Case law

Revco D.S., Inc. v. Government Employees Insurance

791 F. Supp. 1254 · District Court, N.D. Ohio · Aug 28, 1991

After Transit’s insolvency, Reveo qualified for relief from the Ohio Insurance Guaranty Association (“OIGA”). To qualify for such relief, Reveo had to affirm that there was no other insurance presently available. … First, the First State policy clearly is a policy for excess umbrella liability insurance.

Barnette v. Bunting

District Court, N.D. Ohio · Oct 28, 2021

For the other three grounds, Petitioner failed to establish that the state court decision was contrary to, or involved an unreasonable application of, clearly established federal law.12   … A petition “qualifies as second or successive only if it challenges a previously challenged judgment” authorizing the petitioner’s confinement.14 Under 28 U.S.C. § 2244(b)(3), a petitioner

In Re Ferro Corp. Erisa Litigation

422 F. Supp. 2d 850 · District Court, N.D. Ohio · Mar 21, 2006

The Plans also qualify as eligible individual account plans (“EIAP”) within the meaning of 29 U.S.C. § 1107 (d)(3)(A). Ferro makes matching contributions to the Plans. Id. at ¶24 . … Indeed, the Savings Plan contained an ESOP component and ERISA requires that an ESOP invest “primarily in qualifying employer securities.” 29 U.S.C. § 1107 (d)(6)(A).

Gamble v. Marc's Corporate Office

District Court, N.D. Ohio · Sep 9, 2019

Plaintiff's allegations clearly do not 2- | pertain to discrimination in employment; accordingly, he has asserted no plausible claim under either Title VII or Title I of the ADA. … The plaintiffs complaint does not allege facts sufficient to establish a prima facie claim.

Gauntner v. Doyle

554 F. Supp. 2d 779 · District Court, N.D. Ohio · Apr 29, 2008

However, if the facts of the case are undisputed, then one of the parties is clearly entitled to summary judgment. Atlantic Richfield Co. v. Monarch Leasing Co., 84 F.3d 204, 206 (6th Cir.1996). IV. … Discussion In their complaint, the Gauntners assert that under the FDCPA, Doyle is a debt collector, that their alleged debt qualifies as a consumer debt, and that they are consumers.

Tipton

District Court, N.D. Ohio · Sep 2, 2026

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. … To establish a prima facie case under 42 U.S.C. § 1983, Plaintiff must assert that a person acting under color of state law deprived him of rights, privileges, or immunities secured by the Constitution or laws of the United

Patterson v. Kent State University

District Court, N.D. Ohio · Sep 30, 2024

To establish a violation of the Rehabilitation Act, Plaintiff must show: (1) that they are either disabled or perceived to be disabled within the definitions of the statutes; (2) that they were qualified to perform their … so to qualify it as an adverse action.

Anderson v. Teledyne Industries, Inc.

798 F. Supp. 1309 · District Court, N.D. Ohio · Jul 2, 1992

The Plan clearly contemplates that a participant is entitled to only one retirement benefit from the Plan. … (Id. at 9) The evidence establishes that defendant did indeed choose to eliminate this benefit as early as 1989. However, this court cannot agree that this choice complied with the Treasury Regulations.

US CITIZENS ASSOCIATION v. Sebelius

754 F. Supp. 2d 903 · District Court, N.D. Ohio · Feb 28, 2011

It will clearly have to be enforced. See Commonwealth of Pennsylvania v. … There are clear, important, and well-established differences between the two. See Dep’t of Revenue of Montana v.

Tenpenny v. United States

490 F. Supp. 2d 852 · District Court, N.D. Ohio · May 14, 2007

surprisingly, the Defendants response to this alternative argument questions how the Plaintiff can claim not to have received any notice, while simultaneously claiming that her responses to whatever the government sent her qualifies … Clearly, the issue presented is more complex. III. CONCLUSION For the reasons outlined briefly below, the Defendants’ motion for summary judgment is GRANTED in part and DENIED in part.

Ohio Citizen Action v. City of Seven Hills

35 F. Supp. 2d 575 · District Court, N.D. Ohio · Feb 2, 1999

Therefore, in the interests of justice and fairness to the parties, the Court will employ a de novo standard rather than the “clearly erroneous” or “abuse of discretion” standards. … In that letter, Plaintiff informed Defendant that it was a “non-profit Ohio corporation, qualified as a social welfare organization under section 501(c)(4) of the IRS code.”

Briley v. United States

189 F. Supp. 510 · District Court, N.D. Ohio · Nov 7, 1960

The Court held that expenditures made prior to receipt of rental income in 1947 were chargeable against such income and qualified as amounts paid or incurred for the management, conservation or maintenance of property held … This payment, being allocable to the period after assignment of the lease and shares, clearly was not deductible as a maintenance expense.

J.L. Spoons, Inc. v. O'Connor

190 F.R.D. 433 · District Court, N.D. Ohio · Dec 28, 1999

American Civil Liberties Union, 521 U.S. 844 , 117 S.Ct. 2329, 2344 , 138 L.Ed.2d 874 (1997) (no basis for qualifying the level of scrutiny applied to the Internet). … “It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined” such that a person of ordinary intelligence cannot readily identify whether the enactment proscribes

Welsch v. Empire Plastics, Inc.

42 F. Supp. 2d 748 · District Court, N.D. Ohio · Mar 8, 1999

In Whisman , the plaintiff had accrued enough service with his employer to qualify for a “30-And-Out” Teamsters Pension which he began drawing in February 1986 at the age of 49. Id. … The Novation Agreement clearly prohibits employees from securing their *756 retiree medical benefits and continuing their employment with Empire.

Bowen v. General Motors Corp. AC Spark Plug Division

542 F. Supp. 87 · District Court, N.D. Ohio · Mar 1, 1979

Failing to transfer and promote qualified Negro employees as sales representatives because of their race. c. … The letter granting Johnson his leave clearly stated that he would be given a position only if there was a suitable one available. Jones and Johnson are black. DISCUSSION AND CONCLUSIONS OF LAW A.

Hill v. MR. MONEY FINANCE CO.

491 F. Supp. 2d 725 · District Court, N.D. Ohio · Jun 15, 2007

Money as a subprime lender for the purpose of providing loans to customers who would normally not qualify for bank loans because they presented unusual credit risks. … If the plain meaning of the language clearly expresses the meaning Congress intended, the judicial inquiry ends there. See United States v.

Norfolk Southern Railway Co. v. Jacobs

549 F. Supp. 2d 990 · District Court, N.D. Ohio · May 5, 2008

Under Ohio law 1 , when an individual signs an agreement without clearly identifying the corporation for which the person intended to sign, that person is exposed to individual liability for that agreement. … The Court has herein found that the Lease clearly entitles Norfolk Southern to the cost of utilities and taxes (when the proper amount is proven).

Prida v. Option Care Enterprises, Inc.

District Court, N.D. Ohio · Jul 17, 2025

No. 24 ¶ 68), it argues that because it “dispute[s] that [Prida] can establish the first element of a prima facie case under Title VII . . . it necessarily follows that [it] also dispute[s] that [Prida] can establish the … “[G]uarded” or “qualified” statements do not qualify. Id.

Columbia Gas Transmission, LLC v. Crawford

746 F. Supp. 2d 905 · District Court, N.D. Ohio · Oct 29, 2010

Accordingly, under Ohio state law, Interden and Roman Well’s leasehold interests qualify them as “owners.” C.f. Allendorf v. … Columbia Gas says that it has always sought the Defendants’ leasehold production rights in the Clinton Sandstone Formation, that it clearly stated so in its complaint, and that its position has not changed.

Saint-Gobain Autover USA, Inc. v. Xinyi Glass North America, Inc.

707 F. Supp. 2d 737 · District Court, N.D. Ohio · Apr 13, 2010

The cavalier manner in which Xinyi treated its potential liability for infringing upon the Saint Gobain patents clearly weighs in favor of a finding of enhancement. … Xinyi challenges this evidence, noting that the trial testimony established that Xinyi did not knowingly set its prices in an effort to drive Saint Gobain out of the market.