Dan Aaron Polster

United States District Court for the Northern District of Ohio district Appointed by Bill Clinton (Democratic) 15 signed orders read

Motion outcomes

Counted from classified signed orders only. Percentages are shown only where the sample is large enough to be meaningful; smaller samples are reported as raw counts.

Summary judgment
N = 8
Granted: 2Denied: 6 counts only
Motions to dismiss
N = 4
Granted: 1Granted in part: 1Denied: 2 counts only
Compassionate release
N = 2
Denied: 2 counts only
Motion to compel arbitration
N = 1
Granted: 1 counts only
Judgment on pleadings
N = 1
Granted in part: 1 counts only

A "1 of 1" is one ruling, not a tendency. Treat small samples as illustrative, not predictive.

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

In re National Prescription Opiate Litigation (Track One: Janssen / Johnson & Johnson)
Summary judgment (defendant) Denied

“For the reasons stated above, the Court DENIES Defendants Janssen Pharmaceuticals, Inc. and Johnson and Johnson's ("J&J's") Motion for Summary Judgment (Doc. #: 1919).”

In re National Prescription Opiate Litigation (Track One: Henry Schein / Small Distributors)
Summary judgment (defendant) Denied

“In light of the evidence with respect to shipments to Dr. Heim, the Court is unable to conclude that no reasonable jury could find that Schein's market activities were de minimis. ... Accordingly, the Motion is DENIED.”

In re National Prescription Opiate Litigation (Track One-B: CVS)
Summary judgment (defendant) Denied

“Before the Court is CVS's Motion for Summary Judgment (Doc. #: 1888). For the reasons set forth below, the Motion is DENIED.”

In re National Prescription Opiate Litigation (Track One-B: Rite Aid)
Summary judgment (defendant) Denied

“Before the Court is Rite Aid's Motion for Summary Judgment (Doc. #: 1888). For the reasons set forth below, the Motion is DENIED.”

In re National Prescription Opiate Litigation (West Boca Medical Center v. AmerisourceBergen, et al.)
Motions to dismiss (defendant) Granted in part

“Defendants' Motions to Dismiss are DENIED with respect to Counts I (RICO § 1962(c)); II (RICO § 1962(d)); III (FDUTPA); IV (Misleading Advertising); VI (Negligence); VII (Wanton Negligence); XI (Nuisance); and XII (Unjust Enrichment). Defendants' Motions to Dismiss are GRANTED with respect to Counts II (RICO § 1962(a)); V (Breach of Implied Warranty); VIII (Negligence Per Se); IX (Negligent Marketing); and X (Negligent Distribution).”

In re National Prescription Opiate Litigation (Track Three: Lake & Trumbull Counties, Ohio v. Purdue Pharma, et al.)
Motions to dismiss (defendant) Denied

“The Pharmacy Defendants have not shown Plaintiffs failed to state a claim for which relief can be granted. Accordingly, Pharmacy Defendants' Motion to Dismiss (Doc. #: 3177) is DENIED.”

United States v. Dwayne Oliver
Compassionate release (defendant) Denied

“The Court finds that Oliver failed to identify extraordinary and compelling reasons under 18 U.S.C. § 3582(c)(1)(A) to warrant compassionate release and the § 3553(a) factors weigh heavily against Oliver's requested relief. Accordingly, the Court DENIES Oliver's motion for compassionate release.”

Millennia Housing Mgmt., et al. v. U.S. Department of Housing and Urban Development, et al.
Summary judgment (defendant) Granted

“As there are no disputed material facts, see ECF 17, and based on the foregoing, the Court GRANTS summary judgment in favor of the Government on all claims.”

Bryan J. Pesta v. Laura Bloomberg, et al. (Cleveland State University)
Summary judgment (defendant) Granted

“Because there are no genuine disputes of material fact on Counts I and II of Pesta's amended complaint, the Court GRANTS summary judgment in favor of Defendants (ECF Doc. 47) and DENIES summary judgment in favor of Plaintiff on those claims.”

Summary judgment (plaintiff) Denied

“the Court DENIES Plaintiff's motion for summary judgment (ECF Doc. 44) and GRANTS Defendants' motion for summary judgment on Counts I and II.”

Colfor Manufacturing, Inc., et al. v. Macrodyne Technologies, Inc., et al.
Summary judgment (defendant) Denied

“Based on the foregoing, the Court DENIES Bosch's motion for summary judgement without prejudice.”

Paul Lundholm, et al. v. CrossCountry Mortgage, LLC
Motion to compel arbitration (defendant) Granted

“For the reasons stated herein, Defendant's motion to compel arbitration and dismiss is GRANTED. This matter is dismissed without prejudice. Plaintiffs may pursue arbitration as required by their employment agreements.”

Danny Montgomery v. Adam Gove, et al. (Sedgwick Claims Mgmt.)
Motions to dismiss (defendant) Granted

“Defendant Sedgwick Claims Management's motion to dismiss is GRANTED. ECF Doc. 11. Plaintiff's FMLA interference claim (Count I) against Sedgwick is dismissed with prejudice; plaintiff's aiding and abetting discrimination claim (Count VI) is dismissed without prejudice.”

Caseload & timing

From public federal docket records for this judge.

Median case duration in the sampled dockets: 130 days (N = 6).

Enumerated from assigned_judge='Dan A. Polster' (filed 2019-2022 window). As a senior judge his direct docket is broad: opioid MDL member 'op' cases (BCBS Louisiana v. Insys, Erie County Med Ctr v. Teva, Hartman v. Sackler, LA County v. CVS), federal criminal (US v. Pena-Vazquez, Bianca, Odubajo, Paige), FLSA (Mills v. Mount Royal Villa), diversity contract (J.M. Smucker v. Carat USA, Davis v. Tech Credit Union), trade secrets (SAP America v. Paragon), employment (Pearson v. EMH ADA; Frasier v. CMHA FMLA; Wilson v. Dollar Tree), §2241 habeas (Brown v. Garza), and US-defendant suits (Garber, Horton, Jackson, Adams). No referred magistrate observed on these rows; random-referral magistrates named at assignment include Jonathan D. Greenberg and Jennifer Dowdell Armstrong.