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Ross, Brittain & Schonberg Case Summaries

Employment

Memmer v. Indalex, Inc., 2007 U.S. Dist. LEXIS 9882 (N.D. Ohio Feb. 12, 2007): Summary judgment granted on FMLA interference and retaliation claims.

Curtis v. Dixon Ticonderoga Co., 2005 U.S. Dist. LEXIS 10272 (N.D. Ohio May 26, 2005): Summary judgment granted on disability discrimination claim.

Hogan v. Kokosing Constr. Co., 486 Fed. Appx. 592 (6th Cir. Ohio 2012): Grant of summary judgment upheld on a hybrid breach of the duty of fair representation and retaliation claims.

Frisby v. Keith D. Weiner & Assocs. Co., LPA, 669 F. Supp. 2d 863 (N.D. Ohio 2009): the Court held that there is no private cause of action under the FLSA’s recordkeeping requirements.

McQuain v. Ebner Furnaces, Inc., 55 F. Supp. 2d 763 (N.D. Ohio 1999): Summary judgment granted on disability and FMLA claims.

Hedrick v. Honeywell, Inc., 796 F. Supp. 293 (S.D. Ohio 1992): Summary judgment granted on sex discrimination claim and successfully precluded motion to amend complaint.

Parrot v. A.R.E., Inc., 2006-Ohio-4527 (Ohio Ct. App., Stark County Aug. 28, 2006): Summary judgment granted on age and disability discrimination claims. 

Labor

Local No. 7 Bricklayers & Allied Craftworkers v. Knoch Corp., 2012 U.S. Dist. LEXIS 24289 (N.D. Ohio Feb. 24, 2012) Motion to dismiss granted in favor of employer over joint check agreement with labor union for lack of jurisdiction under 301 LMRA.

NLRB v. Alcon Fabricators, 1997 U.S. App. LEXIS 10646 (6th Cir. May 6, 1997) Court of Appeals denied enforcement of NLRB decision that employer unlawfully withdrew recognition of union.

N. Ohio Chapter of Assoc. Builders & Contrs., Inc. v. MetroHealth Sys., 280 Fed. Appx. 464 (6th Cir. Ohio 2008) Court dismissed action as moot as defendant’s voluntarily agreed to stop using unlawful project labor agreements on public projects.

Spero Elec. Corp. v. IBEW, Local Union No. 1377, 439 F.3d 324 (6th Cir. Ohio 2006) Court reversed decision of an arbitrator regarding employer’s ability to unilaterally change its work rules.

Northwestern Ohio Adm'rs, Inc. v. Walcher & Fox, Inc., 270 F.3d 1018 (6th Cir. Ohio 2001) Court held contractor could maintain an action against union and its agents for fraudulent misrepresentation regarding project labor agreement.

Occupational Safety and Health Act

Chao v. Greenleaf Motor Express, Inc., 262 Fed. Appx. 716 (6th Cir. 2008) OSHA Matter, Court affirmed denial of willful allegations against employer.

Prevailing Wage

Northwestern Ohio Bldg. & Constr. Trades Council v. Ottawa County Improvement Corp., 122 Ohio St. 3d 283 (Ohio 2009) Ohio Supreme Court held that Ohio wage laws do not apply to private projects funded by public money.

Sheet Metal Workers' Int'l Ass'n v. Gene's Refrigeration, Heating & Air Conditioning, Inc., 122 Ohio St. 3d 248 (Ohio 2009) Ohio Supreme Court held offsite work is not subject to Ohio’s prevailing wage law.

United Bhd. of Carpenters & Joiners of America v. Fitzenrider, Inc., 2012-Ohio-4653 (Ohio Ct. App., Henry County Oct. 9, 2012) Court affirmed alternative method for calculating fringe benefits under Ohio’s prevailing wage law.

Enertech Elec., Inc. v. Ashtabula Area City Sch. Dist. Bd. of Educ., 2010-Ohio-2815 (Ohio Ct. App., Ashtabula County June 18, 2010)  Court held contractor and trade association had standing to challenge the application of prevailing wage requirements on a school project.

Vaughn Indus. v. Dimech Servs., 167 Ohio App. 3d 634 (Ohio Ct. App., Wood County 2006) Court affirmed that, under Ohio’s prevailing wage law, apprentice to journey man ratio is a jobsite ratio, not a company-wide ratio.

Worker’s Compensation

Tri-Arch, Inc. v. Koback, 2002-Ohio-3254 (Ohio Ct. App., Franklin County June 25, 2002) Addresses Injured Worker’s ability to file a “supplemental” VSSR within two-year VSSR statute of limitation.

Yoh v. Schlachter, 2000 Ohio App. LEXIS 1057 (Ohio Ct. App., Williams County Mar. 17, 2000) Addresses constitutionality of Ohio’s original workers’ compensation subrogation statute.

Kokitka v. Ford Motor Co., 1993 Ohio App. LEXIS 3660 (Ohio Ct. App., Cuyahoga County July 22, 1993) Addresses issue of Employer’s alleged bad faith in the administration of a self-insured workers’ compensation claim.

Keating v. Classic East, Inc., 2008-Ohio-3740 (Ohio Ct. App., Lake County July 25, 2008) Workers’ compensation death claim.  Addresses defense of frolic and detour.  Summary Judgment upheld. 

Bowden v. Cleveland Hts./University Heights Schs, 2007-Ohio-6804 (Ohio Ct. App., Cuyahoga County Dec. 20, 2007) Summary judgment in workers’ compensation case upheld “special mission” exception to coming and going rule.

State ex rel. Allstate Painting & Contr. Co. v. Smith, 2007-Ohio-843 (Ohio Ct. App., Franklin County Mar. 1, 2007) Addresses Employer’s challenge to VSSR awards based upon conflicting VSSR sections cited.

State ex rel. Shabazz v. Nordstrom, Inc., 2006-Ohio-6652 (Ohio Ct. App., Franklin County Dec. 14, 2006) Addressed workers’ compensation defense of non-work-related altercation. 

Shafer v. Tri-Arch 14, Inc., 2005-Ohio-2845 (Ohio Ct. App., Cuyahoga County June 9, 2005) Workers’ compensation.  Addresses coming and going/assigned parking lot.

Zappola v. OSI Sealants, Inc., 2005-Ohio-2527 (Ohio Ct. App., Lake County May 20, 2005) Intentional Tort.  Summary judgment upheld for the Employer.

State ex rel. Cambridge Home Health Care, Inc. v. Indus. Comm'n of Ohio, 124 Ohio St. 3d 477 (Ohio 2010) Workers’ compensation loss of use award must be based upon a licensed physician’s report, and not on the report of a physical therapist. 

Yoh v. Schlachter, 92 Ohio St. 3d 234 (Ohio 2001) Addresses constitutionality of original workers’ compensation subrogation statute. 

Bullis v. Sun Healthcare Group, 2012-Ohio-2112 (Ohio Ct. App., Miami County May 11, 2012) Intentional Tort – Dismissal for failure to state a claim upheld.

Largent v. Sticker Corp., 2011-Ohio-6094 (Ohio Ct. App., Lake County Nov. 28, 2011) Workers’ compensation death claim – Right of estate to claim workers’ compensation death benefits addressed.

Gilham v. Cambridge Home Health Care, Inc., 2009-Ohio-2842 (Ohio Ct. App., Stark County June 15, 2009) Workers’ compensation – Addresses defense of coming and going rule

Mills v. Tekni-Plex, 2011 U.S. Dist. LEXIS 118470 (N.D. Ohio Oct. 13, 2011)  Intentional Tort

Brown v. Lake Erie Elec. Co., 2010-Ohio-4950 (Ohio Ct. App., Clermont County Oct. 12, 2010) Injured worker ‘s car accident while in a company vehicle and traveling three counties away to a work site was not a compensable claim.

State ex rel. Frusteri v. Shiloh Auto., Inc., 2008-Ohio-296 (Ohio Ct. App., Franklin County Jan. 29, 2008) Court of appeals denied a workers’ compensation claimant’s request for temporary total disability benefits on the basis that that the Industrial Commission of Ohio had correctly adjudicated the issue.

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