Case law

OnX USA LLC v. Sciacchetano

913 F. Supp. 2d 473 · District Court, N.D. Ohio · Dec 19, 2012

Thus, the act of contracting can qualify as transacting business under Ohio’s long-arm statute. ALTA Analytics, Inc. v. Muuss, 75 F.Supp.2d 773, 779 (S.D.Ohio 1999). … In the present case, Sciacchetano’s alleged conduct could clearly cause injury in Ohio: namely reaching into the state to solicit OnX employees and forwarding confidential email from OnX’s Ohio data systems.

In re Devonian Mineral Spring Co.

272 F. 527 · District Court, N.D. Ohio · Dec 24, 1920

company’s office at Owensboro was for the sale of the mineral water produced by the company. (4) That the three directors attending the meeting at which the voluntary petition was authorized were the only directors then qualified … It being admitted that the bankrupt company is a corporation organized under the laws of Ohio, and this district being the only one in which it had an office or did business, clearly -“the debtor has his domicile” in this

Hudson v. City of Cleveland Heights, Ohio

District Court, N.D. Ohio · Jun 30, 2021

Courts are not required, however, to accept as true factual allegations that are clearly irrational or wholly incredible. Denton v. … Here, Hudson does not indicate that he is challenging a specific established state procedure.

United States v. Petrelli

704 F. Supp. 122 · District Court, N.D. Ohio · Jan 30, 1986

The terms of 26 U.S.C. § 7408 clearly set forth the requirements for injunctive relief for a violation of 26 U.S.C. §§ 6700 and 6701. … The defendants have thus clearly engaged in conduct which is subject to penalty under 26 U.S.C. §§ 6700 and 6701.

Starr v. Ohio Department of Rehabilitation and Correction

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

Qualified Immunity All Defendants argue that they are likewise entitled to qualified immunity. (Doc. 37, pgID 932–935). … To overcome qualified immunity, a plaintiff must show that “(1) the defendant violated a constitutional right; and (2) the right was clearly established.” Bishop v.

Rockefeller v. O'Brien

224 F. 541 · District Court, N.D. Ohio · May 13, 1915

The most general a.nd absolute terms of one section may be qualified and limited by conditions and exceptions contained in another so that all may stand together. Brown v. Duchesne, 19 How. 183 , 15 L. … With this conclusion very clearly *548 reached, let us ask: Can it be said that the law is different in Mr.

Kumar v. Higgins

91 F. Supp. 2d 1119 · District Court, N.D. Ohio · Apr 10, 2000

Higgins wrote up the Qualified Domestic Relations Order incorrectly — a mistake which allegedly resulted in an overpayment to Ms. Williams in the amount of $63,425.75. … However, 29 U.S.C. § 1132 (c)(1) states clearly the plan administrator must comply with any request within 30 days, and Ms. Williams’s own complaint says she made the request on 2 August 1993. (Williams Ans. ¶ 7.)

Merriman v. Cangemi

District Court, N.D. Ohio · Nov 4, 2020

The ODRC is clearly a state agency and entitled to Eleventh Amendment immunity. And RCI is a prison facility owned and operated by the ODRC and, therefore, also not a legal entity capable of being sued under § 1983. … Plaintiff cannot establish the liability of any defendant absent a clear showing that the defendant was personally involved in the activities that form the basis of the alleged unconstitutional behavior. Rizzo v.

Chilcoat v. Grey

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

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. … She contends he deprived her of “rights, privileges, and immunities’ secured by the United States Constitution.” (Doc. No. 1 at 3).

Express Packaging of Oh, Inc. v. American States Insurance

800 F. Supp. 2d 886 · District Court, N.D. Ohio · Jun 30, 2011

Thus, a court applying Ohio law should look to the plain and ordinary meaning of the policy language unless another meaning “is clearly apparent from the contents of the policy.” 34 If the terms are clear, the court may look … (Policy) at Section V(22). 57 Paragraphs 4 through 16 of the stipulations establish that Express Packaging qualifies as an insured under the subject policy. 58 Express Packaging was under contract to repackage cartons of

Jackson v. Adult Parole Authority

District Court, N.D. Ohio · Feb 11, 2020

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. … The State of Ohio is immune from suit under the Eleventh Amendment. Latham v. Office of Atty. Gen. of State of Ohio, 395 F.3d 261, 270 (6th Cir. 2005).

Conte v. White

District Court, N.D. Ohio · Dec 22, 2022

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 … While there are three well-established exceptions to Eleventh Amendment immunity: (1) congressional abrogation; (2) waiver by the State; and (3) “a suit against a state official seeking prospective injunctive relief

Ratliff v. Astrue

694 F. Supp. 2d 751 · District Court, N.D. Ohio · Mar 5, 2010

Alamir’s Opinions Concerning Ratliffs Condition “A physician qualifies as a treating source if the claimant sees her ‘with a frequency consistent with accepted medical practice for the type of treatment and/or evaluation … Here, the ALJ’s opinion is clearly deficient, as it fails to adequately apply the factors established by the regulations.

Great-West Life & Annuity Assurance Co. v. Parke Imperial Canton, Ltd.

177 B.R. 843 · District Court, N.D. Ohio · Sep 23, 1994

Failure by Great-West to establish its entitlement to either of these section *849 552(b) requirements, will bar its claim of a priority position to the postpetition hotel room receipts or other operating revenue of Parke … If one cannot establish that his transaction “created or transferred” and interest in real estate, then there can be no creation or transfer of a “lease or rents” under that real estate interest.

Root v. Decorative Paint Incorporated

District Court, N.D. Ohio · Mar 31, 2023

Under this test, the plaintiff must establish a prima facie case of employment discrimination by showing (1) she is disabled, (2) she is otherwise qualified for the position, with or without accommodation, (3) she suffered … qualified for her position.

Myers v. Boardman Local School District Board of Education

District Court, N.D. Ohio · Nov 28, 2022

To establish failure to train, a plaintiff must allege and prove “prior instances of unconstitutional conduct demonstrating that the [Board] has ignored a history of abuse and was clearly on notice that the training in … Code §] 2744.03(A)(6)(b)’s exception to immunity for wanton or reckless behavior.” Id.

Johnson v. Chambers-Smith

District Court, N.D. Ohio · Jun 7, 2024

Sovereign immunity bars suits brought in federal court against a state and its agencies unless the state has waived its sovereign immunity or consented to be sued in federal court. … Furthermore, it is well established that the federal statute invoked in this case, 42 U.S.C. § 1983, does not abrogate immunity. See Will, 491 U.S. at 66-67; Quern v. Jordan, 440 U.S. 332, 340-41 (1979).

R.J. Wildner Contracting Co. v. Ohio Turnpike Commission

913 F. Supp. 1031 · District Court, N.D. Ohio · Jan 26, 1996

It is well-settled that states can cloak themselves and the entities they create in sovereign immunity. … Thus, if the contract clearly and unambiguously precludes the alleged claim, dismissal is appropriate.

Consolo v. Hornblower & Weeks-Hemphill, Noyes, Inc.

436 F. Supp. 447 · District Court, N.D. Ohio · Dec 9, 1976

The first element is clearly present in the case at bar. … Moreover, the interrelation of the two remaining elements, as established in a number of different circuits, precludes an application of the facts herein to each element in isolation.

Village of Walton Hills v. Village of Walton Hills

District Court, N.D. Ohio · Jan 31, 2023

Defendants have argued that Kolograf and Kalman are also entitled to qualified immunity. (R. 34-1, PageID# 243-45). The Court finds this issue has been rendered moot. … may be asserted to establish nonliability … [t]he political subdivision is immune from liability if the action or failure to act by the employee involved that gave rise to the claim of liability was within the discretion