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NOCO COMPANY,
Plaintiff-Appellee,
v.
OJ COMMERCE, LLC,
Defendant-Appellant. |
No. 21-3488 |
Appeal from the United States District Court for the Northern District of Ohio at Cleveland.
No. 1:19-cv-02298—James S. Gwin, District Judge.
Decided and Filed: May 20, 2022
Before: CLAY, DONALD, and NALBANDIAN, Circuit Judges.
_________________________
OPINION
_________________________
NALBANDIAN, Circuit Judge. NOCO Company manufactures and sells battery chargers
and related products. Although it sells these products itself, NOCO also authorizes resellers if they
sign an agreement. This dispute began when NOCO discovered that OJ Commerce (OJC) was
selling NOCO’s products on Amazon without authorization. NOCO complained to Amazon that
OJC was selling NOCO’s products in violation of Amazon’s policy. And around the same time,
another company also complained to Amazon about OJC. Amazon asked OJC for proof that it
was complying with its policy. But OJC didn’t provide adequate documents and Amazon
temporarily deactivated OJC’s account. Now, OJC blames NOCO. It argues that NOCO
submitted false complaints, and it brings three claims against NOCO: defamation, tortious
interference with a business relationship, and a violation of the Ohio Deceptive Trade Practices
Act.
To succeed on these claims, though, OJC must establish that NOCO was the proximate
cause of its injury. But it can’t do this because three intervening causes broke the causal chain,
relieving NOCO of any liability. Thus, the district court rejected OJC’s claims on summary
judgment, and we AFFIRM. |
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LIVINGSTON EDUCATIONAL SERVICE AGENCY; WAYNEWESTLAND COMMUNITY SCHOOLS,
Plaintiffs-Appellants,
v.
XAVIER BECERRA, in his official capacity as Secretary
of Health and Human Services; U.S. DEPARTMENT OF
HEALTH AND HUMAN SERVICES; JOOYEUN CHANG, in
her official capacity as Assistant Secretary and
Principal Deputy Assistant Secretary of the
Administration for Children and Families;
ADMINISTRATION FOR CHILDREN AND FAMILIES;
BERNADINE FUTRELL, in her official capacity as the
Director of the Office of Head Start,
Defendants-Appellees. |
No. 22-1257 |
On Motion for Injunction Pending Appeal.
United States District Court for the Eastern District of Michigan at Detroit;
No. 2:22-cv-10127—Nancy G. Edmunds, District Judge.
Decided and Filed: May 20, 2022
Before: CLAY, ROGERS, and STRANCH, Circuit Judges.
_________________________
ORDER
_________________________
This case concerns the COVID-19 vaccine mandate for Head Start program staff,
contractors, and volunteers imposed by an interim final rule of the Department of Health and
Human Services (“HHS”). See Vaccine and Mask Requirements To Mitigate the Spread of
COVID-19 in Head Start Programs, 86 Fed. Reg. 68,052 (Nov. 30, 2021). Head Start is a federal
program that funds early childhood education for low-income children and provides other
resources and education to the children’s families. See 42 U.S.C. § 9831. Plaintiffs Livingston
Educational Service Agency and Wayne-Westland Community Schools, both Head Start
grantees in Michigan, brought suit to challenge the interim final rule under the Administrative
Procedure Act, the Congressional Review Act, and several provisions of the United States
Constitution. The district court granted a temporary restraining order (“TRO”) but later denied a
preliminary injunction and dissolved the TRO. Plaintiffs appeal the denial of their motion for a
preliminary injunction. At issue here is plaintiffs’ motion for an injunction pending appeal.
The plaintiffs are not entitled to an injunction pending appeal because the plaintiffs have
not shown that they will likely prevail on the merits, as the district court persuasively explained
in its denial of the plaintiffs’ motion for a preliminary injunction. We adopt the reasoning of the
district court in that respect. See Livingston Educ. Serv. Agency v. Becerra, No. 22-CV-10127,
2022 WL 660793, at *4-8 (E.D. Mich. Mar. 4, 2022). |
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