Case law

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.

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.

Davis v. City of Cleveland

District Court, N.D. Ohio · Feb 28, 2024

These allegations suffice to establish that Davis’s PFB is a physiological disorder affecting his skin. … in identifying jobs for which he could qualify.”

Gibson v. Stark County

District Court, N.D. Ohio · Sep 23, 2021

Courts are not required, however, to accept as true factual allegations that are clearly irrational or wholly incredible. Denton v. Hernandez, 504 U.S. 25, 33, 112 S. Ct. 1728, 118 L. … To establish a violation under § 1983, a plaintiff must show that a person acting under color of state law deprived him or her of rights, privileges, or immunities secured by the 3

Hinchcliff v. Clarke

230 F. Supp. 91 · District Court, N.D. Ohio · Aug 1, 1963

There is not the slightest doubt that the testimony of the accountant and the agent clearly establishes that prior to the issuance of the summons the agent examined all and copied some of the documents and data which are … the property of the taxpayers, and further clearly establishes that the summons sought the production of documents of the taxpayers, which documents clearly come within the limitations of Section 7605(a) and (b) of Title

Phillips v. Philip Morris Companies Inc.

290 F.R.D. 476 · District Court, N.D. Ohio · Mar 21, 2013

interests affected by the conduct at issue.”); Blankenship, 161 Ohio Misc.2d at 16 , 944 N.E.2d 769 (noting that the Lanham Act, like the DTPA, applies to natural persons, as well as corporations, and that it is still “well established … As set forth above, the CSPA is clearly directed at consumers and “prohibits unfair, deceptive, and unconscionable practices in consumer sales transactions.”

Robinson v. Butler

District Court, N.D. Ohio · Mar 11, 2025

time-barred, the Court cannot say that Defendants clearly establish the untimeliness of this claim. … Eleventh Amendment immunity “extends to State agents and instrumentalities, like ODRC.” Id. (citing Beil v. Lake Erie Corr. Records Dep’t, 282 F. App’x 363, 366 (6th Cir. 2008)).

Mason v. Eddy

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

Moreover, the Eleventh Amendment bars § 1983 actions against a State unless the State has waived its immunity or unless Congress exercised its power to override that immunity. Id. at 66; Ernst v. … Rising, 427 F.3d 351, 358-59 (6th Cir. 2005) (states are immune from suit absent waiver of immunity or abrogation of immunity by Congress).

Monus v. Lambros

286 B.R. 629 · District Court, N.D. Ohio · Sep 17, 2002

In order to appeal a bankruptcy court’s order, a litigant must qualify as a “person aggrieved” by the order. Morgenstem v. … The complexity of the litigation coupled with the probability of success clearly indicated that entering a settlement was in the best interest of the estate.

Malvasi v. Warden David W. Gray

District Court, N.D. Ohio · Sep 25, 2024

To establish the first predicate, the petitioner “must identify a ‘clearly established’ principle of ‘Federal law’ that” has been established by a holding of the Supreme Court. Fields v. … Clearly, flight from a crash scene qualifies as a type of flight. State v. Miller, 7th Dist.

Carovac v. Deepwood Center

District Court, N.D. Ohio · Sep 9, 2020

Defendants maintain they are entitled to a qualified privilege. The Court agrees. … Plaintiff’s Complaint fails to set forth facts establishing statements made with malice so as to deprive defendants of the qualified privilege of revealing to CareWorks the existence of the recording.

Taylor v. Perini

413 F. Supp. 189 · District Court, N.D. Ohio · Apr 9, 1976

Current practices at M.C.I. clearly violate this provision of the Regulation. … This regulation also establishes the office of Inmate Liaison Officer and establishes procedures for the operation of that office.

Standard Oil Co. v. United States

63 F. Supp. 48 · District Court, N.D. Ohio · Oct 2, 1945

It was incorporated solely for the purpose of protecting the name Continental in certain States where Continental was not qualified to do business. It had only nominal capitaliza *58 tion. … The sales were for a legitimate business purpose and clearly not for the sole and independent purpose of evading the payment of taxes.

Bloodworth v. Pouperd

District Court, N.D. Ohio · Mar 10, 2022

“Eighth Amendment jurisprudence clearly establishes that ‘deliberate indifference to serious medical needs of prisoners constitutes the “unnecessary and wanton infliction of pain”’ that is violative of the Constitution. … No. 1 at 6-7), does not establish a violation of Bloodworth’s constitutional rights. See, e.g., Laney v.

Kareem

District Court, N.D. Ohio · Jun 3, 2026

Immunity The County Defendants also argue they are immune from suit under the Eleventh Amendment. (R. 26, PageID 329-31). See Alden v. … Plaintiff contends the BOE is not entitled to immunity because it has not established that it is an arm of the state. (R. 33, PageID 622- 25). However, case law confirms it is. See e.g., Beiersdorfer v. LaRose, 397 F.

In re Alexander

193 F. 749 · District Court, N.D. Ohio · Dec 21, 1911

An examination of the record clearly indicates that Mr. Meek was the agent of Alexander. … Meek could not object to the jurisdiction of the court, I think is established by In re Fogelman (D. C.) 188 Fed. 755 , 26 *754 Am. Bankr. Rep. 742; Babbitt, Trustee, v. Dutcher, 216 U. S. 102 , 30 Sup. Ct. 372, 54 L.

Brauer v. Pannozzo

232 F. Supp. 2d 814 · District Court, N.D. Ohio · Nov 14, 2002

Despite the perhaps inartful use of the term partial summary judgment for this type of activity, it is now well-established that a court may grant partial summary judgment that establishes the existence of certain facts or … Even though the term “partial summary judgment” is a misnomer, Rule 56 clearly empowers a court to enter summary judgment which decides only the issue of liability and allows for a trial on the matter of damages.

Huff v. Firstenergy Corp.

972 F. Supp. 2d 1018 · District Court, N.D. Ohio · Sep 17, 2013

In an opinion and order dated February 20, 2013, 2013 WL 639328 , the Court dismissed the judicial defendants from this action on the basis of judicial immunity. (Doc. … Racketeering Activity “Racketeering activity” is defined in 18 U.S.C. § 1961 (1) as any one of a numerous list of state and federal offenses that qualify as racketing activity.

McGlone v. Gompert

112 F. Supp. 840 · District Court, N.D. Ohio · Jun 12, 1953

Lantz, having been duly appointed and qualified by the Probate Court of Sandusky county, Fremont, Ohio. Defendant Clara Gompert is the sole legatee and devisee of the estate of Martha A. … Here the communications are clearly privileged from disclosure at the instance of a third person.

Chao v. First National Lending Corp.

516 F. Supp. 2d 895 · District Court, N.D. Ohio · Mar 31, 2006

The parties agree that the work performed by the loan officers is clearly an integral part of the Defendants’ business, and that Defendants oversaw the loan officers compliance with RE SPA and other industry regulations. … In this case, the Defendants have failed to establish that they acted in good faith.