Benita Yalonda Pearson — judge journal: record, career & affiliations — IJR

Benita Yalonda Pearson — judge journal: record, career & affiliations — IJR

Decision record

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Villanueva v. Barcroft
District Court, N.D. Ohio · 2011-09-30 · cited 14×
This case arose from plaintiff Bertha Villanueva's lawsuit against defendants including Martin York and others, alleging breach of contract, fraud, unjust enrichment, and related claims stemming from an investment in a collateral mortgage obligation program that required wiring funds to an escrow agent. The defendants moved to dismiss for lack of personal jurisdiction, improper venue, or alternatively to transfer venue, citing a forum selection clause in the escrow and profit agreements. The court granted the motion to dismiss without prejudice, holding that the clause was applicable and binding, which rendered venue in the Northern District of Ohio improper and directed resolution of disputes in Michigan. This decision made rulings on the plaintiff's partial summary judgment motion, the motion to withhold ruling, and the motion for default judgment unnecessary, so those were denied without prejudice.
business & regulatoryprocedure
McGowan v. McDermott
District Court, N.D. Ohio · 2011-03-04 · cited 3×
In McGowan v. McDermott, a married couple with above-median income filed a voluntary Chapter 7 bankruptcy petition seeking discharge of unsecured debts, but the U.S. Trustee moved to dismiss the case as abusive under 11 U.S.C. § 707(b)(3)(B). The bankruptcy court held an evidentiary hearing and dismissed the petition, finding that the totality of the debtors' financial circumstances indicated abuse, based on their ability to repay some unsecured creditors, impermissible prioritization of adult children's college and student loan expenses, and an excessively high mortgage payment. On appeal, the district court reviewed the bankruptcy court's factual findings for clear error and legal conclusions de novo, then affirmed the dismissal order. The court adopted the bankruptcy court's reasoning that the debtors could not favor certain expenses over general unsecured creditors under the totality-of-circumstances test when no presumption of abuse arose under the means test.
business & regulatoryprocedure
Walton v. Astrue
District Court, N.D. Ohio · 2011-01-18 · cited 57×
Jack Walton sought judicial review of the Social Security Administration's final decision denying his applications for Disability Insurance Benefits and Supplemental Security Income based on alleged impairments including heart, arm, shoulder, and neck arthritis issues. The district court found that the ALJ's decision was not based on proper legal standards or supported by substantial evidence, particularly regarding evaluation of medical opinions from treating sources and assessment of severe impairments and residual functional capacity. The court reversed and remanded the matter under Sentence Four of 42 U.S.C. § 405(g) for the agency to fully articulate its reasons and reconsider Walton's claims.
healthcareprocedure