Case law

City of Toledo v. Beazer Materials & Services, Inc.

923 F. Supp. 1013 · District Court, N.D. Ohio · Feb 14, 1996

City relies on this Donahey language: The evidence clearly established that Livingstone had the authority to prevent the contamination of the property by his corporation; thus, as a matter of law, Livingstone was a responsible … Fortunately, however, the case law provides us with criteria for identifying those who qualify as “operators” under CERCLA. FMC Corp., 29 F.3d at 843 .

Ohio Manufacturers' Ass'n v. City of Akron

628 F. Supp. 623 · District Court, N.D. Ohio · Feb 7, 1986

To strike down a state’s health and safety regulation, Congress’ intent must be clearly manifested. Southern Pacific Co. v. … With the floor established, states are free to enact more stringent requirements via a § 18(c) approved plan.

Lorens v. Catholic Health Care Partners

356 F. Supp. 2d 827 · District Court, N.D. Ohio · Jan 13, 2005

This.well-established presumption is grounded in the elementary proposition that the principal function of a legislature is not to make contracts, but to make laws that establish the policy of the state. Id. … Rather, it permits the IRS to sue tax-exempt organizations that may no longer qualify for tax exemption. 26 U.S.C. § 7428 .

Oliver v. Budish

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

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. … Plaintiff must also establish a subjective element showing the prison officials acted with a sufficiently culpable state of mind. Id.

Walker v. United States of America

District Court, N.D. Ohio · Mar 18, 2021

The FTCA, as a limited grant of jurisdiction, excludes certain tort claims from its sovereign immunity waiver. See 28 U.S.C. § 2680. … “It is clearly settled that a plaintiff can invoke jurisdiction under the FTCA ‘only if the complaint is facially outside the exceptions [set forth in the FTCA].’” Miller v.

King-Malone

District Court, N.D. Ohio · Nov 21, 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. Neitzke, 490 U.S. at 327. … She has not established the elements for a malicious prosecution claim.

Wyandot, Inc. v. United States

District Court, N.D. Ohio · Sep 30, 2022

The Government contends that Wyandot has not satisfied the conditions established to waive the Government’s immunity from suit and this failure deprives the Court of subject matter jurisdiction. (Doc. No. 11 at 1). … Due to this failure, Wyandot cannot establish that the government waived its sovereign immunity.

New York Life Insurance v. Wittman

813 F. Supp. 1287 · District Court, N.D. Ohio · Feb 2, 1993

These facts, the court believes, are well established. … This, it is believed, clearly misconstrues the Pope opinion.

Steed

District Court, N.D. Ohio · Feb 24, 2026

Steed asserts that she “has clearly articulated public policy apart from civil rights laws or the State’s whistleblower statute.” (Id. at PageID #771.) … is made to “someone outside of the qualified privilege.”

United States v. Union Cheese Co.

902 F. Supp. 778 · District Court, N.D. Ohio · Jul 12, 1995

Listeriosis is a disease particularly threatening to persons with compromised immune systems (e.g. the elderly), to pregnant women and to the unborn and newborn. … B.Defendants have selected and retained a person other than an employee of Union Cheese Company who, by reason of training and experience, is qualified to make inspections of defendants’ facility and such person makes one

Hoskins

District Court, N.D. Ohio · Nov 14, 2025

(holding that the dismissal standard articulated in Ashcroft 2 The complaint does not clearly identify who Mark Hoskins is. … Even so, Hoskins has pleaded insufficient facts to establish a prima facie case capable of stating a plausible claim for relief.

Bender v. United States

246 F. Supp. 189 · District Court, N.D. Ohio · Sep 10, 1965

The broker, a qualified real estate appraiser, appraised three residential properties which were adjacent to the leased premises. … The opinion of the Supreme Court clearly indicates, however, that it believed the ruling below to be correct, and affirmed the same on the questions presented.

Bell v. BOARD OF ED., AKRON PUBLIC SCHOOLS

491 F. Supp. 916 · District Court, N.D. Ohio · Apr 7, 1980

For the scattered site program, the housing authority actually purchases a dwelling and then rents to qualified tenants. In 1968 the housing authority established a centralized application office. … Under the section 8 program a qualified person receives a certificate which entitles him to a rent subsidy.

United States v. Summit Equipment & Supplies, Inc.

805 F. Supp. 1422 · District Court, N.D. Ohio · Sep 13, 1992

In order to establish liability, the government is not required to establish that the defendant was at fault or caused the release or threatened release that prompted the remedial action in question. … regular practice of that business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation all as shown by the testimony of the custodian or other qualified

Waggoner v. U.S. Bancorp

110 F. Supp. 3d 759 · District Court, N.D. Ohio · Jun 24, 2015

Defendant notes that the job postings that plaintiffs have offered in support of their motion clearly include job duties — such as staffing, scheduling, and supervising subordinates — that would qualify the position for treatment … This showing establishes a colorable basis for their claim that a collective of similarly situated individuals exist.

Mulvin v. City of Sandusky

320 F. Supp. 2d 627 · District Court, N.D. Ohio · Jun 14, 2004

To establish his claim, plaintiff must show: 1. … Plaintiffs retaliation claims clearly fall outside the realm of “physical injuries” or “occupational diseases.” Id.

Shannahan v. B.F. Goodrich Aerospace Co.

993 F. Supp. 1107 · District Court, N.D. Ohio · Jan 6, 1998

That application clearly advised Plaintiff of his right to voluntarily leave Defendant’s employment at any time and, likewise, clearly advised Plaintiff of Defendant’s corresponding right to terminate him at any time. … This must be done by proving the following elements: (1) he was a member of a protected class; (2) he was terminated; (3) he was qualified for the position; and (4) he was replaced by someone outside of the protected class

Lettieri v. Northeast Ohio Correctional Center

District Court, N.D. Ohio · Nov 22, 2023

An action has no 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 § 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 States

Chase Bank USA, N.A. v. City of Cleveland

735 F. Supp. 2d 773 · District Court, N.D. Ohio · Aug 5, 2010

“While not a source of substantive rights, 42 U.S.C. § 1983 provides a remedy for the deprivation or unlawful violation ‘of any rights, privileges, or immunities secured by the Constitution and laws.’ ” Dorr v. … whether the plaintiff is the intended beneficiary of the statute; (2) whether the plaintiffs interests are not so “vague and amorphous that its enforcement would strain judicial competence;” and (3) whether the statute clearly

Nice v. City of Akron

District Court, N.D. Ohio · Feb 3, 2023

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 … Chicago, 777 F.3d 885, 889 (7th Cir. 2015) (“A complainant can plead himself out of court by including factual allegations that establish that the plaintiff is not entitled to relief as a matter of law.”).