzky’s motion for a new trial or judgment notwithstanding th... More... $0 (09-29-2008 - OH)
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Timothy Gibson, et al. v. Precision Strip, Inc., et al.
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{¶1} Plaintiffs-appellants, Timothy and Karen Gibson, appeal the decision of the Butler County Court of Common Pleas granting summary judgment to defendant-appellee, Precision Strip, Inc., in an employer intentional tort action.1
{¶2} Precision is a metal processing company which uses a coilmaster wrapper machine ("CoilMaster") in the wrap bay area of its Middletown, Ohio facility. The Co... More... $0 (09-29-2008 - OH)
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Richard P. Bricker v. Board of Education of the Preble Shawnee Local School District
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{¶1} Appellant, Richard P. Bricker, appeals the decision of the Preble County Court of Common Pleas dismissing his claim for damages against appellee, Board of Education of the Preble Shawnee Local School District ("the board"), after finding the board breached its employment contract with appellant. For the reasons that follow, we affirm the trial court's Preble CA2007-10-020 decision.
{Â... More... $0 (09-29-2008 - OH)
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Tim Prinz v. Colleen Breen
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{¶1} The Akron Municipal Court issued a writ of restitution evicting Colleen Breen, entered judgment against her for $7630, and denied her “Motion to Vacate.” Ms. Breen filed a notice of appeal from the order denying her “Motion to Vacate.” She has argued that the trial court incorrectly issued the writ of restitution and incorrectly entered the money judgment against her. This Court over... More... $0 (09-30-2008 - OH)
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Jay E. Calame, et al. v. Lois Treece, et al.
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{¶1} Appellants/Cross-Appellees, Walter and Louise Calame (collectively “the Calames”), appeal from the judgment of the Wayne County Court of Common Pleas, Probate Division. This Court affirms.
I
{¶2} This case revolves around a contest to several documents, consisting of the will, trusts, and a quit-claim deed that Blanche G. Calame executed before her death on January 30, 200... More... $0 (09-30-2008 - OH)
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Virginia Galo v. Carron Asphalt Paving, Inc., et al.
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{¶1} Plaintiff-Appellant, Virginia Galo (“Galo”), appeals the decision of the Lorain County Court of Common Pleas granting summary judgment in favor of Defendant-Appellees Carron Asphalt Paving, (“Carron”) and First Interstate Properties (collectively “Appellees”).
This Court affirms.
I
{¶2} On August 22, 2005, Carron began to grind down asphalt in preparation fo... More... $0 (09-30-2008 - OH)
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Leonard Maynard v. Eaton Corporation
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{¶ 1} The issue presented in this case is whether the amendment to R.C. 1343.03(A) enacted by 2004 Sub.H.B. No. 212 (“H.B. 212”), 150 Ohio Laws, Part III, 3417 (effective June 2, 2004), adjusts the statutory rate of postjudgment interest on a final judgment entered by a trial court, but when the case is pending on appeal on the effective date of the amended statute. We conclude that the amend... More... $0 (09-16-2008 - OH)
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Nancy Hutchings, et al. v. David Childress, et al.
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{¶ 1} The question certified to us by the Fifth District Court of Appeals is:
{¶ 2} “Whether spouses can recover the income lost due to one spouse caring for another or whether they may only recover the cost to hire outside home health care.”
{¶ 3} We hold that part of the injured spouse’s damages against a defendant can include the fair market value of the home health care ... More... $0 (09-12-2008 - OH)
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OHIOANS FOR CONCEALED CARRY, INC., ET AL. v. CITY OF CLYDE
ET AL.
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{¶ 1} The issue presented in this case concerns whether Clyde Ordinance 2004-41, which prohibits licensed handgun owners from carrying concealed handguns in Clyde city parks, is a valid exercise of the municipality’s home-rule power according to Section 3, Article XVIII, of the Ohio Constitution. Because the ordinance is an exercise of the municipality’s police power that conflicts with a gen... More... $0 (09-18-2008 - OH)
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Louis D. Brown, III v. City of Cleveland
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Plaintiff-Appellant Louis D. Brown III (“Brown”) appeals the district court’s grant of summary judgment in favor of Defendant-Appellee City of Cleveland (“Defendant” or “Cleveland”) and the dismissal of his allegations of employment discrimination on the basis of his sex, age, disability, retaliation for the exercise of his rights under the First Amendment, hostile work environment, ... More... $0 (09-23-2008 - OH)
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Sheldon Gordon, et al. v. David Dadante, et al.
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This appeal involves the arbitration rights of H&R Block Financial Advisors, Inc. (HRBFA), a stakeholder-defendant in a complex securities action. In the course of the litigation, HRBFA attempted to arbitrate certain claims relating to the margin debt held in its accounts and moved the district court to issue a stay of this lawsuit pending arbitration. The district court denied the motion to stay,... More... $0 (09-23-2008 - OH)
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Kim Roumeliote v. Long Term Disability Plan for Employees of Worthington Industries, property styled as UNUM Life Insurance Company of America
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Plaintiff Kim Roumeliote filed a complaint for declaratory judgment and damages under the Employment Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001-1461, after she was denied long-term disability benefits under a plan administered by Unum Life Insurance Company of America (“Unum”) and sponsored by her employer, Worthington Industries. The district court granted summa... More... $0 (09-11-2008 - OH)
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Scott Peltz v. Richard Moretti, et al.
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This case stems from an ill-conceived effort to transfer assets to a new corporation in order to shield them from a money judgment. The principal shareholder of both corporations, Richard Moretti, has been found liable for the transfer, and has elected not to appeal. The district court also ruled that the accountant and lawyer for Moretti and his companies participated in a civil conspiracy with M... More... $0 (09-11-2008 - OH)
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Sheldon Gordon, et al. v. David Dadante, et al.
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This appeal involves the arbitration rights of H&R Block Financial Advisors, Inc. (HRBFA), a stakeholder-defendant in a complex securities action. In the course of the litigation, HRBFA attempted to arbitrate certain claims relating to the margin debt held in its accounts and moved the district court to issue a stay of this lawsuit pending arbitration. The district court denied the motion to stay,... More... $0 (09-23-2008 - OH)
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Louis D. Brown, III v. City of Cleveland
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Plaintiff-Appellant Louis D. Brown III (“Brown”) appeals the district court’s grant of summary judgment in favor of Defendant-Appellee City of Cleveland (“Defendant” or “Cleveland”) and the dismissal of his allegations of employment discrimination on the basis of his sex, age, disability, retaliation for the exercise of his rights under the First Amendment, hostile work environment, ... More... $0 (09-25-2008 - OH)
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Mark C. Shaw v. Richard C. Pfeiffer, Jr., et al.
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Mark C. Shaw was fired from his position as a Criminalist for the City of Columbus Division of Police and prosecuted for dereliction of duty. After the criminal charges against him were dismissed, he sued the City pursuant to 42 U.S.C. § 1983 by naming two city employees in their official capacities only. The City filed a motion for summary judgment after the deadline for completion of discovery ... More... $0 (09-25-2008 - OH)
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Rosella Hunt v. Sycamore Community School District Board of Education, et al.
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Rosella Hunt appeals from the district court’s entry of summary judgment against her on her 42 U.S.C. § 1983 claim against the Board of Education of the school district that employed her and the superintendent of that school district, Dr. Karen Mantia, alleging that the defendants violated her right to substantive due process by subjecting her to dangerous working conditions in her job as a tea... More... $0 (09-12-2008 - OH)
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Pearlie Talley v. Family Dollar Stores of Ohio, Inc.; John Parker; Vincent Cowles; and Ric Spring
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The plaintiff, Pearlie Talley, appeals the district court’s grant of summary judgment in favor of the defendants, Family Dollar Stores of Ohio (Family Dollar), John Parker, Vincent Cowles, and Ric Spring, on her claims of discrimination in violation of the Americans with Disabilities Act (ADA) and Ohio’s anti-discrimination statute and her claim for intentional infliction of emotional distress... More... $0 (09-12-2008 - OH)
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Charles Plinton, etc. v. County of Summit, et al.
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Plaintiff Charles Plinton appeals the district court’s grant of summary judgment to defendants the County of Summit (“County”) and police officer Keith Lavery (“Lavery”).1 Plaintiff also appeals the dismissal of his claim for injunctive relief against the University of Akron (“University”), a state university. Plaintiff’s son, Charles Theodore Plinton (“Chuck”), was arrested, t... More... $0 (09-07-2008 - OH)
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Barnes v. University Hospital of Cleveland
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{¶ 1} This discretionary appeal was accepted on the issues of whether a
retired judge who was never elected to the bench, but who served as a judge by
appointment, is eligible to act as a private judge and whether the trial court is
required to analyze the jury’s punitive damage award under BMW of N. Am., Inc.
v. Gore (1996), 517 U.S. 559, 116 S.Ct. 1589, 134 L.Ed.2d 809. We ans... More... $0 (07-09-2008 - OH)
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Environmental Network Corporation, et al. v. Goodman Weiss Miller, L.L.P., et al.
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{¶1} We are asked to determine the quantum of evidence that a plaintiff must produce in order to establish causation in a legal-malpractice case in which the sole theory advanced is that the plaintiff would have received a better outcome if the underlying case had been tried to its conclusion rather than settled.
{¶2} We hold that when a plaintiff premises a legal-malpractice claim on the... More... $0 (08-11-2008 - OH)
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Jodi Schneider v. Franklin County, Ohio, et al.
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Plaintiff Jodi Schneider alleges that her constitutional rights were violated when police officers pulled over the car in which she was riding without probable cause and forced her to exit the vehicle despite an obvious medical injury. The district court denied defendant police officers’ motion for summary judgment on grounds of qualified immunity, and they have filed this interlocutory appeal. ... More... $0 (08-08-2008 - OH)
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Jodi Schneider v. Franklin County, Ohio, et al.
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Plaintiff Jodi Schneider alleges that her constitutional rights were violated when police officers pulled over the car in which she was riding without probable cause and forced her to exit the vehicle despite an obvious medical injury. The district court denied defendant police officers’ motion for summary judgment on grounds of qualified immunity, and they have filed this interlocutory appeal. ... More... $0 (08-05-2008 - OH)
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Melissa Avery v. Joint Township District Memorial Hospital
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Plaintiff Melissa Avery appeals the district court’s order granting summary judgment to Defendant Joint Township District Memorial Hospital on Avery’s claims of wrongful discharge in violation of public policy, intentional infliction of emotional distress, and fraud. For the reasons set forth below, we AFFIRM the decision of the district court.
BACKGROUND
A. Substantive Facts ... More... $0 (07-16-2008 - OH)
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E-Poch Properties, LLC v. TRW Automotive U.S., LLC
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Defendant-appellant E-Poch Properties (“EPoch”) appeals from a judgment, which (1) partially granted TRW Automotive U.S.’s (“TRW”) motion to dismiss, and (2) granted TRW’s motion for summary judgment. E-Poch claims that (1) TRW failed to disclose material facts – facts that it was contractually obligated to disclose – regarding the condition of the purchased property’s roof; (2) ... More... $0 (07-16-2008 - OH)
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Selena Reed v. Arneil Rose, City of Cleveland
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This action, brought under 42 U.S.C. § 1983 and Ohio state law, arises from the fatal shooting of Brandon Robinson by one of two police officers employed by the City of Cleveland. Selena Reed, Robinson’s mother and the administratrix of his estate, claims that the officer who shot and killed Robinson used excessive force and thereby violated his rights under the Fourth and Fourteenth Amendments... More... $0 (07-16-2008 - OH)
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Omran Abdul-Khaliq v. City of Newark, et al.
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Plaintiff-Appellant Omran Abdul-Khaliq appeals the district
court's grant of summary judgment in favor of the defendants in this § 1983 action against the City
of Newark and three individual police officers for selective prosecution, unreasonable seizure,
malicious prosecution, and excessive use of force. Khaliq's claims arise out of an incident during
which three officers arrested Khaliq outs... More... $0 (04-24-2008 - OH)
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Ladawnya K. Carpenter, et al. v. Leslie Wayne Bowling, et al.
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Three City of Franklin (Ohio) police officers argue that the district
court erred in denying their motion for summary judgment with respect to Charles Combs' unlawfularrest
and unlawful-entry claims and Ladawnya Carpenter's excessive-force claim. We affirm.
I.
In July 2002, an Ohio court entered a consent agreement between Sarah Kirby and Charles
Combs concerning the custody of ... More... $0 (05-05-2008 - OH)
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Jill B. Savedoff v. Access Group, Inc.
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In this diversity class action, brought pursuant to the Class Action
Fairness Act, 28 U.S.C. § 1332(d) (2006), Defendant Access Group, Inc. ("Access Group") appeals
the district court's denial of Access Group's motion for summary judgment and its grant of Plaintiff
Jill B. Savedoff's ("Savedoff") motion for partial summary judgment on the issue of liability for
Savedoff's breach of contract cl... More... $0 (05-03-2008 - OH)
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Greater Heights Academy, et al. v. Dr. Susan Tave Zelman, et al.
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This case arises from a 42 U.S.C. § 1983 Fourteenth
Amendment claim filed by two Ohio community schools, Greater Heights Academy and W.C. Cupe
Community School ("Appellants"), against three Ohio public officials, Dr. Susan Tave Zelman,
Ohio Superintendent of Public Instruction, Dr. Paulo A. DeMaria, Associate Superintendent for the
Center for School Finance of the Ohio Department of Education ... More... $0 (04-26-2008 - OH)
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Phyllis May v. Franklin County, Ohio
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Phyllis May sued Franklin County, Ohio individually and on behalf of the estate of her daughter, Deborah Kirk, on a negligence theory for the wrongful death of Deborah who was killed by her boyfriend after she made three 9-1-1 calls asking for police protection. Authorities say 34-year-old Deborah Kirk was strangled and beaten in 1998 by her former boyfriend after a police officer knocked on her ... More... $9700000 (04-25-2008 - OH)
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Paul Medlen; Sally Medlen v. Estate of Myles Meyers; Daimlerchrysler Corp., and The Wackenhut Corp.
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Plaintiffs Paul and Sally Medlen1 appeal a
summary judgment order dismissing their claims of employer intentional tort, negligence, and
common law battery against DaimlerChrysler Corp., Wackenhut Corp., and the Estate of Myles
Meyers ("Estate"), respectively. Because we find no basis for federal jurisdiction, we vacate the
district court's judgment, and remand the case to the district court wi... More... $0 (04-16-2008 - OH)
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Margaret M. Brady v. John E. Potter, Postmaster General; United States Postal Service
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Plaintiff Margaret M. Brady appeals the district court's grant of
summary judgment in favor of defendants Postmaster General and United States Postal Service.
After voluntarily resigning her position with the Postal Service, Brady, who suffers from diabetes,
sued the defendants on the grounds that: (1) they had discriminated against her in violation of the
Rehabilitation Act, and (2) they had ... More... $0 (04-16-2008 - OH)
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Estate of Michael Kelley v. Kelley & Ferraro
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The Estate of Michael Kelley sued Kelley & Ferraro on a number of different legal theories for Kelley's interest in the firm claiming that that interest in the lucrative law practice that he helped build was worth billions of dollars. Michael Kelley died of a heart attack in 2006 on a trip to see Ohio State play in the Fiesta Bowl in Arizona. For nine years, he and law partner Jim Ferraro had earn... More... $4250000 (04-13-2008 - OH)
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Virginia J. Bishop, et al. v. Lucent Technologies, Inc.
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This is an appeal from an order dismissing retirees' claims for
breach of fiduciary duty against their former employer and its employment benefit plan. Plaintiff
retirees allege they were misled into prematurely accepting early retirement. The district court
dismissed the claims as time-barred. On appeal, plaintiffs contend the district court failed to
construe the complaint liberally in their... More... $0 (04-08-2008 - OH)
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Brad Rush v. United Parcel Service
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{1} Appellant, Brad Rush, appeals the judgment of the Medina County
Court of Common Pleas, which granted appellee United Parcel Service's motion
for summary judgment. This Court affirms.
I.
{2} Rush is a driver for United Parcel Service ("UPS") and a member of
the Teamsters union. Certain customers on his delivery route complained to UPS
that Rush was sexually harassing them. Rush ... More... $0 (04-07-2008 - OH)
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Brad Rush v. United Parcel Service
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{1} Appellant, Brad Rush, appeals the judgment of the Medina County
Court of Common Pleas, which granted appellee United Parcel Service's motion
for summary judgment. This Court affirms.
I.
{2} Rush is a driver for United Parcel Service ("UPS") and a member of
the Teamsters union. Certain customers on his delivery route complained to UPS
that Rush was sexually harassing them. Rush ... More... $0 (04-07-2008 - OH)
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