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Michigan’s Kettering University suing Kettering Health University

Published: Wednesday, November 08, 2017 @ 7:21 AM


            Kettering College
Kettering College

Kettering University in Flint, Mich. is suing Kettering Health Network over the planned change of KHN’s school from Kettering College to Kettering Health University.

The lawsuit, filed in Dayton’s U.S. District Court, claims federal trademark infringement. In its complaint, Kettering University claims Kettering Health’s willful, deliberate and intentional effort “to confuse consumers and profit from the goodwill and consumer recognition associated with the well-known “ ‘Kettering University’ mark for educational services.”

The civil lawsuit includes exhibits such as Kettering University’s trademarks and correspondence between the two schools’ presidents. Another exhibit included is an August 2017 Dayton Daily News article which said KHN’s trustees voted to re-brand the college as Kettering Health University starting in January 2018.

RELATED: Kettering College to change name to include ‘university’

The lawsuit seeks to stop the name change, for damages to be trebled and for costs, attorneys’ fees and expenses.

“Consumers have and do conclude that Defendant’s educational services are associated, connected, or affiliated with Kettering University,” the lawsuit claims, noting that both schools offer health care training.

“We don’t have any information to share at this time,” a Kettering Health spokeswoman said Tuesday. The complaint has not yet been answered in court documents.

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An Aug. 23 letter from Kettering University President Robert McMahan to Kettering College President Nate Brandstater said the proposed name change “is most problematic for us.”

McMahan asked Brandstater to “consider an alternative name that sufficiently distances your institution from Kettering University.”

An Oct. 9, 2017 response from Brandstater to McMahan read, in part: “After taking into consideration the information and perspectives in that letter, leadership at Kettering Medical Center proceeded with the plan to register the trade name “Kettering Health University.”

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According to the lawsuit, Kettering University was founded in 1919 as the School of Automotive Trades, changed in 1926 to General Motors Institute and changed again in 1988 to Kettering University, named after inventor Charles Kettering. In 2008, the institution started offering a pre-med program.

Founded in 1967, Kettering Health’s school was named Kettering College of Medical Arts in 1990 and Kettering College in 2010, according to the complaint.

According to its website, Kettering College has more than 800 students and offers certificate programs, two-year associate of science degrees, bachelor degrees, a Master’s Degree in Physician Assistant Studies and an Occupational Therapy Doctorate.

Florida woman, 81, smashes car into McDonald's: 'Glass flew everywhere'

Published: Tuesday, January 23, 2018 @ 1:54 AM

The remnants of a car that smashed into a McDonald’s just west of Boynton. (Photo by Alexandra Seltzer / The Palm Beach Post)
Palm Beach Post Staff Writer
The remnants of a car that smashed into a McDonald’s just west of Boynton. (Photo by Alexandra Seltzer / The Palm Beach Post)(Palm Beach Post Staff Writer)

An 81-year-old woman suffered minor injuries after she lost control of her Toyota Solara and backed into the glass windows of a McDonald’s west of Boynton Beach, Florida, according to the Palm Beach County Sheriff’s Office.

>> Read more Floridoh! stories

The woman will be charged with careless driving, PBSO spokesperson Teri Barbera said Monday.

>> On PalmBeachPost.com: PHOTOS: A history of cars crashing into things in South Florida

The crash happened around 3:30 p.m. at Military Trail and Boynton Beach Boulevard when the woman backed up and inadvertently drove through the window.

“Glass flew everywhere,” said a witness, who said she was drinking a soda inside when the car plowed through the window.

>> Read more trending news 

The witness, who asked not to be identified, said the glass cut her fingers. She said the driver then drove forward and hit her parked Volkswagen. The driver continued about 150 feet and hit a tree next to a canal, Barbera said.

A McDonald’s representative declined to comment. The store and drive-through remain open.

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Flares, not improvised explosive devices, ignited at Florida mall, FBI says

Published: Monday, January 22, 2018 @ 9:33 AM
Updated: Monday, January 22, 2018 @ 1:04 PM

FBI Says Flares Ignited At Florida Mall

 

Lake Wales police are searching for those responsible for igniting two marine flares Sunday evening near the entrance of the JC Penney at the Eagle Ridge Mall Sunday evening.

>> Read more trending news

Firefighters responded to reports of an explosion at the mall on 451 Eagle Ridge Drive around 5:20 p.m.

Firefighters initially said that an improvised explosive device had been detonated in a corridor located next to the mall entrance of JC Penney.

The FBI later determined that there was no explosion and no pipe bombs were discovered. Officials also said that the incident didn’t appear to be terrorism-related.

"It appears two items, believed to be marine flares, were ignited in a mall hallway, creating a large amount of smoke, and a backpack was located at the scene," said Andrea Aprea, an FBI spokeswoman. "Bomb technicians examined the contents of the backpack and determined it did not contain any incendiary or explosive devices."

A witness who called 911 told WFTV that she heard a fire alarm sound and saw orange smoke billowing from an object.

The mall was evacuated. No one was injured, but a ceiling and a wall were damaged by the flares, officials said.

After speaking with witnesses, police said they are looking for a person of interest described as a stocky, middle-aged white man wearing a gray shirt and a hat.

Detectives said they will review surveillance footage recorded at a jewelry store in the mall.

The investigation is ongoing.

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Montgomery County inmate found dead in jail cell

Published: Monday, January 22, 2018 @ 4:45 PM

Dillon Abplanalp, 28, was found dead early Monday in a cell at the Montgomery County Jail. MONTGOMERY COUNTY SHERIFF’S OFFICE
Dillon Abplanalp, 28, was found dead early Monday in a cell at the Montgomery County Jail. MONTGOMERY COUNTY SHERIFF’S OFFICE

An inmate died in the Montgomery County Jail early Monday from undetermined causes, according to the Montgomery County Sheriff’s and Coroner’s offices.

Dillon Abplanalp, 28, was found unresponsive at 4:17 a.m. and could not be revived by Dayton Fire Department EMS crews. He was pronounced dead a short time later by the county coroner, said Maj. Matt Haines, the jail administrator.

Haines said Abplanalp was discovered by a corrections officer during an inmate count and wellness check. The officer called for a supervisor and medical personnel, he said.

MORE: Jail body scanners: What do they see and how do they see it?

The Montgomery County Coroner’s office conducted an autopsy Monday, but a cause and manner of death were not yet determined, a spokesman said. Toxicology results are also pending.

During the last six years, at least five other inmates have died in the jail or in a hospital shortly after being removed from the jail, according to Daily News records.

MORE: Justice in the Jailhouse

Haines said Abplanalp’s death did not appear to be caused by drugs smuggled into the jail, a constant threat that led the jail to recently install a full-body scanner that will soon become operational.

RELATED: Montgomery County Jail body scanner ‘going to be a busy machine’

“I have no reason at this time to believe it was an overdose,” Haines said. “It appears to have been a medical emergency. There may have been multiple factors.”

TRENDING: Lead in Ohio schools: What we know now

Abplanalp was confined in a cell by himself on the first floor, making it unlikely another inmate had a role in the death, Haines said.

“There was nothing in there to make it look like a suspicious death,” he said.

Closing arguments Tuesday in Montgomery County Jail mattress lawsuit

Published: Monday, January 22, 2018 @ 3:47 PM


            David Cooper
David Cooper

The civil lawsuit of a former Montgomery County Jail inmate who was denied a mattress could reach a federal jury Tuesday.

Testimony wrapped up just after noon in David O. Cooper’s lawsuit against Montgomery County in Dayton’s U.S. District Court.

RELATED: Inmate slept on toilet; jail staff hoped to protect him from himself

U.S. District Court Judge Walter Rice released jurors until Tuesday morning, when Rice said jury instructions and closing arguments will commence.

Defendants rested earlier Monday before Cooper took the stand as a rebuttal witness. His attorney, John Helbling, asked Cooper about the conditions of his stay including how often he was able to shower, what the meal schedule was and the night he and other inmates in the holding cells were given hard mats.

RELATED: Jury selected in federal jail mattress case

Cooper said the mat he received in late September or early October 2012 was inflexible and had no stitching. Cooper also said he never tried to harm himself with the mattresses he had while in general population.

The defendants include Montgomery County, former jail commander Major Daryl Wilson and Capt. Chuck Crosby. Helbling suggested in opening statements that if jurors found the county liable that they could reward damages between $3 million and $4 million.

Court documents indicate the county argues that Cooper’s incarceration conditions do not rise to liability.

RELATED: Trial to start of inmate suing for not getting mattress in jail

The civil lawsuit is the first of several filed against jail staff in recent years for alleged abuse and/or neglect to go to trial.

Four other cases have settled for $888,000 plus the county spent another $444,000 on outside legal counsel and litigation costs, according to county records. Other cases are pending.

RELATED: County spending on lawsuits passes $1 million

JUSTICE IN THE JAILHOUSE: Lawsuits, accusations plague region’s county jails

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