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Published: Thursday, December 14, 2017 @ 9:15 AM
— Days after denying motions from Fuyao Glass America and Fuyao founder Cho Tak Wong to dismiss a lawsuit filed against them by a former Fuyao executive, a federal judge has scheduled a pre-trial conference in the suit.
In denying the motions to dismiss, U.S. District Judge Thomas Rose wrote that he found at least some of the claims from former Fuyao executive Dave Burrows “plausible.”
Burrows filed suit against Fuyao and Cho in May this year, alleging breach of contract, defamation and other charges tied to his separation from the company in November 2016.
Burrows and John Gauthier were the two top executives at Fuyao when their employment there ended in November 2016. Gauthier is not part of Burrows’ lawsuit.
Burrows argues that Fuyao convinced him to sell his Cold Stone Creamery franchise and leave a position as an executive with the Dayton Development Coalition “over Burrows’ repeated protestations,” Rose wrote in his decision, which was filed in Dayton’s federal court last week.
Burrows also “claims to have justifiably relied upon Cho and Fuyao’s representation of continued employment and compensation through 2017” as outlined in an employment contract with Fuyao. And Burrows charges that he was terminated without cause or notice.
“The court finds plaintiff Burrows’ claims plausible, thus defendants’ motions to dismiss are denied,” Rose wrote.
The judge also called the employment contract’s language was “clear and unambiguous as it pertains” to how much Burrows was supposed to get paid — “annual compensation minimum is guaranteed at $278,000.”
“This clear and unambiguous language also shows that the compensation amount as guaranteed through 2017 and pro-rated for 2015,” wrote Rose.
The judge also said Burrows has “sufficiently pleaded the necessary elements of defamation against defendants Fuyao and Cho.”
A pre-trial conference in the suit is set for 10:30 a.m. Jan. 25, 2018.
Rose considered motions from both defendants, auto glass maker Fuyao Glass America, which has about 2,000 employees in Moraine, and Cho, a Chinese industrialist who bought a former General Motors plant in 2014 to build the company.
Published: Friday, January 19, 2018 @ 12:32 PM
DAYTON — The latest product recalls include a potentially moldy comforter, an unstable bassinette, and snow globes that could potentially cause a fire, according to the Consumer Product Safety Commission.
The Hudson comforters by UGG under recall were sold at Bed Bath & Beyond and may contain mold which could pose a risk of infection or respiratory issues in people with a mold allergy or compromised immune system.
The comforters come in four colors: garnet, navy, grey and oatmeal. They were sold between August 2017 and October 2017.
No injuries have been reported.
If you have one don't use it and return it to the store for a full refund. Call Bed Bath & Beyond at 800-462-3966 for more information.
The Multipro Baby Cradle N Swing bassinet sold on Amazon.com poses a fall and entrapment hazard for babies.
The Consumer Product Safety Commission reports the bassinets fail to meet mandatory federal safety standards.
It is recommended that you take the bassinet apart and throw it away. No injuries have been reported.
Amazon has contacted purchasers and issued full refund gift cards.
If you have one of these products and did not yet receive a refund contact Amazon at 888-280-4331.
Two Coldwater Creek snow globe models pose a fire hazard.
The Consumer Product Safety Commission reports light refraction through the globes may melt or singe things placed near them.
Once incident of damage has been reported.
The Reindeer snow globe has the model number XC7484.
The Vintage charm snow globe contains a silver snowman and has the model number 3WGL120.
They were sold in Coldwater Creek stores and online.
Stop using the snow globes and contact Coldwater Creek at 888-678 5576 to return the product for a full refund.
Fujifilm is recalling some digital camera power adapters because they could shock you.
The adapter plug can break or crack exposing live electrical contacts, according to the Consumer Product Safety Commission.
The AC-5VF power adaptors were sold with six Fujifilm digital camera models in stores and online.
Don't use the adapter and contact Fujifilm at 833-613-1200 for a free replacement.
Published: Friday, January 19, 2018 @ 3:54 PM
— Spectrum customers are reporting service interruptions while attempting to use the Spectrum TV app, the company said on Friday afternoon.
“Spectrum customers are experiencing a service interruption while attempting to use the Spectrum TV App. This is causing errors including incorrect login information. Technicians are working diligently to restore the service as soon as possible. We apologize for the inconvenience,” the company said on social media.
The issue was first reported by the company around 1 p.m. on Friday.
Spectrum customers are experiencing a service interruption while attempting to use the Spectrum TV App. This is causing errors including incorrect login information. Technicians are working diligently to restore the service as soon as possible. We apologize for the inconvenience.— Ask Spectrum (@Ask_Spectrum) January 19, 2018
» MUST-READ BUSINESS NEWS: Gander Mountain stores to reopen under new name
Spectrum TV Stream customers can watch select TV content through the Spectrum TV app using Roku, Xbox One, Samsung Smart TV or other compatible mobile device. Spectrum TV Stream customers can also view programming on SpectrumTV.com.
This news organization has reached out to Spectrum to see if any credits will be offered to impacted customers.
FIVE FAST BUSINESS READS
Published: Friday, January 19, 2018 @ 3:51 PM
— The Dayton Area Chamber of Commerce is welcoming new board of trustees members while thanking retiring members.
The new chamber board members are:
Doug Anspach, Leadership Dayton chair and partner in Taft Stettinius & Hollister LLP; Doug Barry, president of BarryStaff Inc.; Randy Domigan, director of Brady Ware; Cindy Gaboury, owner of Audio Etc.; Andy Horner, vice president, University of Dayton; Tami Kirby, of Porter, Wright, Morris & Arthur; Dan McCabe, chair, EPI Foundation; Mary Mierzejewski, chair, Generation Dayton; Anne Marie Singleton, consultant and shareholder, McGohan Brabender; and Steve Tieber, owner of the Dublin Pub
The retiring board members are: Jerad Barnett, of Mills Morgan Development; Niki Chaudhry, Eric Joo, of Schueler Group; Brady Kress, president and CEO of Dayton History; John McCance, McCance Consulting Group, LLC.
The board consists of up to 50 local business leaders who carry out the business of the chamber according to its bylaws. The board meets quarterly in February, May, August and November. Members may serve up to three, two-year terms.
Published: Friday, January 19, 2018 @ 3:09 PM
SEATTLE — The monthly membership fee for Amazon Prime rose Friday from $10.99 to $12.99.
Company officials said the annual membership will remain at $99 dollars.
Monthly customers do not get access to Amazon Video, which costs $8.99 a month.
The last Prime subscription hike came in 2014, when Amazon increased its yearly membership from $79 to $99.