Case law

Gamble v. Zagara's Market Place

District Court, N.D. Ohio · Nov 25, 2019

Plaintiff's allegations clearly do not involve employment discrimination. He has not asserted a plausible claim under Title VII or Title I of the ADA. … Plaintiff states he has a disability but provides no information regarding the condition he believes to qualify him as disabled.

United States v. Empowering Integrated Care Solutions, LLC

District Court, N.D. Ohio · Mar 18, 2025

confronted with a similar scenario where the plaintiff opposed a motion to dismiss, but made no counter-argument to the defendant’s assertion that plaintiff’s state law claims were barred due to political subdivision immunity … Id. at 248 (“Clearly, the provisions of R.C. 4113.52(A)(1) contemplate that the employer shall be given the opportunity to correct the violation.

Benton v. City of Cleveland

District Court, N.D. Ohio · Mar 13, 2020

Immunity Defendant Lam argues that he is immune from liability because Benton has not demonstrated any constitutional violation. … To establish deliberate indifference, the plaintiff ordinarily “‘must show prior instances of unconstitutional conduct demonstrating that the [municipality] has ignored a history of abuse and was clearly on notice that

Invacare Corp. v. Sperry Corp.

612 F. Supp. 448 · District Court, N.D. Ohio · Oct 2, 1984

Negligence in a business setting is clearly actionable, cf. First National Bank v. Small Business Administration, 429 F.2d 280, 287 (5th Cir.1970); United States v. … Plaintiff equates the sale and servicing of computer systems with established theories of professional malpractice.

Beiersdorfer v. LaRose

District Court, N.D. Ohio · Aug 30, 2019

The Lucas County Board of Elections notified the Clerk of Toledo City Council that the minimum number of votes necessary to qualify the Bill for the ballot had been surpassed. Jd. … The Ex Parte Young exception to immunity does not apply to Plaintiffs’ separation of powers claim. '° A dismissal on the basis of Eleventh Amendment sovereign immunity is a dismissal for lack of jurisdiction, and

Campbell v. Cordova

District Court, N.D. Ohio · Feb 22, 2024

Standard of Review It is well-established that federal courts are courts of limited jurisdiction and have an obligation to examine their own jurisdiction. FW/PBS, Inc. v. … Analysis Here, Petitioner-Plaintiff’s complaint clearly sets forth the remedy sought and the reasons for it—thereby requiring the Court to examine the domestic relations exception.

In re Chas. M. Ingersoll Co.

119 F. Supp. 868 · District Court, N.D. Ohio · Jan 5, 1954

Coleman is the duly elected, qualified, and acting Trustee of said bankrupt. (2) That the John Deere Plow Co. of Columbus, Ohio, answering defendant and cross-petitioner, is and was at all times herein an Ohio corporation … In reviewing findings of fact, the court may not disturb the Referee’s findings unless it finds them to be clearly erroneous.

Cooley v. Lincoln Electric Co.

776 F. Supp. 2d 511 · District Court, N.D. Ohio · Mar 7, 2011

And that’s what I want to establish, Mr. … Hillrichs is clearly a manufacturing defect case and not a warnings case.

Record Revolution No. 6 v. City of Parma, Ohio

492 F. Supp. 1157 · District Court, N.D. Ohio · Apr 14, 1980

Clearly, this is not an innocent transaction. … Defendant’s evidence, on the other hand, established that there are items clearly identifiable as being primarily adapted or designed for the use of controlled substances.

DeCrane v. Eckart

District Court, N.D. Ohio · May 13, 2020

Qualified Immunity Defense The individual Defendants contend that their liability is barred by qualified immunity because Plaintiff cannot satisfy his burden of identifying a case … clearly establishing that their actions violated the First Amendment.

Associates Insurance v. Whittington

170 F. Supp. 2d 763 · District Court, N.D. Ohio · May 2, 2001

Summary judgment should be granted if a party who bears the burden of proof at trial does not establish an essential element of their case. Tolton v. … SGIC was not a named insured but Indemnity never disputed that SGIC and Linko qualified as additional insureds.

Riveredge Dentistry Partnership v. City of Cleveland

District Court, N.D. Ohio · Dec 21, 2022

The District argued that the complaint failed to establish a claim of negligence because the allegations established that the District did not design, construct, or locate the stormwater basins and the grant agreement disclaimed … The District alternatively argued that it was immune from tort liability under Ohio’s sovereign immunity statute, Ohio Rev. Code § 2744 et seq.3 Id. at 6–13. Riveredge filed an opposition brief.

Mitzel v. Tate

59 F. Supp. 2d 705 · District Court, N.D. Ohio · Jul 9, 1999

The testimony of the pathologist, corroborated by the overwhelming circumstantial evidence, Petitioner’s first three confessions, and Petitioner’s own testimony, clearly establishes Petitioner’s guilt. … Adelman was not qualified as an expert on weapons. (T.P. 173). Dr.

King v. Steward Trumbull Memorial Hospital, Inc.

District Court, N.D. Ohio · Apr 22, 2021

Accordingly, King cannot establish that she was a “qualified” individual under Ohio’s anti- discrimination statute. … Id. at 783. 26 Cehrs is clearly distinguishable from the instant case.

Payne v. Sloan

District Court, N.D. Ohio · Jan 16, 2020

The Court determines that the Magistrate Judge’s decision was not clearly erroneous or contrary to law. … Moreover, compliance with procedural rules does not qualify as an exceptional circumstance as the Magistrate Judge rightly pointed out. Accordingly, Petitioner’s objection is overruled. D.

Davis v. Balson

461 F. Supp. 842 · District Court, N.D. Ohio · Sep 28, 1978

Thus, it could be argued that plaintiffs have established more than a mere stigmatization. However, it is clear from the holdings in Board of Regents v. … However, the record establishes that regular searches for contraband are conducted by the ward attendants (Tr. at 654 — 55). 8 .

P.I. & I. Motor Express, Inc. v. RLI Insurance Company

District Court, N.D. Ohio · Dec 27, 2019

In fact, Marshall’s employment status was a central issue to the workers’ compensation proceeding in order to establish the hierarchy of which parties would be liable for payment. … However, a statutory employer stands in the same position as a direct employer, and may claim the defense of workers’ compensation immunity.

Johnpillai v. Chambers-Smith

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

The only question for me to determine is whether Plaintiff should pay the entire fee at once, or whether he qualifies for pauper status and should be permitted to pay the fee in installments over time. 28 U.S.C. § 1915 … A plaintiff must also establish a subjective element showing the prison officials acted with a sufficiently culpable state of mind. Id.

Kimball v. Village of South Russell, Ohio

District Court, N.D. Ohio · Feb 6, 2025

It is well established, however, that employees can waive their rights to these Loudermill pre-termination hearings. … None of these statements, however, evince any actual malice on part of the Defendants and cannot serve to overcome Defendants’ qualified immunity to comment on the job performance of a former employee to prospective employers

Burgess

District Court, N.D. Ohio · Aug 6, 2026

GCRTA argues that “[s]he must establish, as she has pled, that GCRTA misapplied its discipline policy” and “she must establish that she challenged the misapplication of the CBA using the CBA’s mandatory grievance and arbitration … GCRTA argues that “the ADA does not provide disabled employees immunity from lawful workplace discipline.” (Doc. No. 28, PageID #1024.)