Case law

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.

Estate of Q.W. v. Lucas County Children Services

District Court, N.D. Ohio · Jul 17, 2023

Plaintiffs’ allegations that Q.C.W. qualified as such are conclusory. Plaintiffs do not allege any specific fact about Q.C.W.’s medical condition other than the general statement that he “had several medical issues.” … Foster Parent Statutory Immunity Defendant Nix is not an LCCS employee and does not have immunity under the same statutes.

Griffith v. Baltimore & Ohio Railroad

162 F. Supp. 809 · District Court, N.D. Ohio · May 2, 1958

The exhibits filed by defendant in support of its motions clearly bear this out. These exhibits also establish that the National Railroad Adjustment Board denied the claim of plaintiff’s decedent. … administratrix having been duly substituted in his place and stead as plaintiff herein, is, and at all times material herein was, a citizen of the State of Ohio, residing in Toledo, Lucas County, Ohio, and is the duly appointed, qualified

Wayside Farms, Inc. v. United States Department of Health & Human Services

663 F. Supp. 945 · District Court, N.D. Ohio · Jun 30, 1987

On May 14,1987, the AU issued his opinion stating that while approximately one-half of the deficiencies noted during the May, 1985 survey were unsubstantiated, the deficiencies which were established warranted decertification … In that case, the nature of *951 the relief sought was so intertwined with the individual substantive issues that deference had to be given to the administrative processes clearly provided by Congress under those circumstances

Ridge v. Barnhart

232 F. Supp. 2d 775 · District Court, N.D. Ohio · Sep 10, 2002

The medical record clearly establishes that Plaintiff experiences pain and popping in his severely arthritic surgically repaired right hip, and has a severely arthritic right wrist incapable of bending, a medical strained … Plaintiff argues that the objective medical evidence contained in the record, coupled with his testimony concerning his abilities, clearly establish disabling pain. See id. at 16.

White v. Internal Revenue Service

528 F. Supp. 119 · District Court, N.D. Ohio · Sep 15, 1981

Accordingly, nondisclosure is proper under § 6103 irrespective of FOIA pursuant to the Zale line of authority and scope of judicial review established therein. … Sears, Roebuck & Co., supra, 421 U.S. at 149, 95 S.Ct. at 1516. ****** To qualify for exemption 5, a record must be both “predecisional,” in that it relates to a decision not yet reached rather than explains one already determined

Jackshaw Pontiac, Inc. v. Cleveland Press Publishing Co.

102 F.R.D. 183 · District Court, N.D. Ohio · May 24, 1984

But they have failed to satisfy the clearly defined requirements for certification of a class action. For the reasons set forth below, the Motion to Certify Class is denied. I. A. … As to Count II, he argued that “even assuming that there are 13, I think we have numerosity established.” Tr. at 6-8.

Mangus v. Edwards

40 F. Supp. 2d 908 · District Court, N.D. Ohio · Mar 15, 1999

Compare Neelley, 138 F.3d at 922-23 (determining that the first step under § 2254 is to determine the “clearly established” law at the relevant time, as guided by Teague v. … However, instead of using the clearly established Chapman standard to decide whether the claimed error was “harmless beyond a reasonable doubt,” Chapman v.

Schweitzer v. Williams

695 F. Supp. 2d 646 · District Court, N.D. Ohio · Feb 19, 2010

The Ohio Court of Appeals acted contrary to clearly established federal law by retroactively applying the decision of the Ohio Supreme Court in State v. Foster to Petitioner’s case. … However, an explicit statement by the Supreme Court is not mandatory; rather, “the legal principles and standards flowing from [Supreme Court] precedent” also qualify as “clearly established law.”

Langley v. DaimlerChrysler Corp.

407 F. Supp. 2d 897 · District Court, N.D. Ohio · Dec 28, 2005

The liability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities. Restatement (Second) of Torts § 46 cmt. d (1965), quoted with approval in Yeager v. … Moreover, she has identified no evidence showing that she was qualified for the positions she herself applied to transfer into.

Treadwell v. Mansfield Correctional Institution

District Court, N.D. Ohio · May 10, 2023

purposes of a motion for judgment on the pleadings, all well-pleaded material allegations of the pleadings of the opposing party must be taken as true, and the motion may be granted only if the moving party is nevertheless clearly … to determine, initially, whether the officer or employee is entitled to personal immunity under section 9.86.”

Laber v. United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union

126 F. Supp. 3d 934 · District Court, N.D. Ohio · Aug 27, 2015

While § 301 preemption is clearly expansive, not all state law claims finding their genesis in labor relations are preempted. See Livadas v. … Defendants entertain a different view, suggesting that these post-pleading statements establish plaintiffs’ “claim is dependent on the VSA.” (Opp’n at 218, emphasis in original.) 1.

Daisy Investment Corp. v. City of Seven Hills

District Court, N.D. Ohio · Aug 12, 2024

Plaintiffs clearly knew how to assert a § 1983 claim and allege specific constitutional violations, as evidenced by the First Claim for Relief. … Under Ohio law, “it is well established that political subdivisions are immune from intentional torts under R.C. 2744.02.” Garmback v. City of Cleveland, 2022-Ohio-1490, ¶ 44 (Ohio Ct.

City of Cleveland v. Cleveland Electric Illuminating Co.

538 F. Supp. 1344 · District Court, N.D. Ohio · Oct 16, 1981

The City’s suggestion that it can be properly inferred from the evidence that the instant defendant’s unlawful conduct was a material cause of MELP’s decision to abandon the 85 mw unit quite clearly runs afoul of the established … disposition of October 1,1981, the motion at bar is essentially an attempt on the part of the City to predicate liability on and recover damages for conduct which either predates the relevant statutory period or which is immune

United States v. Traficant

209 F. Supp. 2d 764 · District Court, N.D. Ohio · Jun 25, 2002

Potential jurors who are not disqualified, exempt, or excused pursuant to the Plan have their names placed in the qualified jury wheel. Each jury division has it own qualified jury wheel. … Geography alone is not enough to establish distinctiveness.

Ambler Realty Co. v. Village of Euclid

297 F. 307 · District Court, N.D. Ohio · Jan 14, 1924

establishments ; and that the normal and reasonably to be expected use of the residue, including the restricted area, is for industrial and trade purposes. … When this seemingly absolute protection is found to be qualified by the police power, the natural tendency of human nature is to extend the qualification more and more until at last private property disappears.

F. Buddie Contracting, Inc. v. Seawright

595 F. Supp. 422 · District Court, N.D. Ohio · Aug 15, 1984

Frank John Gerdnic, vice president of marketing for Peabody’s solid waste division, received a grant of immunity in exchange for his testimony in this case. … The Bailey Court, therefore, clearly indicated that it would accept a claim of self-concealing conspiracy as meeting the requirement of wrongful concealment.

Allen v. Wash

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

An action has no arguable basis in law when a defendant is immune from suit or when a plaintiff claims a violation of a legal interest “which clearly does not exist”. Neitzke, 490 U.S. at 327. … To establish diversity of citizenship, the plaintiff must establish that he is a citizen of one state and all of the defendants are citizens of other states.

Lora

District Court, N.D. Ohio · Mar 19, 2026

federal court and to dismiss before service any such complaint the court determines is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune … To make out a prima facie case, a plaintiff must establish that he has a disability; he otherwise qualified; and “is being excluded from participation in, being denied the benefits of, or being subjected to discrimination

Younglove Construction, LLC v. PSD Development, LLC

782 F. Supp. 2d 457 · District Court, N.D. Ohio · Mar 18, 2011

Pelegrin is not qualified as an expert in engineering or construction costs. … A qualified engineer ... will generally determine the nature of the problem and design an appropriate fix.