Case law

Ricks v. Potter

608 F. Supp. 2d 882 · District Court, N.D. Ohio · Mar 27, 2009

To meet its burden, an employer must clearly articulate, through admissible evidence, the nondiscriminatory reasons for its employment action. Id. The Postal Service argues that Ms. … Ricks provided to establish her prima facie case.

Alexander v. Local 496, Laborers International Union of North America

778 F. Supp. 1401 · District Court, N.D. Ohio · Dec 10, 1991

The overall process, taking into consideration all of the factors, was clearly a pretext. … However, it is recognized within the construction industry that the Union affords a prime source of qualified workers.” 34.

Viola v. Ohio Attorney General

District Court, N.D. Ohio · Feb 11, 2021

Viola may not assert, in his Consolidated Brief in Opposition, a basis for the waiver of sovereign immunity that is not clearly plead and asserted in his First Amended Complaint. … This claim clearly does not fall within the Ex Parte Young exception.

United States v. One Hundred Thirty-Seven (137) Draw Poker-Type MacHines & Six (6) Slot MacHines

606 F. Supp. 747 · District Court, N.D. Ohio · Mar 14, 1984

Clearly, the six conventional slot machines constitute gambling devices within the meaning of section 1171(a)(1) since this provision specifically includes “any so-called ‘slot machine’ or any other machine or mechanical … Finally, with regard to the claim that these machines were seized in violation of the Fourth and Fourteenth Amendment, the courts have held uniformly that "an illegal seizure does not immunize the goods from forfeiture.”

Somos v. Classic MS LLC

District Court, N.D. Ohio · Sep 27, 2022

To establish a claim for disability discrimination under the indirect method, a plaintiff must first establish a prima facie case of discrimination by showing that (1) he is disabled, (2) he is otherwise qualified for the … To establish a prima facie case of religious discrimination using circumstantial evidence, a plaintiff must demonstrate that: (1) he is a member of a protected class; (2) he was qualified for

Alabsi v. City of Cleveland

District Court, N.D. Ohio · Mar 23, 2022

Jack Cleveland argues that (1) the statements made were true or substantially true, (2) the statements were entitled to qualified immunity, (3) the statement was not made with the requisite degree of fault, and (4) Alabsi … has not established any damages proximately caused by the statements.

United States v. Dimora

829 F. Supp. 2d 574 · District Court, N.D. Ohio · Oct 28, 2011

True, Gabor was a “low level” county employee at the time of the alleged extortion, and thus may not technically qualify as a “private citizen.” … Further, when charging RICO conspiracy, the government must “allege ... that the defendant ] agreed to the commission of multiple violations of a specific statutory provision that qualifies as RICO racketeering activity.”

Biro v. HR Business

District Court, N.D. Ohio · Aug 31, 2022

The only clearly discernible legal ground Plaintiff cites in the Complaint is “Article 1, Section 9 United States Constitution.” ECF No. 1 at PageID #: 2. Plaintiff's request for relief is also incomprehensible. … In sum, the (4:22CV672) Complaint does not provide a basis to establish the Court's subject-matter jurisdiction over any non-frivolous federal claim against Defendant. See Lillard vy.

Sanders v. Carro

District Court, N.D. Ohio · Dec 11, 2023

This statute is clearly inapplicable to the present case. With these bases for jurisdiction eliminated, what remains is 42 U.S.C. § 1983. … All the misconduct Sanders alleges against Carro in his criminal case is covered by absolute immunity.

Priest v. Hudson

655 F. Supp. 2d 808 · District Court, N.D. Ohio · Sep 15, 2009

Therefore, the Eighth District Court of Appeals’ decision was not “contrary to” clearly established federal law. … In the absence of a state court decision, we conduct an independent review of federal law to determine if the state court either contravened or unreasonably applied clearly established federal law. Harris v.

HoneyBaked Foods, Inc. v. Affiliated FM Insurance

757 F. Supp. 2d 738 · District Court, N.D. Ohio · Dec 2, 2010

The qualifying language in the Group II exclusions constitutes an ensuing loss provision. … The Supreme Court of Ohio found that “the policy in question never clearly excludes claims for deaths or injuries caused by residential carbon monoxide poisoning.” Id. at 549 , 757 N.E.2d 329 .

Kauffman

District Court, N.D. Ohio · Apr 10, 2026

Commissioner of Social Security (“Commissioner”) seeking judicial review of the Commissioner’s denial of her application for a Period of Disability (“POD”), Disability Insurance Benefits (“DIB”), and Medicare Qualified … Further, it is well established that an ALJ may not ignore or overlook contrary lines of evidence. Fleischer v. Astrue, 774 F. Supp. 2d 875, 880 (N.D. Ohio 2011) (citing Bryan v. Comm’r of Soc. Sec., 383 F.

EJS PROPERTIES, LLC v. City of Toledo

736 F. Supp. 2d 1123 · District Court, N.D. Ohio · Sep 2, 2010

Public Schools, which it claims the defendants had improperly treated more favorably than it; 3) defendants did not violate EJS’s First Amendment right to petition the government for redress of grievances; 4) the City was immune … a protected liberty or property interest in the proposal). 5 As one court clearly explained: “[Prejudice and bias constitute the manner in which [a plaintiff] has been denied due process.

City of Findlay v. Hotels.Com, L.P.

441 F. Supp. 2d 855 · District Court, N.D. Ohio · Jul 26, 2006

It is a government, which qualifies as a ‘person’ under the Act.”). … To establish a claim of conversion, a plaintiff “must establish three elements: (1) plaintiffs ownership or right to possession of the property at the time of conversion; (2) defendant’s conversion by a wrongful act or disposition

Smith v. Wilson

231 F. Supp. 2d 650 · District Court, N.D. Ohio · Sep 13, 2002

A federal court “may not issue the writ simply because the court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly. … established federal law.

Timken Roller Bearing Co. v. United States

38 F.R.D. 57 · District Court, N.D. Ohio · Apr 28, 1964

III Thus non-disclosure must be predicated, if at all, upon an ill-defined qualified privilege or public policy argument. … However, since the 1958 amendment, it is no longer necessary to follow the Boske case; this was clearly pointed ' out in N. L. R. B. v.

Heartbeat of Ottawa County, Inc. v. City of Port Clinton

207 F. Supp. 2d 699 · District Court, N.D. Ohio · May 1, 2002

The pole, erected in 1996, clearly has not been “time out of mind, used for purposes of communicating thoughts between citizens and discussing public questions.” The Putnam Pit, Inc. v. … Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens. 4 .

Retirees of the Goodyear Tire & Rubber Co. Employee Healthcare Trust Committee v. Steely

District Court, N.D. Ohio · Dec 31, 2019

Defendants argue that this Court lacks subject matter jurisdiction because the Goodyear Plan is not a qualifying ERISA plan, having not been established or maintained by either an employer or an employee association. … purposes under the IRC,15 that does not automatically mean, as clearly reflected in the relevant regulations, that the requirements were also met for establishing an “employee benefit plan” protected

Toler

District Court, N.D. Ohio · Dec 29, 2025

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. … Plaintiff must make sufficient factual allegations to link two alleged conspirators in the conspiracy and to establish the requisite “meeting of the minds” essential to the existence of the conspiracy.

Bridge v. OCWEN FEDERAL BANK

669 F. Supp. 2d 853 · District Court, N.D. Ohio · Aug 28, 2009

establish that Deutsche Bank owns the loan in question. … Bridge’s May 9, 2002 “Qualified Written Request” for an accurate accounting of Mrs. Bridge’s payments to Aames and Ocwen. ECF 80 at ¶¶ 50-52.