Case law

All Pro Brace, LLC v. United States Department of Health and Human Services

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

CMS provides health coverage for qualified individuals via Medicare and Medicaid. (Id. at ¶ 4.) … The court concluded that this unequivocal language, “combined with the broad range of subjects expressly immunized from review,” indicated Congress’s intent to institute the Competitive Bidding Program “without risk of

United States v. Universal Management Services, Inc.

999 F. Supp. 974 · District Court, N.D. Ohio · Dec 22, 1997

However, clearly a different evidentiary standard applies in the summary judgment context. … Clearly, all of these actions would be undertaken if Defendants’ products were exported.

Peace v. Director, Ohio Department of Rehabilitation and Correction

District Court, N.D. Ohio · Dec 31, 2020

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. … Parties As an initial matter, the ODRC is an agency of the State of Ohio and therefore is immune from suits for damages.

In Re Goodyear Tire & Rubber Co. Erisa Litigation

438 F. Supp. 2d 783 · District Court, N.D. Ohio · Jul 6, 2006

They also allege that these Defendants did not ensure that the appoin *789 tees were qualified, competent, properly educated, and accurately informed. (Compl.n 114-116). … It is well-established that an employer who also acts as an ERISA fiduciary is said to wear “two hats.” Sengpiel v. B.F. Goodrich Co., 156 F.3d 660, 665 (6th Cir.1998) (citation omitted).

Jones v. Hill

District Court, N.D. Ohio · Jan 3, 2025

For that reason, the Magistrate Judge determined that Petitioner failed to show that the State court adjudication was contrary to clearly established Supreme Court precedent. See Coley v. … Nothing in the record overcomes the presumption that counsel discharge their duties in a sufficiently effective manner or shows that the State courts applied the Strickland standard unreasonably or contrary to clearly established

City of Cleveland v. Cleveland Electric Illuminating Co.

538 F. Supp. 1227 · District Court, N.D. Ohio · Jan 15, 1980

Both rules are qualified or rejected when their application would contravene an overriding public policy or result in manifest injustice. Title v. … It is well established that in a Section 105c proceeding, it is not necessary to show an actual violation of the antitrust laws....

United States v. City of Parma, Ohio

494 F. Supp. 1049 · District Court, N.D. Ohio · Jun 5, 1980

The record clearly establishes that Mayor Petruska received information about Section 8 housing. … Their public statements clearly establish that they equated public and low-income housing with housing for blacks.

Burton v. Selker

36 F. Supp. 2d 984 · District Court, N.D. Ohio · Feb 24, 1999

The letter from Eugene Selker to Union Planters Bank clearly identifies Burton as a co-purchaser. The Receipt of Sale identifies Burton as a co-payor. … Defendant points to cases which, though not directly on point, establish that under certain circumstances attorneys are immune from damages to third persons when acting in good faith on behalf of a client.

Park-Ohio Holdings Corp. v. Liberty Mutual Fire Insurance

142 F. Supp. 3d 556 · District Court, N.D. Ohio · Oct 30, 2015

This is particularly true when considering provisions that purport to limit or qualify coverage under the policy.” 20 Coverage analysis largely turns on the damages sought. 21 If the damages are for the insured’s own work … To establish equitable estoppel, Plaintiffs must show “(1) a factual‘misrepresentation, (2) -which is misleading, (3) and induces reasonable and good faith reliance, (4) to the detriment of the relying party.” 43 Plaintiffs

Hale v. Village of Madison

493 F. Supp. 2d 928 · District Court, N.D. Ohio · Jun 21, 2007

Sample are immune from liability under O.R.C. § 2744, Ohio’s Political Subdivision Tort Liability Act. … The liability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.

General Tire & Rubber Co. v. Firestone Tire & Rubber Co.

349 F. Supp. 345 · District Court, N.D. Ohio · Oct 3, 1972

It qualifies, therefore, neither as prior public knowledge nor prior public use. … The answer is clearly, no; the clear, unambiguous language of the contract excludes the license Firestone seeks.

McConocha v. Blue Cross and Blue Shield of Ohio

898 F. Supp. 545 · District Court, N.D. Ohio · Aug 29, 1995

The Certificate defines copayment as a percentage of the “provider’s reasonable charge for covered services” as established between BCBSO and the hospital. … According to defendant, MeCono-cha and Engel do not qualify for equitable relief because Engel was listed as an employee for benefits purposes for six months after he left ISDN.

Serafin v. Brown

District Court, N.D. Ohio · Jul 11, 2023

Code § 2315.18(B)(2), arguing that Plaintiff does not qualify for either of the statutory exceptions to Ohio’s noneconomic damages cap. Ohio Rev. … Accordingly, the Court finds that the jury is in the best position to determine whether Plaintiff’s injuries qualify as permanent and substantial physical deformities under Ohio Rev.

Harper v. University of Toledo

District Court, N.D. Ohio · Mar 29, 2024

Specifically, Defendant asserts Plaintiff cannot establish a prima facie case of discrimination because (1) she was not qualified for the position due to her failure to complete the pre-employment requirements and … These statements clearly represent that Plaintiff was a licensed attorney.

Heights Community Congress v. Hilltop Realty, Inc.

629 F. Supp. 1232 · District Court, N.D. Ohio · Nov 30, 1983

Perry was qualified by agent Phyllis Williams while Mrs. Blaser was qualified by agent John Mayfield. … This is clearly not discouragement based on race that is prohibited by section 3604(a). *1281 D.

Carolina Casualty Ins. v. Sharp

940 F. Supp. 2d 569 · District Court, N.D. Ohio · Apr 16, 2013

“An attorney is immune from liability to third persons arising from his performance as an attorney in good faith on behalf of, and with the knowledge of his client, unless such third person is in privity with the client or … Despite edits by Attorneys Miller and Levin, the resulting language clearly indicates a proposal, counterproposal and makes no mention of an acceptance.

Scott v. Great Lakes Cheese Co., Inc.

District Court, N.D. Ohio · Sep 6, 2019

To establish a prima facie case of age discrimination, Scott must show that (1) he was a member of the protected class, that is, over forty (40) years of age; (2) he was discharged; (3) he was qualified for his position … Scott was an at-will employee, a fact that is clearly expressed in GLC’s employee handbook.

Akhigbe v. University of Akron

District Court, N.D. Ohio · Mar 29, 2024

To establish a prima facie case, the plaintiff must show that he or she: (1) was a member of a protected class; (2) suffered an adverse employment action; (3) was qualified for the position; and (4) was replaced by someone … Both were qualified for their positions as professors at UA. 11 Defendant argues, “[]Plaintiffs cannot establish the fourth prong.

Kiser v. Ohio Dept. of Rehab & Corrections

District Court, N.D. Ohio · Feb 28, 2020

An action has no arguable basis in law when the Defendant is immune from suit or when the Plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327. … A Plaintiff must also establish a subjective element showing the prison officials acted with a sufficiently culpable state of mind. Id.

Jones v. Wittenberg

440 F. Supp. 60 · District Court, N.D. Ohio · Jul 29, 1977

Unless highly qualified persons are hired, trained, and retained in these positions and their functions are adequately and clearly delineated, the projected program will fail to realize its full potential. … Immunization with Td in current needle users. Serologically, syphilis has a long incubation period and is not detectable until the infection has been established.