Daily Case Update Archive

As a service to our members, we monitor opinions issued from the Ohio Supreme Court, the Ohio State First District Court of Appeals, and the United States Sixth Circuit Court of Appeals.  You can read the latest summaries or archived summaries from 2005 , 2006 , 2007 , 2008 , 2009 , 2010.

If you would like to receive a daily e-mail with same-day case updates, please join our Subscribers-Only discussion list.  Not a subscriber?  Join today!

March 9, 2005

Today's topics:  affirmative defense against harassment suit, arbitration unenforceable, ERISA "capricious denial", FLSA, hostile work environment, jury instructions, Kentucky Civil Rights Act, obesity disability, restitution, sexual harassment, social security insurance benefits, Title VII, Title IX

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States

Ohio Supreme Court

No opinions.

First District Court of Appeals

[Search Other Ohio Districts]

Cincinnati Metro Housing Auth. v. Beasley (March 9, 2005)
http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2003/C-030951.pdf
*Judgment Entry* The CMHA notifed Beasley that she was being evicted for violating lease, and warned her again 3 days before eviction. Beasley did not leave, so CMHA filed complaint for forcible entry and detainer. A magistrate found that Beasley violated her lease and issued a writ of restitution. Affirmed.

State v. Ford (March 9, 2005)
http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2004/C-040336.pdf
*Judgment Entry* Ford pled guilty to murder and aggravated robbery. He appealed his convictions and sentences, but asserted no errors. The appeals court discussed three possible sources of error. Affirmed.

State v. Mayes (March 9, 2005)
http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2003/C-030874.pdf
*Judgment Entry* Mayes was convicted of misdemeanor resisting arrest, and appealed, arguing evidence was sufficient and conviction was against manifest weight of evidence. Affirmed, finding testimony was sufficient and statutory code provided basis for underlying arrest.

State v. Shears (March 9, 2005)
http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2004/C-040285.pdf
*Judgment Entry* Shears was convicted of aggravated robbery with a firearm at a bench trial. He appealed, arguing state's witnesses were too inconsistent to be believed beyond reasonable doubt. Affirmed.

U.S. Sixth Circuit Court of Appeals:  Ohio Cases

Phillips v. Cohen (March 9, 2005) (Appeal from S.D. Ohio)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0117p-06.pdf
Plaintiffs sued the Department of Defense, alleging race discrimination under Title VII. The magistrate granted summary judgment to the Department of Defense and found 5 plaintiffs lacked standing. Plaintiffs appeal summary judgment, standing, and the handling of their motion for sanctions. Affirmed lack of standing for 4 of 5 plaintiffs, reversed summary judgment, remanded.

Williams v. Paint Valley Local School Dist. (March 9, 2005) (Appeal from S.D. Ohio)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0118p-06.pdf
Williams was molested by his 4th grade teacher. He sued on various negligence grounds, under 42 U.S.C. §§ 1983 and 1985, and Title IX (20 U.S.C. § 1681). The defendant moved for summary judgment, which was granted in part (negligence) and denied in part (§§ 1983, 1985, and Title IX). The district court denied Paint Valley's motion for reconsideration. A jury returned a verdict for Paint Valley, and the court entered a judgment. Williams moved for a new trial and was denied. Williams appealed, arguing that the jury instructions were incorrect. Paint Valley cross-appealed on denial of motion for reconsideration. Affirmed.

 

U.S. Sixth Circuit Court of Appeals: Other States Cases

Clark v. United Parcel Serv. (March 9, 2005) (Appeal from W.D. Ky.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0116p-06.pdf
Plaintiffs Clark and Knoop filed a hostile work environment action, based on sexual harassment, against UPS under the Kentucky Civil Rights Act. The district court granted summary judgment to UPS, finding that there had not been a hostile work environment. Affirmed as to Knoop, but reversed as to Clark, finding that UPS was not entitled to the affirmative defense.

Combs v. Comm'r of Social Security (March 9, 2005) (Appeal from E.D. Ky.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0114p-06.pdf 
Combs sought disability insurance benefits. Her application was denied 3 times and affirmed by an appeals council. Combs sought review in district, asserting that, among other things, a new regulation eliminating the obesity listing should not be applied retroactively to her claim. The district court affirmed the denial of benefits. Reversed district court, vacated Commissioner's finding, and remanded.

Tapucu v. Gonzales (March 9, 2005) (Appeal from Board of Immigration & Naturalization Service (MI)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0119p-06.pdf
Tapucu, a resident alien, was stopped on re-entry from Canada and detained for smuggling because a passenger in the van he was driving did not have appropriate papers to re-enter the US. An immigration judge ordered Tapucu excluded from the US. Vacated and remanded.

Walker v. Ryan's Family Steak Houses, Inc. (March 9, 2005) (Appeal from M.D. Tenn.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0115p-06.pdf
Plaintiffs sued Ryan's for violation of Fair Labor Standards Act (FLSA). Ryan's moved for dismissal, because employees had agreed to arbitration. District court denied motion as unenforceable under Tennesee law. Affirmed.

UNPUBLISHED (Available from the Library)

Nievaard v. City of Ann Arbor (March 7, 2005)(Appeal from E.D. Mich.)
Case No. 03-2340
Nievaard sued the city, claiming she suffered a hostile work environment based on sexual harassment. She complained to the city's human resources department, who investigated, found sexual harassment, and made attempts to remedy the situation, but HR guidance was poorly or not initiated by Nievaard's department. The district court granted summary judgment to the city. Affirmed.

Recker v. Newcourt Credit Group, Inc. (March 3, 2005) (Appeal from E.D. Mich.)
Case No. 02-2354
Recker, chief counsel for AT&T Systems Leasing before it merged with Newcourt, sued the defendant for denying him retirement benefits capriciously, in violation of Employment Retirement Insurance Security Act (ERISA) § 502 and interfered with his right to obtain benefits, § 510. Both parties moved for summary judgment, which the district court converted into motions for entry of judgment on the merits. The district court granted and denied parts of each party's motion, including one of Recker's § 502 claims. The parties stipulated to dismissing the § 510 claim. Reversed in part and affirmed in part, finding that the district court erred in finding denial was capricious.

Daily Case Updates