Case law

Reed v. Rhodes

934 F. Supp. 1492 · District Court, N.D. Ohio · Apr 26, 1996

Consequently, plaintiffs qualify as a “prevailing party” to the degree of their contribution in formulating the May 16,1995 agreement. … From the foregoing observations, the Court concludes that, absent justification to the contrary, “the fee applicant bears the burden of establishing an entitlement to an award[.]” Hensley v.

Bazdar v. Koppers Co., Inc.

524 F. Supp. 1194 · District Court, N.D. Ohio · Oct 28, 1981

In granting the right to sue, the legislature has established a reasonable time limitation upon the exercise of the right. … An insidious disease is one that develops so gradually as to be well established before becoming apparent.

Jackson v. Anderson

141 F. Supp. 2d 811 · District Court, N.D. Ohio · May 9, 2001

Under [§ 2254(d) ], a federal court may grant a writ of habeas corpus if the relevant state-court decision was either (1) “contrary to ... clearly established Federal law, as determined by the Supreme Court of the United … States,” or (2) “involved an unreasonable application of ... clearly established Federal law, as determined by the Supreme Court of the United States.”

Coles v. Johnny Appleseed Broadcasting Company

District Court, N.D. Ohio · Aug 18, 2020

To establish a prima facie case of disability discrimination for failure to accommodate, Plaintiff must demonstrate all of the following: (1) she is disabled under the ADA; (2) she is otherwise qualified for the position … For the following reasons, the Court agrees with Defendants that Plaintiff’s failure to accommodate claim fails because she cannot establish that she was an “otherwise qualified individual” under

Taylor v. Canton, Ohio Police Dept.

544 F. Supp. 783 · District Court, N.D. Ohio · Aug 11, 1982

It is well established that the fact that Gotschall may have been off duty at the time this incident occurred is irrelevant to a determination whether he was acting under color of state law. See Stengel v. … Further, the Court finds that Gotschall is not entitled to conditional immunity.

Homes-Naples v. Girard Board of Education

212 F. Supp. 2d 743 · District Court, N.D. Ohio · Nov 30, 2001

To establish a prima facie case of discrimination, a plaintiff must show that: 1) she is a member of a protected class; 2) she was qualified for her job and performed it satisfactorily; 3) despite her qualifications and performance … The uncontested portions of the Superintendent’s affidavit clearly establish that Plaintiffs transfer from a building custodian position to an assistant custodian position was the result of a reduction in force due to Defendant

Yedes v. Oberlin College

865 F. Supp. 2d 871 · District Court, N.D. Ohio · Mar 23, 2012

“It is well established that the burden is on an employment discrimination plaintiff to establish a prima facie case of discrimination.” Mitchell v. Toledo Hosp., 964 F.2d 577, 582 (6th Cir.1992) (citations omitted). … First, a plaintiff may establish a prima facie case of discrimination by showing that (1) he was a member of a protected class; (2) he suffered an adverse employment action; (3) he was qualified for the position; and, (4)

District 2, Marine Engineers Beneficial Ass'n v. Adams

447 F. Supp. 72 · District Court, N.D. Ohio · Nov 18, 1977

By instructing the Coast Guard to keep in mind the three-watch requirement of § 673, the regulation clearly indicates that § 673 limits § 222, and not vice-versa. … Therefore, plaintiff cannot establish the requisite amount in controversy by reference to the penalty provision of § 673. 3 .

Princeton Excess And Surplus Lines Insurance Company v. Caraballo

District Court, N.D. Ohio · May 21, 2024

In one of these motions, Catholic Charities argued that it was entitled to political subdivision immunity with respect to all the Estate’s claims against it. (Id.) … The damages that the Rodriguez family suffered by the loss of their brother, Jordan clearly exceeded $900,000.00.

Freier-Heckler v. Wilkie

District Court, N.D. Ohio · Feb 28, 2022

There also should be no dispute that she was qualified for the Assistant Chief position. … The rubber band incident, though clearly inappropriate, occurred once during the several years she held the position at issue.

Newton v. Meijer Stores Ltd. Partnership

347 F. Supp. 2d 516 · District Court, N.D. Ohio · Dec 8, 2004

Though Newton argues that “the employer clearly knew about the plaintiffs filed EEOC charge because they had to answer to it and provide details to the investigative team,” (Doc. … The prima facie case for race discrimination requires Newton to show (1) that he was a member of a protected class; (2) that he suffered an adverse employment action; (3) that he was qualified for his position; and (4) that

Merriman v. Mays

District Court, N.D. Ohio · Aug 20, 2020

Doe, 519 U.S. 425, 429 (1997) (applying Eleventh Amendment immunity to state agencies and instrumentalities); Will v. Mich. … A claim lacks an arguable basis in law or fact when it is premised upon an indisputably meritless legal theory or when the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327.

Madrigal v. Bagley

276 F. Supp. 2d 744 · District Court, N.D. Ohio · Aug 5, 2003

“Instead, the correct inquiry is ‘whether the state court’s application of clearly established federal law was objectively unreasonable.’” … Hill, 337 F.3d at 715 (finding that clearly established Supreme Court precedent establishes that confessions made a co-defendant inculpating not only himself but his co-criminals are “inherently unreliable” and not within

Tullis v. UMB Bank, N.A.

464 F. Supp. 2d 725 · District Court, N.D. Ohio · Nov 21, 2006

Each of these claims is clearly related to the Plan, and Plaintiffs essentially conceded this point when they declined to dispute pre *729 emption in their Memorandum in Opposition. … imposing personal financial liability on fiduciaries under circumstances such as this — where there was no unjust enrichment, unlawful possession, or self-dealing — would seriously deter plan formation and the service of qualified

Ogletree v. Cleveland State University

District Court, N.D. Ohio · Aug 22, 2022

At the outset, the parties contest whether the remote virtual room scans at issue qualify as searches within the meaning of the Fourth Amendment. … There, the court considered whether social workers who conducted a warrantless home visit in a child abuse investigation were entitled to qualified immunity.

Hoffman v. O'Malley

District Court, N.D. Ohio · Apr 20, 2020

Further, Defendants argue that they enjoy the protections of privilege and immunity. Moreover, if the Defamation claim fails, so does Plaintiffs’ False Light claim. … Additionally, Defendants maintain that their statements are protected by qualified privilege in the discharge of a public duty.

Enyart v. Coleman

29 F. Supp. 3d 1059 · District Court, N.D. Ohio · Jul 11, 2014

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.” … established federal law. 1.

Chester v. Quadco Rehabilitation Center

484 F. Supp. 2d 735 · District Court, N.D. Ohio · Apr 20, 2007

Plaintiffs termination letter clearly states, ‘Tour last day of work is April 5, 2004” (Zuver Dep. Ex. 21). … Defendants do not dispute that the additional four to eight weeks to care for his wife, who was suffering from a severe health condition, is a qualifying FMLA reason.

Adams v. Bradshaw

484 F. Supp. 2d 753 · District Court, N.D. Ohio · Apr 24, 2007

Lane, 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989), to help guide federal courts as to what qualifies as “clearly established Federal law.” Williams, 529 U.S. at 412 , 120 S.Ct. 1495 . … The Court stated “[w]hatever would qualify as an ‘old rule’ under Teague will constitute ‘clearly established Federal law, as determined by [this] Court.’ ” Id.

Wuliger v. Christie

310 F. Supp. 2d 897 · District Court, N.D. Ohio · Mar 30, 2004

However, since the promoter/insurance agent was the defendant and his activities were simply ministerial, the investments could not qualify as a security. … A contract for the issuance or transfer of a security may qualify as a sale under the securities laws even if the contract is never fully performed. Yoder v.