Case law

Root v. Decorative Paint Incorporated

District Court, N.D. Ohio · Jul 16, 2025

But “[i]t is well established . . . that failure to raise an affirmative defense by responsive pleading does not always result in waiver.” Moore, Owen, Thomas & Co. v. … County of Oakland, 652 F.2d 671 (6th Cir.1981) (affirmative defense not waived, even though not specifically pleaded, where defense clearly appears on face of the pleading and is raised in motion to dismiss). 992 F.2d

Kovacs v. University of Toledo

District Court, N.D. Ohio · Jan 10, 2024

The Sixth Circuit also noted that the plaintiff’s unsuccessful performance of her job duties does not qualify as “opposition” in any event. Id. at 749. … Just because her job functions happened to involve affirmative action did not automatically qualify all of her actions as protected under Title VII. Id.

Voltz v. Chrysler Group LLC-UAW Pension Plan

63 F. Supp. 3d 770 · District Court, N.D. Ohio · Oct 22, 2014

The Plan Document A qualifying Chrysler employee may apply for Permanent and Total Disability Retirement (“PTDR”) under the Plan. Document. … There was some question of you having exhibiting [sic] a rash following inhalation exposure to colophony fumes; this is less clearly established.

Estate of Taylor v. St. Paul Fire & Marine Insurance

268 F. Supp. 2d 873 · District Court, N.D. Ohio · Sep 19, 2002

Under Scott-Pontzer, Edna Taylor is clearly an insured under the St. Paul policy. … Paul also highlights numerous provisions of the policy under which the plaintiffs do not qualify as insureds. While apparently true, these assertions have absolutely no bearing on the question before the Court.

Iron Workers Local Union No. 17 Insurance Fund v. Philip Morris, Inc.

35 F. Supp. 2d 582 · District Court, N.D. Ohio · Feb 3, 1999

The Consent Judgment also establishes a procedure for the dissemination of the documents. … Because privileges obstruct the search for truth, federal courts should be wary to find privilege except when the same is clearly shown.

Ritter

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

And again, such assertions are marginal because Yurchuk and Bloom clearly informed Ritter the reasons he would not be considered for a third TVP job. iii. … , with the burden returning to plaintiff to establish pretext.

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

912 F. Supp. 1051 · District Court, N.D. Ohio · Nov 20, 1995

To the extent here relevant, the Sixth Circuit remanded the case to develop a record under Ohio law and “to determine whether the evidence clearly and convincingly establishes that the parties did not intend the release to … The FWPCA, inter alia, established the NPDES [National Pollutant Discharge Elimination System] permit program. 33 U.S.C. § 1342 .

Tanner v. Wells Fargo Bank, N.A.

District Court, N.D. Ohio · Dec 10, 2020

Here, Plaintiff has not alleged any facts to establish that she had an “informal relationship” with Wells Fargo. … App'x 159, 164 (6th Cir. 2015) (“Loan modification requests do not qualify as QWRs [“qualified written requests”] because they do not relate to the loan’s servicing”); see also Smallwood v.

Swartz v. Oracle Corp.

787 F. Supp. 2d 686 · District Court, N.D. Ohio · Apr 12, 2011

The Sixth Circuit has established a three-part test to determine whether a defendant is subject to specific personal jurisdiction in Ohio. … Swartz has since moved to Ohio, that does not establish a basis for personal jurisdiction over Ariba in Ohio.” (Mot. Dism. at 3.) The Court agrees.

Grimes

District Court, N.D. Ohio · Apr 22, 2026

Although Grimes mentions the word retaliation in his complaint, his complaint does not clearly outline a separate retaliation claim See Doc. 41. … To establish a prima facie failure-to- accommodate claim a plaintiff “must show that (1) [he] was disabled …; (2) [he] was otherwise qualified for [his] position, with or without a reasonable accommodation

Oatey Co. v. Ips Corp.

665 F. Supp. 2d 830 · District Court, N.D. Ohio · Sep 30, 2009

Graham and KSR qualify the role of secondary considerations to some extent: in Graham , the Supreme Court said that the court “may” consider secondary considerations, 383 U.S. at 17 , 86 S.Ct. 684 , and it confirmed this … [unless] those embodiments are clearly disclaimed in the specification ... or prosecution history .... ” Oatey, 514 F.3d at 1276-77 .

Sommerville v. Heckler

615 F. Supp. 166 · District Court, N.D. Ohio · May 31, 1985

The Magistrate clearly relied on the Uniform Parentage Act in writing his report and recommendation of this case. On May 16, 1985, defendant filed her objections to the Magistrate’s report and recommendation. … Explaining the reason for the different “qualifying criteria," the Court wrote that a diminishing number of states have not yet seen fit to cease punishing children because the parents were never married, and ... some means

Johnson v. Mohr

District Court, N.D. Ohio · Nov 5, 2019

The ODRC Defendants argue they are entitled to qualified immunity because Johnson does not present evidence that any of his constitutional rights were violated. … Johnson is not entitled to the entry of default because his allegations do not establish that the NEOCC Defendants are liable for any violation of his rights.

Hatcher v. Cuyahoga Metropolitan Housing Authority

District Court, N.D. Ohio · Jun 13, 2022

Discrimination CMHA asserts that Hatcher cannot establish a prima facie case of discrimination because she did not remain qualified for the Service Person V position and … In response, Hatcher asserts that she was qualified for the plumber role and also that she need not identify a replacement because CMHA’s behavior towards Hatcher was clearly racist. (Doc. No. 32, PageID# 659-61.)

Reed v. Wainwright

District Court, N.D. Ohio · Jul 25, 2023

Reed does not cite any clearly established federal law requiring the prosecution to introduce evidence that undercuts its own arguments. … The Report and Recommendation says that no clearly established federal law governs state joinder. Reed objects to that conclusion.

Undiandeye v. Jackson

District Court, N.D. Ohio · Oct 22, 2019

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

Armour v. State of Ohio

775 F. Supp. 1044 · District Court, N.D. Ohio · Sep 27, 1991

The state's apportionment policies established within its constitution require that the integrity of political subdivisions be respected whenever possible. In this case, those policies were clearly violated. … Second, the testimony clearly indicates while Dr.

CITY OF ASHTABULA v. Norfolk Southern Corp.

633 F. Supp. 2d 519 · District Court, N.D. Ohio · Jun 17, 2009

Because *529 OAC Rule 3745-15-07 “limits the quantity ... of air pollutants” it qualifies as an emission standard or limitation under § 7602(k) of the CAA. … Here, Plaintiffs complaint clearly sets out facts raising a dispute of federal law that invokes subject matter jurisdiction in this Court.

Bell v. St. Regis Paper Co., Container Division

425 F. Supp. 1126 · District Court, N.D. Ohio · Dec 27, 1976

Johnson’s only training *1133 which would qualify her to so testify is her experience as an investigator for the E.E. O.C. During the testimony of Ms. … As previously indicated, the specific issues in question in this action have not been clearly delineated by the parties.

Roberts v. County of Mahoning

495 F. Supp. 2d 694 · District Court, N.D. Ohio · May 25, 2006

On the contrary, it is the plain duty of the sheriff to obey and enforce and to command his subordinates to obey and enforce the rules established by the court." … How this is done Inmates who qualify, depending on the seriousness of their crimes, either serve time when jail space is available or have their sentences converted or suspended by judges.