Case law

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

Stalnaker v. Bobby

589 F. Supp. 2d 905 · District Court, N.D. Ohio · Nov 12, 2008

Therefore, his greater-than-minimum sentence is contrary to clearly established law, and habeas relief on the merits is appropriate. 3. … 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.”

Brush Wellman, Inc. v. Montes

295 F. Supp. 2d 785 · District Court, N.D. Ohio · Nov 24, 2003

recovery from remaining defendants. 2 In opposing Brush Wellman’s motion for leave to amend, the Rieses argue that, even if leave to amend by interlineation is granted: a) the complaint will not plead the facts necessary to establish … While a rewritten complaint would have set forth the claim more clearly, interlineation suffices in this instance. B.

O'NEILL v. United States

281 F. Supp. 359 · District Court, N.D. Ohio · Feb 12, 1968

Hill & Thomas Co. has established contractual arrangements at five major hospitals, and, in addition to the hospital sites, maintains three separate offices for diagnostic X-ray work and therapy. … However, the Government later took the view, which did not prevail in Court, that a group of doctors which was not permitted to incorporate under state law could not qualify as a corporation for tax purposes even though its

Jones v. Summit County Job & Family Services

District Court, N.D. Ohio · Dec 16, 2019

Under McDonnel Douglas, plaintiffs must establish the elements of a prima facie case of age discrimination. … The plaintiff must show “(1) she was over the age of 40, (2) she applied for and was qualified for the position, (3) she was considered for and denied the position, and (4) she was rejected in favor of a significantly younger

Haywood v. Harris

District Court, N.D. Ohio · Jan 25, 2021

None of these cases clearly establish Haywood had a constitutional right to trial by the first jury. … Haywood has not shown his trial was conducted contrary to any clearly established law regarding due process, fair trial, and double jeopardy rights.

Houston-Starr Company v. Berea Brick & Tile Company

197 F. Supp. 492 · District Court, N.D. Ohio · Jun 23, 1961

Plaintiff’s highly skilled and experienced representatives were well qualified to determine upon examination and by appropriate tests whether the cull bricks were “hard enough to stand up.” … In all such eases the dependency of the buyer upon the seller’s superior knowledge must clearly appear.

Cerri v. Akron-People's Telephone Co.

219 F. 285 · District Court, N.D. Ohio · Nov 30, 1914

Ed. 114 ): “The old rule established by the decisions, which required all objections to the citizenship of the parties, unless shown on the face of the record to be taken by plea in abatement before pleading to the merits … The plaintiff is a .consular agent for the kingdom of Italy, resident in Cleveland, and as such he enjoys very definite and important privileges and immunities while residing in the United States. *294 Const. U.

Ray

District Court, N.D. Ohio · Feb 23, 2026

ECDJFS moved for judgment on the pleadings, arguing it was immune under O.R.C. § 2744.02 (A)(1), and that it was not sui juris. (Doc. No. 14 at 3). … Mar. 31, 2000) (holding that in dismissing claim for lack of capacity, “[t]he court is clearly dismissing the appellant’s claim on a procedural aspect rather than on the merits.”); see also Nat’l Crime Reporting, Inc.,

Hull v. Sheet Metal Workers' International Ass'n

161 F. Supp. 161 · District Court, N.D. Ohio · Apr 9, 1958

Article (III) provides: “The union agrees to furnish at all times to the Employer, duly qualified journeymen sheet metal workers and registered apprentices in sufficient numbers as may be necessary to properly execute work … It is, therefore, clear that the practices of respondents are not immunized from Section 8(b) of the Act because of the provisions of the collective bargaining agreements.

Realtek Industries, Inc. v. Nomura Securities

939 F. Supp. 572 · District Court, N.D. Ohio · Aug 16, 1996

First the parties would establish an entity that would qualify as a “real estate mortgage investment conduit” (“REMIC”), which could provide investors pass-through tax treatment under the Internal Revenue Code. … Ethan Penner, who is president of defendant Nomura Asset and managing director of defendant Nomura Securities — and thus clearly has reason to know what is and is not a “security” under the securities laws — wrote that Realtek

Nachar v. PNC Bank

901 F. Supp. 2d 1012 · District Court, N.D. Ohio · Oct 5, 2012

She was told that, based on her information, she qualified for participation in the HAMP trial plan, subject to the fulfillment of further conditions. … PNC’s review of the modification application in no way ensured the approval of that loan modification, which is clearly stated in the TMP.

United States ex rel. Sciria v. Lehmann

136 F. Supp. 458 · District Court, N.D. Ohio · Oct 7, 1955

However, under the broad designation of “any alien” whose entry was before that date the section was applicable as well to aliens who entered the United States unlawfully but who were in all other respects qualified to apply … concluded its comment thereon as follows: “The whole development of this general savings clause, its predecessors accompanying each of the recent codifications in the field of immigration and naturalization, manifests a well-established

Beeman v. Veterans Affairs

District Court, N.D. Ohio · Jun 14, 2023

federal court, and to dismiss before service any such complaint that 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 demonstrate a prima facie case of discrimination, a plaintiff must show that “(1) he or she was a member of a protected class; (2) he or she suffered an adverse employment action; (3) he or she was qualified for the

Murphy v. Northeast Ohio Correctional Center

District Court, N.D. Ohio · May 17, 2024

.; (4) Plaintiffs’ claims against John Doe fail; and (5) Plaintiffs’ negligence against CoreCivic, Inc. is subject to dismissal via immunity in Am. Sub. H.B. 606. … for immunity pursuant to Am.

Ohio v. United States Army Corps of Engineers

259 F. Supp. 3d 732 · District Court, N.D. Ohio · May 5, 2017

Thus, it does not qualify as ^agency action committed to agency discretion by law.” 5 U.S.C. § 701 (a)(2). … Congress clearly intends for the Corps to act when it has determined that dredging’ is necessary to maintain navigation.

Thibert v. CITY OF OREGON, OHIO

724 F. Supp. 2d 830 · District Court, N.D. Ohio · Jul 15, 2010

Plaintiff must first establish a prima facie case, which generally requires (1) she is a member of a protected class, (2) she was subjected to an adverse employment decision, (3) she was qualified for the position, and (4 … DeKalb County, Ga., 62 F.3d 338, 340 (11th Cir.1995) (“The right to be free from retaliation is clearly established as a first amendment right and as a statutory right under Title VII; but no clearly established right exists

Moody v. Kaczmrek

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

While Moody’s reliance on these new assertions is understandable in the face of his clearly deficient Complaint, it is well-settled that “[p]laintiffs cannot . . . amend their complaint in an opposition brief or ask the … Though Moody has arguably set forth sufficient facts to establish the first element of his claim against Fulton, he still falls short of his burden.

Hulsing Enterprises, LLC, et al. v. Fazio Mechanical Services, Inc., et al.

District Court, N.D. Ohio · Oct 19, 2025

An expert witness must establish his expertise by reference to “knowledge, skill, experience, training or education” in order to qualify as an expert under Rule 702. … Evid. 702 as establishing “a standard of evidentiary reliability”).

Shield Club v. City of Cleveland

647 F. Supp. 274 · District Court, N.D. Ohio · Nov 5, 1986

The FOP adds that “the Guidelines clearly do not apply to scientific tests where results are measured by purely objective standards.” … an adverse impact upon the minority cadets ... and clearly creates an inference of discrimination under the Uniform Guidelines.