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Ohio Estoppel Law
 
Johnny Robertson v. Lee Lucas

Plaintiffs-appellants Johnny Robertson, Nolan Lovett, Arrico Spires, Charles Matthews, Marlon Brooks, and Tyron Brown appeal the district court’s grant of summary judgment to defendants-appellees Lee Lucas, Robert Cross, Thomas Verhiley, Jamaal Ansari, Chuck Metcalf, Matt Mayer, and Larry Faith, and the district court’s dismissal of appellants’ claims against Richland County and the City of ... More...   $0 (05-28-2014 - OH)

Nilratan Javery v. Lucent Technologies, Inc.

Plaintiff Nilratan Javery appeals the judgment of the district court in favor of Defendant, Lucent Technologies, Inc. Long Term Disability

1

No. 12-3834 Javery v. Lucent Tech., Inc. Long Term Disability Plan Page 2

Plan for Management or LBA Employees (“the Plan”), denying Plaintiff’s claim for disability benefits under the Employee Retirement Income Security Act (“ERI... More...
   $0 (02-03-2014 - OH)

Duniek A. Christian v. Randell L. Wellington, Warden

No person shall “be subject for the same offense to be twice put in jeopardy of life or limb.” U.S. Const. Am. V. The question in this case is whether the Ohio crimes of felonious assault and complicity to felonious assault are indeed the same offense. Duniek A. Christian brings this petition for a writ of habeas corpus from pretrial custody claiming a violation of the Double

1

N... More...
   $0 (01-07-2014 - OH)

The Ohio Willow Wood Company v. Alps South, LLC

This suit was filed by The Ohio Willow Wood Company (“OWW”) against Alps South, LLC (“Alps”) for infringement of United States Patent No. 5,830,237 (the “’237 patent”). The United States District Court for the Southern District of Ohio granted summary judgment that: (1) OWW was collaterally estopped from challenging the invalidity of claims 1, 2, 4, 15, 16, and 20 of the ’237 paten... More...   $0 (11-15-2013 - OH)

Carol Ann Smith v. Perkins Board of Education

Plaintiff Carol Ann Smith appeals the district court’s grant of summary judgment in favor of her former employer, the Perkins Board of Education, as well as its superintendent and the principal of the middle school at which she was a teacher. Plaintiff alleges that she was terminated on account of her age in violation of Ohio Rev. Code § 4112.14, that she was denied reasonable accommodations an... More...   $0 (02-27-2013 - OH)

City of Columbus v. Hotels.com, L.P.

This case concerns alleged violations of local occupancy-tax laws by various online travel companies. Plaintiffs—cities, townships, and a county in the state of Ohio—sued various online travel companies, asserting that the online travel companies violated local tax laws by failing to pay a transient-occupancy tax on the difference between a contractually agreed-upon “wholesale” room rate, ... More...   $0 (09-11-2012 - OH)

Susan Bouton Schmitt v. Educational Service Center of Cuyahoga County

{¶1} Defendant-appellant, Educational Service Center of Cuyahoga County (“ESC”), appeals from the trial court’s judgment denying its Civ.R. 12(C) motion for judgment on the pleadings. For the reasons that follow, we affirm in part, reverse in part, and remand.

I. Facts and Procedural History

{¶2} Plaintiff-appellee, Susan Bouton Schmitt, filed a complaint against Berea City S... More...
   $0 (05-17-2012 - OH)

{¶ 1} Article IV, Section 3(B)(3) of the Ohio Constitution provides that “[n]o judgment resulting from a trial by jury shall be reversed on the weight of the evidence except by the concurrence of all three judges hearing the cause.” In this case, two judges on the court of appeals panel voted to reverse the judgment on the weight of the evidence but one judge concluded that appellant had waiv... More...   $0 (05-23-2012 - OH)

Barbara Gambill v. Duke Energy Corporation

Following the 2005 merger between Cinergy Corp. and defendant Duke Energy Corporation, plaintiffs Barbara Gambill and Eric French were terminated during a reduction in force. Gambill and French, who were both over fifty years old at the time of their discharge, allege that Duke terminated them because of their age, in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621, ... More...   $0 (01-25-2012 - OH)

In re: William Warren Ingram

William Warren Ingram (the “Debtor”) appeals an order of the bankruptcy court dismissing his chapter 13 bankruptcy case pursuant to 11 U.S.C. § 1307 for failure to complete mandatory prepetition credit counseling prior to filing his petition as required by 11 U.S.C. § 109(h)(1), and the denial of his motion seeking reconsideration of that order. For the reasons that follow, the Panel AFFIRMS... More...   $0 (12-16-2011 - OH)

James Anderson v. Vanderbilt University

Plaintiff James Anderson appeals a district court’s grant of summary judgment to the defendant, Vanderbilt University, on his claims of breach of contract, negligence, and promissory and equitable estoppel. For the following reasons, we affirm. Anderson was an undergraduate student at the University at the time of the events giving rise to this lawsuit. On December 12, 2007, Anderson took a tes... More...   $0 (12-09-2011 - OH)

State of Ohio ex rel. Susan Boggs v. City of Cleveland

Susan Boggs (“Boggs”) and Fouad Rachid (“Rachid”), individually and on behalf of their minor daughter, and Fouad, Inc. (“Fouad”) (Boggs, Rachid, and Fouad, together, the “relators”) appeal the district court’s order dismissing their action on the basis of res judicata in favor of the City of Cleveland (the “City”). For the following reasons, we reverse the district court and ... More...   $0 (08-25-2011 - OH)

Danny L. Gajovski v. Estate of Robert C. Philabaun

{¶1} Appellant, Danny L. Gajovski, Sr., filed a notice of appeal from the October 21, 2009 judgment entry of the Portage County Court of Common Pleas, granting the motion for directed verdict of appellees, Estate of Robert C. Philabaun and Deborah J. Philabaun, d.b.a. Philabaun’s Hidden Cove Resort, on appellant’s breach of contract claim. Although appellant also filed a notice of appeal from... More...   $0 (02-25-2011 - OH)

Charles F. Venneri v. August Homes Co.

{¶1} Plaintiff-Appellant, Charles F. Venneri, d/b/a C.V. Plumbing & Sewer, appeals from the decision of the Lorain County Court of Common Pleas. This Court dismisses.

I

{¶2} Venneri began working as a plumbing subcontractor for August Homes Co. (“August Homes”) in August 2005. Initially, the parties agreed to a base price for plumbing work to be done in each home, which they th... More...
   $0 (02-28-2011 - OH)

Sue Ann Chambers v. Stephen E. Cottrell

{¶ 1} Appellant, Dawn Chambers, appeals from a judgment of the Lucas County Court of Common Pleas granting summary judgment to appellee, Stephen E. Cottrell. For the reasons that follow, we affirm.

{¶ 2} In 2003, appellee, an attorney, was hired to represent Sue Ann Chambers, individually and as guardian of the person and estate of Jerry L. Chambers ("Sue Ann Chambers") in a lawsuit again... More...
   $0 (01-14-2011 - OH)

Meredith Solomon v. Medical Mutual of Ohio

In an action brought pursuant to the Employee Retirement Income Security Act (ERISA), Meredith Solomon sought reimbursement from Medical Mutual of Ohio (MMO) for charges she incurred for treatment of her cocaine addiction. The district court upheld MMO’s benefits determination and granted summary judgment to MMO. Solomon now appeals, arguing that the district court erred by applying arbitrary an... More...   $0 (01-04-2011 - OH)

Robert Berry v. Javitch, Block & Rathbone, L.L.P.

{¶ 1} Today this court must examine the following issue: When parties to a tort claim have executed a settlement agreement and consent judgment entry, may one party subsequently institute a separate cause of action for fraud in the inducement of the settlement agreement without seeking relief from the consent judgment and rescinding the settlement agreement? We answer in the negative and, therefo... More...   $0 (12-02-2010 - OH)

Karen R. Cooper v. Chateau Estate Homes, L.L.C., et al.

{¶1} Plaintiff-appellant, Karen R. Cooper, appeals a decision of the Warren County Court of Common Pleas to compel arbitration and stay the proceedings pending arbitration.1

{¶2} In 2008, appellant became interested in building a home in the Long Cove subdivision in Deerfield Township, Warren County, Ohio. In April 2008, appellant negotiated Warren CA2010-07-061 an agreement to build a cu... More...
   $0 (10-25-2010 - OH)

Riverview Health Institute, L.L.C. v. Medical Mutual of Ohio

Plaintiffs, Riverview Health Institute LLC; Middletown Surgical Associates Inc. d/b/a Surgical Weight Loss Center; and Oak Leaf Health Group LLC d/b/a St. Elizabeth’s Laboratories, appeal an order entered by the district court dismissing Plaintiffs’ claims filed pursuant to the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961, et seq., as reverse preempted by ... More...   $0 (04-07-2010 - OH)

Vita-Mix Corp. v. Basic Holding, Inc.

This case involves alleged infringement by Basic Holding (“Basic”) of a patent and alleged trademark held by Vita-Mix Corporation (“Vita-Mix”). The United States District Court for the Northern District of Ohio granted summary judgment of no direct infringement, no inducement of infringement, no contributory infringement, and no trademark infringement in favor of Basic. The court also gran... More...   $0 (09-16-2009 - OH)

Hidy Motors, Inc. v. Gary Sheaffer

{¶ 1} Defendants, Gary Sheaffer and Jason Sutton, appeal from orders denying their motions for summary judgment and granting partial summary judgment for Plaintiff, Hidy Motors, Inc. (“Hidy”), on Sheaffer and Sutton’s counterclaims arising from their former employment by Hidy.

{¶ 2} Hidy is an automobile dealership. Hidy hired Sheaffer to work as a car salesman in November of 2005. ... More...
   $0 (08-10-2009 - OH)

Teresa O'Brien, et al. v. Ed Donnelly Enterprises, Inc. and Ed Donnelly

These appeals involve two related cases in which former employees of two McDonald's franchises allege that their employer refused to pay the employees the wages that they were due, in violation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 216(b); the corresponding Ohio statute; and other Ohio law. For the reasons that follow, in the Dellarussiani appeal, we affirm the district courtâ... More...   $0 (08-05-2009 - OH)

New Concept Housing, Inc. v. United Department Stores Co., No. 1, Inc.

{¶1} Plaintiffs-appellants, New Concept Housing, Inc., and George B. Stewart (collectively, “New Concept”), appeal the judgments of the Hamilton County Court of Common Pleas in favor of defendants-appellees, United Department Stores Co., No. 1, Inc., (“UDS”), Thomas H. Bergman, and Cohen, Todd, Kite & Stanford, LLP (“Cohen Todd”), in a lawsuit arising from the sale of an apartment com... More...   $0 (06-07-2009 - OH)

Andrew Cunningham v. Interlake Steamship Company

This appeal presents a question of first impression in this circuit concerning the timeliness of a seaman’s suit for maintenance and cure – the federal common law duties of a shipowner to provide food, lodging, and medical care for an employee injured while in the service of his ship. In addition to a maintenance-and-cure claim against defendant Interlake Steamship Company, plaintiff Andrew Cu... More...   $0 (06-02-2009 - OH)

Craig Cowit, et al. v. Cellco Partnership

{¶1} Defendant-appellant/cross-appellee Cellco Partnership, d.b.a. Verizon Wireless (“Verizon”), and plaintiffs-appellees/cross-appellants Craig Cowit, Daniel Statman, Barry Koblenz, and Joseph Gramada (“plaintiffs”) appeal from the trial court’s ruling on plaintiffs’ motion for class certification.

{¶2} Plaintiffs, customers of Verizon, had requested certification of two di... More...
   $0 (04-03-2009 - OH)

Gator Development Corporation v. VHH, Ltd.

{¶1} Plaintiff-appellant the Gator Development Company (“Gator”) appeals the Hamilton County Common Pleas Court’s judgment dismissing several claims and two individual defendants who had been sued in their personal capacity in a multi-claim and multi-party lawsuit involving an agreement for the sale of real property commonly known as Harper’s Point. We conclude that the trial court erred ... More...   $0 (04-17-2009 - OH)

Desalegn Sisay, et al. v. Ricky D. Smith, et al.

The plaintiffs are four taxicab companies and the five individuals who own those companies. All four companies operate in the City of Cleveland (the "City"). In this action, the plaintiffs challenge a determination by the City to award to other cab companies the exclusive right to use the outbound queue at the Cleveland Hopkins International Airport ("Hopkins"). The district court granted a prelim... More...   $0 (02-12-2009 - OH)

Panzie Smith v. Allstate Indemnity Company

Panzie Smith sued Allstate Indemnity Company (“Allstate”) for reimbursement of losses resulting from a house fire. Summary judgment proceedings and a jury verdict favored Allstate. Smith now appeals.

I.

A fire that began in the early morning, subsided, then rekindled several hours later destroyed Panzie Smith’s home on May 7, 2004. Smith immediately alerted her insurer, Allstat... More...
   $0 (12-23-2008 - OH)

Groenveld Transport Efficiency, et al. v. Jan Eisses

Plaintiff corporation Groeneveld Transport Efficiency appeals the district court’s stay of a breach of contract action against former employee Jan Eisses.

The district court temporarily stayed the action after it found that the claim was substantially similar to a parallel action in Ontario, Canada. Because the district court’s ruling was not a final order, we lack jurisdiction to hear ... More...
   $0 (10-20-2008 - OH)

Dennis W. Verhoff v. Time Warner Cable, Inc.

Dennis Verhoff appeals the district court’s
decision to grant defendant Time Warner Cable, Inc.’s motion for summary judgment on his claim
for disability-discrimination under the Americans with Disabilities Act. 42 U.S.C. § 12101. Time
Warner cross-appeals the district court’s decision to grant Verhoff’s motion for summary judgment
on his claim for interference with his ri... More...
   $0 (10-24-2008 - OH)

Dennis W. Verhoff v. Time Warner Cable, Inc.

Dennis Verhoff appeals the district court’s decision to grant defendant Time Warner Cable, Inc.’s motion for summary judgment on his claim for disability-discrimination under the Americans with Disabilities Act. 42 U.S.C. § 12101. Time Warner cross-appeals the district court’s decision to grant Verhoff’s motion for summary judgment on his claim for interference with his rights under the F... More...   $0 (10-24-2008 - OH)

David Bohanan v. Bridgestone/Firestone North American Tire, LLC

Plaintiff-Appellants David and Kathy Bohanan (collectively "the Bohanans") filed this action on February 16, 2006, alleging that Mr. Bohanan had been subject to age discrimination, Ms. Bohanan had been subject to reverse-race discrimination, and both had been retaliated against for reporting workplace harassment in violation of Title VII of the Civil Rights Act of 1965 ("Title VII"), 42 U.S... More...   $0 (01-26-2008 - OH)

International Union v. Dana Corporation

Defendant-Appellant Dana Corporation appeals from an order of the district court granting summary judgment to Plaintiff-Appellee International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America (the "UAW"). In 1999, the UAW filed a claim in federal district court against Dana pursuant to § 301 of the Labor Management Relations Act, 29 U.S.C. § 185(a), t... More...   $0 (01-22-2002 - OH)

Robert Lockett v. John E. Potter, Postmaster General, United States Postal Service

This case involves the appeal of the district court's dismissal of claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a), the Privacy Act, 5 U.S.C. § 552a(g)(1)(C), and the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671-2680, as well as claims of fraud and intentional infliction of emotional distress made by Robert Lockett, Plaintiff-Appellant, against the Unit... More...   $0 (01-16-2008 - OH)

Greer-Burger v. Temesi

{ 1} This is a case of first impression that requires us to weigh the statutory rights of an employee to seek redress for claims of discrimination without retaliation against the constitutional right of an employer to petition the courts for redress after prevailing in the employee's cause of action against him. For the reasons that follow, we hold that an employer is not barred from fili... More...   $0 (12-16-2007 - OH)

Douglas Campbell, et al. v. PMI Food Equipment Group, Inc., et al.

PMI Food Equipment Group, Inc. closed its plant in Dayton, Ohio in 1995 and moved the operation to Piqua, Ohio after signing a tax-abatement agreement with the City of Piqua, Miami County, and the state of Ohio that resulted in favorable tax treatment for 10 years. In the process of closing its Dayton plant, PMI terminated all of the 66 hourly employees who worked there. The hourly workers ... More...   $0 (12-16-2007 - OH)

David E. Daubenmire, Charles S. Spingola and Thomas R. Meyer v. City of Columbus, et al.

David Daubenmire, Thomas Meyer, and Charles Spingola (collectively, "Plaintiffs") appeal from the district court's judgment dismissing their 42 U.S.C. § 1983 claims. Meyer and Spingola allege that the City of Columbus ("City"), Sergeant Michael Piccininni, and Officer Todd Bush1 (collectively, "Defendants") violated their First, Fourth, and Fourteenth Amendment rights in connection with the... More...   $0 (11-26-2007 - OH)

Carla Mutchler v. Dunlap Memorial Hospital, et al.

Plaintiff, Carla Mutchler, appeals the district court's grant of summary judgment to Defendants, Dunlap Memorial Hospital and Kathy Loede, on her claim that Defendants violated the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601 et seq. Plaintiff's appeal rests on two claims: first, that she met the "hours of service" requirement for purposes of FMLA eligibility; and second, that D... More...   $0 (05-08-2007 - OH)

State ex rel. Stacy v. Batavia Local School Distrist Board of Education

{ 1} This is an appeal and cross-appeal from a judgment awarding back pay and benefits in a mandamus action. We affirm in part and reverse in part.

{ 2} From March 1985 through August 21, 1998, appellee and crossappellant Batavia Local School District Board of Education employed appellant and cross-appellee, Dorsie Stacy, as a mechanic, under a continuing contract. During this period,... More...   $0 (07-15-2005 - OH)

Northwoods Condominium Owners’ Association v. Christopher Arnold

A homeowners' association, Northwoods Condominium Owners' Association (the "Association"), filed suit on October 11, 2000, in the court of common pleas, seeking preliminary and permanent injunctive relief against owner-occupier and defendant, Christopher Arnold. The Association demanded that Arnold remove two cats and any other pets from his condominium unit; additionally, the Association praye... More...   $0 (01-17-2002 - OH)

 
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