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Civil Rights: Americans with Disabilities - Employment | Ohio Southern
Order on Motion for Summary Judgment
OPINION AND ORDER: The Court GRANTS IN PART and DENIES IN PART Defendant's Motion for Summary Judgment (Doc. 18). The Court grants Norfolk Southern's request for summary judgment as to Kyle's disability-discrimination claim but denies summary judgment as to his failure to accommodate claim under the ADA and Ohio Revised Code § 4112.02. The Court will set this matter for telephonic conference by separate entry. Signed by Judge Jeffery P. Hopkins on 9/30/2026. (kmc)
Civil Rights: Jobs | Ohio Southern
Order on Motion for Summary Judgment Order on Motion for Partial Summary Judgment
ORDER AND OPINION: 1. Defendant Kelly Phelps's Motion for Summary Judgment (Doc. 63 ) is DENIED; 2. Plaintiff Bruce Erikson's Motion for Partial Summary Judgment (Doc. 64 ) is DENIED; 3. Defendant Eva Marie Witt's Motion for Summary Judgment (Doc. 65 ) is GRANTED; 4. Defendant Xavier University's Motion for Summary Judgment (Doc. 67 ) is GRANTED IN PART AND DENIED IN PART; 5. Summary judgment is ENTERED in favor of Defendant Eva Marie Witt on Plaintiff Bruce Erikson's defamation claim against Witt; 6. Summary judgment is ENTERED in favor of Defendant Xavier University on Plaintiff Bruce Erikson's Title VII and Title IX claims against it; and 7. Plaintiff Bruce Erikson's defamation claim against Defendant Kelly Phelps and his breach of contract claim against Defendant Xavier University SHALL PROCEED. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 09/28/2026. (kaf)
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