Case law

Larca v. United States

302 F.R.D. 148 · District Court, N.D. Ohio · Jul 28, 2014

asserts that the medical care and all medical records pertaining to the alleged negligence that are available to the plaintiff after reasonable inquiry have been reviewed by a person that the complainant will seek to have qualified … As it did for Rule 23 and class actions, the Supreme Court has quite clearly stated that complaints filed in federal district courts are judged by Rule 8 (or Rule 9) and Twombly, Iqbal, and their progeny.

Chandler v. Cleveland Metropolitan School District Board of Education

District Court, N.D. Ohio · Sep 13, 2019

To explain the discrepancy, the Court describes what qualifies as an adverse employment action. … behavior cannot immunize that employee from those petty slights or minor annoyances that often take place at work and that all employees experience.”87 “The standard for showing a materially adverse action is not onerous

Chapman v. Collins

District Court, N.D. Ohio · Apr 19, 2022

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. … 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 Constitution or laws of the United States.

Lathan v. Rutter

District Court, N.D. Ohio · Jun 7, 2021

The United States, as a sovereign, is immune from suit unless it explicitly waives its -7- immunity. United States v. Sherwood, 312 U.S. 584, 590-91, 61 S. … Sovereign immunity therefore bars Plaintiff’s claims. 2.

Midland Funding LLC v. Brent

644 F. Supp. 2d 961 · District Court, N.D. Ohio · Aug 11, 2009

Brent clearly questions the validity of the debt. … This, however, is clearly not the violation in question.

Callan v. AutoZone Stores LLC

District Court, N.D. Ohio · Jan 24, 2022

Further, Callan takes the “qualifying exigency” language out of context. … Clearly, this provision is inapplicable here.

Ogletree v. Cleveland State University

District Court, N.D. Ohio · Dec 20, 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.

Senter v. Hillside Acres Nursing Center of Willard, Inc.

335 F. Supp. 2d 836 · District Court, N.D. Ohio · Sep 14, 2004

Yet the drafters of the ADA and its subsequent interpretive regulations clearly intended that plaintiffs who are mistakenly regarded as being unable to work have a cause of action under the statute. … Likewise, “it is generally a jury question whether a perceived class of jobs is substantial enough to qualify as a ‘broad class.’ ” Cotter v. Ajilon Servs., Inc., 287 F.3d 593, 599-600 (6th Cir.2002).

Rosenberger, Jr. v. John Ma

District Court, N.D. Ohio · Mar 8, 2022

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. … Consequently, “[i]t is to be presumed that a cause lies outside this limited jurisdiction, and the burden of establishing the contrary rests upon the party asserting jurisdiction.” Kokkonen v. Guardian Life Ins.

Alabasi v. City of Lyndhurst

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

Their failure to ascertain their names within the limitations period means that they failed to initiate a § 1983 action against any qualifying individual within the limitations period. See Brumlow v. … Because the Court finds that the allegations fail to state a cause of action, it need not consider whether defendants would be entitled to immunity under Ohio law.

Braun v. Northern Ohio Bank

430 F. Supp. 367 · District Court, N.D. Ohio · Feb 17, 1977

Such a showing is necessary to establish the “in connection with the purchase or sale of any security” element of a Rule 10b-5 action. … The distinction between the concepts of loss and transaction causation is clearly more helpful in some situations than in others.

Sharp v. Ashtabula County Sheriff's Office

District Court, N.D. Ohio · Jun 5, 2023

The Offer Letter also clearly stated “[i]f you choose to decline the dispatch position I am requesting your resignation from the department upon the completion of your FMLA leave.” … McDonnell Douglass Analysis In order for Plaintiff to establish a prima facie case of sex-based discrimination, she must show that (1) she was pregnant; (2) she was qualified for

United States v. Insurance Board of Cleveland

144 F. Supp. 684 · District Court, N.D. Ohio · Aug 14, 1956

This is clearly .erroneous. As used in Section 1013 (b). the word “chapter” is synonymous with the word “act” as used in the text of the legislation adopted by Congress. … Ed. 1533 , different criteria have long applied to qualify the rights of an individual seller.” However, in neither Columbia Steel nor in Times-Picayune was there an issue of group refusal to deal.

Equal Open Enrollment Ass'n v. Board of Education

937 F. Supp. 700 · District Court, N.D. Ohio · Aug 28, 1996

The Akron City School District is clearly a public entity and the Board has consistently stated that it enacted its policy against white transfers pursuant to Ohio Revised Code Section 3313.98(F). … This policy is clearly a racial classification and as such, is subject to strict scrutiny. City of Richmond v. J.A.

In re Polyurethane Foam Antitrust Litigation

178 F. Supp. 3d 635 · District Court, N.D. Ohio · Apr 13, 2016

Appellate courts have reached different conclusions regarding what qualifies as “costs on appeal.” … The $30,463 in lost interest is clearly a type of “damages” caused by the appeals; thus, it too should be included in the bond.

Allen v. MCI Telecommunications Corp.

707 F. Supp. 309 · District Court, N.D. Ohio · Sep 20, 1988

The facts as alleged by Allen present for consideration two interdependent issues that are not clearly distinguished by either party. … Having identified no such contract and no such promise, the Court is not persuaded by these and other arguments intended to establish a contract breach or promissory estoppel.

Makar v. Cleveland Clinic Foundation

District Court, N.D. Ohio · Mar 11, 2021

Prima facie To establish a prima facie case of employment discrimination, a plaintiff must demonstrate that: (1) he is a member of a protected class; (2) he was qualified … To establish a claim of retaliatory discrimination, a plaintiff first must establish a prima facie case by showing that: “1) the plaintiff engaged in an activity protected by Title -13-

Threesome Entertainment v. Strittmather

4 F. Supp. 2d 710 · District Court, N.D. Ohio · Mar 27, 1998

The Ordinance is clearly within Vermilion’s police powers. … Cheraso, 43 Ohio App.3d 221 , 540 N.E.2d 326, 329 (1988) (“[i]t is well-established' that when a statute reads, ‘No person shall * * *,’ absent any reference to the requisite culpable mental state, the statute is clearly

Harkless v. Blackwell

467 F. Supp. 2d 754 · District Court, N.D. Ohio · Dec 28, 2006

Thus, plaintiffs have not established associational standing. … The following paragraphs of this rule delineate the requirements established by the secretary of state.

Johnson v. Koppers Co., Inc.

524 F. Supp. 1182 · 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. … The wrongful death action was treated previously inasmuch as the two year limitation period was created as part of a qualifying restriction on the right to bring a wrongful death action.