Case law

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.

Moore v. Haviland

476 F. Supp. 2d 768 · District Court, N.D. Ohio · Feb 28, 2007

established federal law in rendering its decision, the habeas court will first identify the clearly established federal law applicable to the matter and then determine if the state decision was contrary to that law by either … Application of the clearly established federal law a.

Vrabel v. Progressive North Ridgeville, LLC

District Court, N.D. Ohio · Sep 15, 2025

To establish a prima facie case for failure to accommodate, a plaintiff must show that (1) she is disabled under the ADA; (2) she is otherwise qualified for the position, with or without a reasonable accommodation; (3) … Plaintiff has not alleged that she is disabled under the ADA and thus fails to establish a prima facie case for failure to accommodate.

Benefits Committee of Saint-Gobain Corp. v. Key Trust Co.

160 F. Supp. 2d 816 · District Court, N.D. Ohio · Feb 5, 2001

Furon established the Furon ESOP on February 4, 1990. (Stip.¶ 7). … However, the language of this section is clearly permissive and not mandatory. Thus, it cannot form the basis for defendant’s legal obligation to repay the Exempt Loans.

City of Cleveland v. Cleveland Electric Illuminating Co.

538 F. Supp. 1240 · District Court, N.D. Ohio · Jun 18, 1981

Federal Power Commission controlling, the City argues that in the event “public utilities were permitted to recoup antitrust judgments through the rate making process, they would be immunized from the economic consequences … It is, of course, firmly established that the trial court is vested with broad discretion in determining the sufficiency of challenges to prospective jurors. Dennis v.

Manning v. Henderson

District Court, N.D. Ohio · Feb 23, 2024

He alleges that these Defendants violated the Establishment Clause of the First Amendment. Third, Plaintiff alleges Corrections Officer Ridgeway assaulted him. … 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.

Kouns v. Hartford Life & Accident Insurance

780 F. Supp. 2d 578 · District Court, N.D. Ohio · Jan 19, 2011

The Sixth Circuit further explained that the plan provisions satisfied the requirements for equitable relief in Sereboff because those provisions established “a right to recover from a specific fund distinct from Gilchrest … Under the disability insurance plan, an individual is disabled if he or she meets either the “Occupation Qualifier” or the "Earnings Qualifier.” [A.R. 00079.]

Reed v. Rhodes

500 F. Supp. 363 · District Court, N.D. Ohio · Jul 25, 1980

In the critical area of transportation, the defendants repeatedly failed to seek and retain a qualified division head. … The entire record establishes clearly and convincingly that the Cleveland Board of Education has failed to exercise decisive and affirmative leadership to ensure that the school system is in compliance with court orders.

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.”

Drummond v. Houk

761 F. Supp. 2d 638 · District Court, N.D. Ohio · Dec 31, 2010

While Strickland established that strategic decisions can be virtually unchallengeable, the Court in Wiggins emphasized that these decisions are not immune from attack if they are founded upon an unreasonable investigation … Nor may this Court rely on any circuit decision to determine whether a state court decision was contrary to, or an unreasonable application of, clearly established federal law. Herbert v.

Matthews v. United States

District Court, N.D. Ohio · Jul 21, 2023

Sovereign Immunity To sue the United States, a plaintiff must identify a waiver of sovereign immunity. Reetz v. United States, 224 F.3d 794, 795 (6th Cir. 2000). … Here, the complaint clearly seeks an order that the VA failed to provide benefits. (See ECF No. 1, PageID #3 (seeking, among other things, “$26,886.61 for [Wolfe’s] charges to Rae-Ann”).)

Reo v. Lindstedt

District Court, N.D. Ohio · Mar 23, 2021

Immunity Judicial immunity forecloses civil actions against Missouri State Judge Curless and -7- the … The named Missouri and South Dakota public officials are also immune unless their actions were outside the scope of their official duties or violated clearly established constitutional rights.

Nemeth v. Montefiore

District Court, N.D. Ohio · Sep 21, 2022

Here, Defendants produced service records establishing that they were all served on September 30, 2021. (ECF No. 1-1, PageID# 19-28). … Supp. 3d 238, 251 (E.D.N.Y. 2021) (“[I]t is important to note that the PREP Act is, at its core, an immunity statute; it does not create rights, duties, or obligations.”). Such immunity is an affirmative defense.

Silver v. O'Donnell

District Court, N.D. Ohio · Nov 21, 2024

As such, Plaintiff’s § 1983 claims against Defendants O’Donnell and Gibson must be dismissed.3 3 Defendants O’Donnell and Gibson also assert qualified immunity. (Doc. 26 at 240-41.) … Notwithstanding, because all claims against Defendants O’Donnell and Gibson are dismissed, the Court need not address their qualified immunity defense.

Shearson v. Holder

865 F. Supp. 2d 850 · District Court, N.D. Ohio · Sep 9, 2011

Madigan, “where Congress has not clearly required exhaustion, sound judicial discretion governs” whether or not to apply the doctrine of exhaustion. McCarthy v. … In this case, Plaintiff relies on 5 U.S.C. § 702 which contains a waiver of sovereign immunity and a right of judicial review when a person suffers a “legal wrong because of agency action.”

Stewart v. Bus and Car Co.

293 F. Supp. 577 · District Court, N.D. Ohio · Dec 2, 1968

that it was a mistake to assume that this trend “heralds the eventual demise of all restrictions on the personal jurisdiction of state courts,” stating that the basis for the “minimum contacts” requirement was not solely immunity … While there appears to be a conflict in the cases as to which party has the burden of proof to establish the contacts which the various statutes require, this Court is satisfied that the burden in the instant controversy

Nemeth v. Montefiore

District Court, N.D. Ohio · Oct 3, 2022

e “Defendants did not follow well established guidelines and standards for quarantine of new admissions and/or residents.” (/d.). … Supp. 3d 238, 251 (E.D.N.Y. 2021) (“[I]t is important to note that the PREP Act is, at its core, an immunity statute; it does not create rights, duties, or obligations.”). Such immunity is an affirmative defense.

Metroka-Cantelli v. Postmaster General

131 F. Supp. 3d 691 · District Court, N.D. Ohio · Sep 17, 2015

The, .birth of a child is a qualifying event under the FMLA and the USPS’s policies recognize it as such. … Clearly, any termination constitutes denial of future’ FMLA leave simply, because an employee cannot take leave once she is ño longer employed.

Brooks v. American Broadcasting Companies, Inc.

737 F. Supp. 431 · District Court, N.D. Ohio · Mar 28, 1990

The facts as alleged in the amended complaint do not establish a violation of this statute. … However, briefing on this motion and the motion for summary judgment clearly indicates that all parties are of the opinion that the original complaint alleged "false light” invasion of privacy, and the court will proceed

Sampson

District Court, N.D. Ohio · Dec 9, 2025

Judge Falkowski and Magistrate Koerner are immune from suit. Generally, judicial officers are absolutely immune from civil suits for money damages. Mireles v. Waco, 502 U.S. 9, 9 (1991); Barnes v. … Here, neither exception to immunity applies.