Case law

Hosseinipour v. Cook

District Court, N.D. Ohio · Mar 11, 2024

An action has no arguable basis in law when a Defendant is immune from suit or when a Plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327. … To establish diversity of citizenship, the Plaintiff must establish that he is a citizen of one state and all of the Defendants are citizens of other states.

Mahaley v. Cuyahoga Metropolitan Housing Authority

355 F. Supp. 1257 · District Court, N.D. Ohio · Feb 22, 1973

Persons receiving such assistance are among those who qualify for admission to CMHA housing. Actually there may be more. … Clearly, there is a need in each. community within the territorial jurisdiction of CMHA.

Avery Dennison Corp. v. Juhasz

924 F. Supp. 2d 893 · District Court, N.D. Ohio · Feb 20, 2013

The argument that only an applicant who hits every skill or qualification requirement in the job description could be qualified for the position is unpersuasive. … Because Avery Dennison has not established a likelihood it will succeed on the merits of its breach of contract claim, it cannot establish a likelihood of success on its tortious interference with contract claim.

Fazekas v. Cleveland Clinic Health Care Ventures, Inc.

29 F. Supp. 2d 839 · District Court, N.D. Ohio · Dec 4, 1998

The per visit rate established by CCFHCV was different depending on four designated types of home visits. 1 However, the per visit rate established by CCFHCV constituted plaintiffs’ total compensation for each patient visit … D) (“We concur ... that the proposed pay plan would qualify as compensation on a ‘fee’ basis within the meaning of Part 541.313.”)

Williams v. Provident Investment Counsel, Inc.

279 F. Supp. 2d 894 · District Court, N.D. Ohio · Aug 15, 2003

Thus, when some clearly established aspect of common law is not incorporated, the omission would appear intended.”). … To the extent that it informed the trustees and Midwest about the problems with a wrap fee account, it clearly was aware of those risks itself.

Morataya v. Metro RTA

District Court, N.D. Ohio · Jul 28, 2020

Feb. 15, 2005) (“The unsworn statements alleged to be incorporated by reference in the interrogatory answer are clearly nothing more than hearsay that would not be admitted at trial for substantive purposes” and “is not … Plaintiff’s claims under the ADA and the 12 For the same reasons, the Court declines to reach the question of whether Jones is entitled to statutory immunity under Ohio Rev.

United States v. LTV Steel Co., Inc.

118 F. Supp. 2d 827 · District Court, N.D. Ohio · Sep 20, 2000

In 1970, Congress amended the Clean Air Act to require the EPA to establish “National Ambient Air Quality Standards” [“NAAQS”]. See 42 U.S.C. §§ 7408 , 7409. … Indeed, this statutory language would have been unnecessary if, once a violator paid a penalty to any enforcement entity, it was immune from enforcement actions by any other sovereign.

International Union, United Automobile, Aerospace, & Agricultural Implement Workers v. Park-Ohio Industries, Inc.

661 F. Supp. 1281 · District Court, N.D. Ohio · May 1, 1987

That language clearly established that taking retirement status was a requirement for eligibility. Such language is absent from the case at bar; Plis, then, has little persuasive force in this action. … Apponi clearly controls this Court, which must dismiss plaintiffs’ pendent promissory estoppel claims and treat those claims as part of the § 301 cause of action.

Quilter v. Voinovich

794 F. Supp. 760 · District Court, N.D. Ohio · May 5, 1992

This is clearly not a case where the district court was vested with the responsibility of maintaining the status quo with regards to elections of members to the Ohio General Assembly. … In the event that my first reason is found to be without merit, I believe this Court should decline jurisdiction over ruling on what are clearly state, not federal, issues.

Joseph Skillken and Company v. City of Toledo

380 F. Supp. 228 · District Court, N.D. Ohio · Aug 28, 1974

In this light and based upon the overwhelming evidence introduced, the Court finds, notwithstanding the attempts by the City to defend its actions, that the plaintiffs have clearly and convincingly met their burden of establishing … This Court finds it clearly distinguishable.

Everson v. Blue Cross and Blue Shield of Ohio

898 F. Supp. 532 · District Court, N.D. Ohio · Jun 15, 1994

Defendant argues that plan documents clearly reveal that negotiated discounts are for the benefit of BCBSO only. … “Plan sponsor” is defined as “the employer in the case of an employee benefit plan established or maintained by a single employer.” Id.

Kendel v. Local 17-A United Food & Commercial Workers

835 F. Supp. 2d 421 · District Court, N.D. Ohio · Dec 5, 2011

City of Cleveland, 464 F.3d 584, 596 (6th Cir.2006) (finding that a “denial of money” qualified as a materially adverse action in a Title VII retaliation case); Harris v. … Because the Conversion Counterclaim was reasonably related to Kendel’s “original” and sepa *434 rately filed, i.e. gender discrimination claims against Local 17-A, Defendant Local 17-A contends that it is entitled to absolute immunity

Westwood Chemical, Inc. v. Molded Fiber Glass Body Co.

380 F. Supp. 517 · District Court, N.D. Ohio · Oct 25, 1973

But it had no transferable immunity in manufacture. … Rochow’s discussion of phenyltrichlorosilane seems clearly mistaken or at least misleading. As his starting point, Dr.

Johnson v. Lane

374 F. Supp. 2d 595 · District Court, N.D. Ohio · Jun 23, 2005

As the Supreme Court explained in Williams, “clearly established Federal law, as determined by the Supreme Court of the United States” refers to the holdings of the Supreme Court, as opposed to its dicta, as of the time for … While “ ‘[one] may not know or altogether understand the imponderables which cause one to think what he thinks, *601 ... surely one who is trying as an honest [person] to live up to the sanctity of his oath is well qualified

Gibson v. J.P. Morgan Chase Bank, N.A.

District Court, N.D. Ohio · Jul 8, 2020

In every federal case, the party bringing the suit has the burden to establish standing to prosecute the action. … To establish a prima facie case under 42 U.S.C. § 1983, a 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 States v. Demjanjuk

518 F. Supp. 1362 · District Court, N.D. Ohio · Jun 23, 1981

Government’s Exhibit 5 is an identification card clearly stating that “Iwan Demjanjuk is employed as a guard in the Guard Units (Wachmannschaften) of the Reich Leader of the SS for the Establishment of SS and Police Headquarters … If qualified, the refugee was granted IRO assistance. *1379 Next, the refugee sought to qualify as an eligible displaced person under the DPA.

Cook v. Peters

District Court, N.D. Ohio · Feb 26, 2024

Plaintiff seeks damages for each day “held beyond qualifying for a CARES Act release.” Id. … 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.

Arsam Co. v. Salomon Bros.

142 F.R.D. 659 · District Court, N.D. Ohio · Mar 4, 1992

Moreover, should necessity dictate, this Court could establish sub-classes which would alleviate the problems anticipated by the defendants. … One’s “status as a sophisticated investor renders him neither devoid of the protection of the securities law nor immune to injury by misrepresentation.” Modell v. Eliot Savings Bank, 139 F.R.D. 17, 22 (D.Mass.1991).

Elder

District Court, N.D. Ohio · Feb 11, 2026

Thus, there does not seem to be an established past practice. … Plaintiff argues that “a cursory review of the ODRC’s reasons for promoting Glass compared to both Glass’ and Elder’s qualifications easily establish that Elder was more qualified.” (Doc. No. 33, PageID #1384.)

Jones v. American Tobacco Co.

17 F. Supp. 2d 706 · District Court, N.D. Ohio · Apr 23, 1998

The industry hid their research from the courts by sending the data through their legal departments, their lawyers asserting that the results were immune to disclosure in litigation because they were the privileged product … Some of today’s cigarettes may, in fact, qualify as high technology nic *713 otine delivery systems that deliver nicotine in precisely calculated quantities — quantities that are more than sufficient to create and sustain