Case law

Yacko v. General Motors Company

District Court, N.D. Ohio · Feb 28, 2024

Qualified Privilege The Court has concluded that Yacko has established a prima facie case of discrimination. … Ohio Nov. 9, 2001) (“Although an allegation of malice may be sufficient to defeat a qualified immunity defense on a motion to dismiss, the Court finds that it is not a requirement.

Williamson v. Wheeler

District Court, N.D. Ohio · Nov 14, 2022

employees and to dismiss before service any such complaint that the court determines is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune … To establish disability discrimination under Title II of the ADA, a plaintiff must prove: (1) he has a disability; (2) he is otherwise qualified for the benefit in question; and (3) he was excluded from the benefit due

Jewel Companies, Inc. v. Westhall Co.

413 F. Supp. 994 · District Court, N.D. Ohio · Jan 30, 1976

It is clearly a descriptive term when used in certain instances, a primary example being the usage of the defendant, Jewel Mart. *1001 It is a weak mark therefore, and entitled to protection only upon a showing of secondary … The plaintiff qualified Leo Shapiro as an expert witness and the report was submitted in connection with his capacity as an expert witness, it reflecting his opinion and the factors upon which that opinion was based.

Ravin Crossbows, LLC v. Hunter's Manufacturing Company, Inc.

District Court, N.D. Ohio · Mar 19, 2024

The burden of establishing protection based on attorney-client privilege and work product immunity rests with Ravin. See United States v. Dakota, 197 F.3d 821, 825 (6th Cir. 1999); Biegas v. … To the extent that Ravin’s answer is qualified, the answer should specify which part is admitted and qualify or deny the rest. See Fed. R. Civ.

Evanoff v. Banner Mattress Co., Inc.

526 F. Supp. 2d 810 · District Court, N.D. Ohio · Nov 16, 2007

The Agreement clearly states that monetary disbursements of deferred compensation will be the benefit provided and sets out a specific method of calculating such amount. … Finally, it is also clear that BMC established and maintained the plan intending to provide a benefit to Evanoff.

Deck v. City of Toledo

56 F. Supp. 2d 886 · District Court, N.D. Ohio · Jun 29, 1999

Summary judgment must be entered “against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial … Clearly, the statute does not expressly address curb ramps nor does it specifically exclude them.

Harris v. Mackey

District Court, N.D. Ohio · Oct 22, 2024

Harris seeks an order requiring Defendants to arrange for him to be evaluated by a qualified physician and to follow that physician’s recommended treatment. … A claim lacks an arguable basis in law or fact when it is premised on an indisputably meritless legal theory or when the factual contentions are clearly baseless.

Scott v. Robertson-Mendoza

District Court, N.D. Ohio · Feb 8, 2021

A claim lacks an arguable basis in law or fact when it is premised on an indisputably meritless legal theory or when the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. … Here, the State of Ohio has not waived sovereign immunity in federal court in this case. See Mixon, 193 F.3d at 397.

Cooley v. Lincoln Electric Co.

693 F. Supp. 2d 767 · District Court, N.D. Ohio · Mar 10, 2010

Further, these two neurologists were clearly qualified to diagnose neurological injury and to identify different types of neurological injury. The Court examined more carefully the testimony of Dr. … This principal is recognized repeatedly in well-established case law, particularly where, as here, the evidence strongly supports the conclusion that the industry operated collectively with respect to its warnings decisions

Magby v. Fender

District Court, N.D. Ohio · May 13, 2022

To establish a violation under § 1983, a plaintiff must show that a person acting under color of state law deprived him or her of rights, privileges, or immunities secured by the Constitution or laws of the United States … Plaintiff has not established that Judge Christian acted clearly outside of the subject matter jurisdiction of the court over which the judge presides.

Conte v. White

District Court, N.D. Ohio · Jan 8, 2024

Thus, the Court does not address Counts One and Two in the context of a qualified immunity analysis. 14 Cir. 2011) (quoting Pelfrey v. … Thus, the Court does not address Counts Three through Five in the context of a qualified immunity analysis. 33 name of the medication at issue or present

Cordova Ex Rel. Cordova v. Chonko

315 F. Supp. 953 · District Court, N.D. Ohio · Jul 30, 1970

It is claimed that the defendants have acted and threatened under color of state law to deprive the plaintiff of rights, privileges and immunities secured to him by the Constitution of the United States. … The letter ordered suspension until the plaintiff cut his hair to a reasonable length, and was thus clearly in excess of the defendant Chonko’s authority.

Allen v. Ohio Department of Rehabilitation and Correction

District Court, N.D. Ohio · Feb 26, 2021

Although he titles them as amended pleadings, they clearly are intended as supplements to the original Complaint. … “[I]t is clearly established that the prison must provide adequate nutrition to prisoners,” and that a failure to do so is an Eighth Amendment violation. Welch v. Spaulding, 627 F. App'x 479, 484 (6th Cir. 2015).

Ross v. Merlak

District Court, N.D. Ohio · Aug 15, 2019

Kerner, 404 U.S. 519, 520 (1972), and accept his allegations as true unless they are clearly irrational or wholly incredible. Denton v. Hernandez, 504 U.S. 25, 33 (1992). … The Plaintiff’s Complaint does not set forth discernible allegations of misconduct on the part of the Warden himself, and it is well established that supervisory liability cannot be established under 42 U.S.C. § 1983 or

Lowary v. Lexington Local Board of Education

704 F. Supp. 1430 · District Court, N.D. Ohio · Oct 21, 1987

Further, that they are not necessary parties to fulfill any equitable relief awarded plaintiffs and are immune from compensatory damages. … These reviews have clearly established that local and *1454 district associations expend significantly less, as a percentage of their budgets, for impermissible expenditures than does the Association.

Whitnie Jackson v. Cleveland Clinic Foundation, et al.

District Court, N.D. Ohio · Aug 20, 2026

There was no obstetrician on site or an individual qualified to perform the initial MSE. (Id. at ¶¶ 2, 31.) Instead, Dr. … On reply, Defendants note they did not raise an immunity defense and assert Jackson failed to provide any relevant argument opposing dismissal of her EMTALA claims.

Vaughn v. Secretary of the Department Veteran Affairs

District Court, N.D. Ohio · Jan 12, 2022

federal court and to dismiss before service any such complaint that the court determines is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune … To establish a prima facie case of sex discrimination under Title VII, a plaintiff must show that he (1) is a member of a protected class, (2) was subject to an adverse employment decision, (3) was qualified for the position

Kaiser v. Consolidated Rail Corp.

514 F. Supp. 784 · District Court, N.D. Ohio · Apr 17, 1981

Thus, the Union contends it was justified in failing to process plaintiff’s grievance since plaintiff’s discharge was clearly authorized by the terms of the collective bargaining agreement. … This Court finds that the plaintiff has not met the burden imposed by Rule 56(e) of producing affidavits or other materials to establish a genuine issue of fact regarding any of the defenses raised by the Union.

Yatsko v. Graziolli

District Court, N.D. Ohio · Jun 2, 2020

A motion for reconsideration should be granted when the movant establishes that there is: “(1) a clear error of law; (2) newly discovered evidence; (3) an intervening change in controlling law; or (4) a need to prevent … The application of this standard is clearly demonstrated in the cases cited in Plaintiffs’ Motion for Reconsideration.

City of Cleveland v. Cleveland Electric, Illuminating Co.

538 F. Supp. 1320 · District Court, N.D. Ohio · Oct 31, 1980

There is further no evidence in the record to show that MELP’s pricing policy is so rigid that elements of the price representing the cost of operating the system were immune from being reduced if the total price would sharply … This was clearly stated by the AMP-Ohio board in their resolution authorizing the PASNY application. The board resolved: II.