Case law

Sutton v. Ohio Department of Rehabilitation and Corrections

District Court, N.D. Ohio · Jul 17, 2023

Beyond the added burden for the first prong, “[t]he second and third prongs remain familiar: that [she] was qualified for the job and suffered an adverse employment action, respectively. . . . … However, Title VII’s antiretaliation provision protects an individual only “from retaliation that produces an injury or harm”, and “[a]n employee’s decision to report discriminatory behavior cannot immunize that employee

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.

United States v. 2007 Bmw 335i Convertible

648 F. Supp. 2d 944 · District Court, N.D. Ohio · Aug 7, 2009

It is a well-established procedural rule in the Sixth Circuit that failure to raise an argument in a motion acts as a waiver of that argument. See Scottsdale Ins. Co. v. … Accordingly, the Court clearly would be justified in refusing to address the Claimants’ untimely Rule 41(a)(2) arguments.

USA Parking Systems, LLC v. Eastern Gateway Community College

District Court, N.D. Ohio · Feb 1, 2022

Code § 2744.02 (Ohio’s sovereign immunity statute does not waive immunity for intentional torts). … Code § 2744.01(C)(2)(g) (“the . . . operation of buildings that are used in connection with the performance of a governmental function” qualifies as a governmental function).

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.

Abel v. Marlin Manufacturing

District Court, N.D. Ohio · Sep 22, 2025

Here, Plaintiff has not alleged that Warren is his “employer” or that he independently qualifies under the statutory definition of employers under the ADA. … While the Court notes that the Sixth Circuit has adopted two tests to establish a “clear identity of interest,” see Alexander v.

Baltimore & OR Co. v. Reaux

59 F. Supp. 969 · District Court, N.D. Ohio · May 2, 1945

Co., 68 Ohio St. 9 , 67 N.E. 93 , 64 L.R.A. 405 , 96 Am.St.Rep. 635 , Syllabus 1 reads, in part, as follows: “An association, established by a railway company, composed of some or all of its employes and the company, for … That law, decisive and conclusive as to this case, is well and clearly stated in the case of Ringler v. Ringler, 156 Md. 270 , 144 A. 221 . In that case, as here, the Baltimore and Ohio Railroad.

Shears v. FirstEnergy Corp.

District Court, N.D. Ohio · Sep 26, 2024

To prove disability discrimination under this framework, a plaintiff must first establish a prima facie case by showing: (i) he or she is disabled; (ii) he or she is otherwise qualified for the position, with or without … However, even accepting as true that each of Plaintiff’s timesheet errors resulted from alleged confusion due to his diabetes, Sixth Circuit law clearly establishes that Defendant would still be able to terminate Plaintiff

Hopson v. Warden Belmont Correctional Institution

District Court, N.D. Ohio · Oct 20, 2021

A United States magistrate judge in another jurisdiction has concluded that the SDOH Case lacks merit and has recommended dismissal of that action on two grounds—failure to state a claim and judicial immunity.3 (See SDOH … courts of appeals and state supreme court so that those courts have the opportunity to address the legal and factual basis for each claim) 4 The district court can and must raise the exhaustion issue sua sponte when it clearly

Shibe v. Cardinal Credit Union, Inc.

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

And Defendant does not dispute that Plaintiff was qualified for her position. (See Doc. No. 22 at 381-82; Doc. No. 28 at 851-52.) … The employer must “clearly set forth, through the introduction of admissible evidence, the reasons for the [adverse action].” Burdine, 450 U.S. at 255.

Fulgenzi v. PLIVA, Inc.

140 F. Supp. 3d 637 · District Court, N.D. Ohio · Oct 23, 2015

Accordingly, the Court determined’ that “regardless of how Plaintiff attempts to cast these'claims, they are, at the core, failure-to-warn claims that are clearly preempted by Mensing.” (Id. at 2428.) … Sobo-lewski testified slightly less definitively when responding to the question of whether she had reviewed the PLIVA warning by adding to her “no” the qualifier “not that I recall.” (Sobolewski Dep. at 8257.)

Toledo Rys. & Light Co. v. McMaken

17 F. Supp. 338 · District Court, N.D. Ohio · Oct 31, 1936

McMaken, as the duly appointed and qualified administratrix of the estate of William V. … We can see clearly from the subsequent record that that was then the state of mind of counsel. These motions of April 3, 1922, were vulnerable to an attack to strike from the files.

Reed

District Court, N.D. Ohio · Mar 27, 2026

The Court's authority to grant a motion to dismiss because it is unopposed is “well established,” and Plaintiff’s “failure to respond” could be treated “as a confession to” the Motion’s merit. Demsey v. R.J. … First, that he was deprived a right, privilege, or immunity secured by the Constitution or federal law. See Gregory v. Shelby Cty., Tenn., 220 F.3d 433, 441 (6th Cir. 2000) (citing Flagg Bros. v.

Beene v. St. Vincent Mercy Medical Center

111 F. Supp. 2d 931 · District Court, N.D. Ohio · Jun 20, 2000

Beene’s alleged call to the doctor, and that the 5.5 reading clearly was noted in the laboratory section of the medical chart. In another case involving another patient, Ms. Baumgartner learned that Ms. … A prima facie case of discriminatory treatment requires plaintiff to show that: 1) she is a member of a protected class; 2) she is qualified for the position in question; 3) in spite of her qualifications, plaintiff was suspended

Equal Employment Opportunity Commission v. Sundance Rehabilitation Corp.

328 F. Supp. 2d 826 · District Court, N.D. Ohio · Jul 26, 2004

Alternatively, the EEOC argues it has established a prima facie case of retaliation under each of these statutes with indirect evidence. … Clearly, this case exemplifies those circumstances in which the EEOC acts on behalf of a group of people for the public interest, albeit at the prompting of an individual.

Andrews v. Lecats Ventriloscope LLC

District Court, N.D. Ohio · Mar 9, 2022

“An employer is entitled to summary judgment on one of the affirmative defenses only if the record shows that [it] established the defense so clearly that no rational jury could have found to the contrary.” Foco v. … This evidence fails to establish a defense under the statute so clearly that a jury could only rule in Defendants’ favor.

El v. CBE Group, Inc.

District Court, N.D. Ohio · Jul 14, 2023

However, the “ACCOUNT SUMMARY (Balance Due)” section of the Debt Notice clearly indicates there is a “Balance Due” in the amount of $3,116.40. (ECF No. 16-3, Debt Notice at PageID #154). … The Sixth Circuit held that in order to establish liability for such conduct, defendants must be “debt collectors” as defined in the Act. Id.

Dixon v. Coleman

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

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. … This absolute “judicial immunity is an immunity from suit, not just from ultimate assessment of damages” and cannot be “overcome by allegations of bad faith or malice.” Mireles v. Waco, 502 U.S. 9, 11 (1991).

United States v. El-Nobani

145 F. Supp. 2d 906 · District Court, N.D. Ohio · May 2, 2001

INS, 157 F.3d 106 (2d Cir.1998) (stating *911 this proposition based on the “established practice of the Bureau of Immigration Affairs” and discussing § 212(c) relief at great length); Wallace v. … AEDPA broadened the category of crimes that made aliens ineligible for § 212(c) rebef; nevertheless, El-Nobani would still have qualified for § 212(c) rebef under AEDPA alone.

Immormino v. Lake Hospital System, Inc.

127 F. Supp. 3d 829 · District Court, N.D. Ohio · Aug 31, 2015

An employee has the initial burden of establishing a prima facie case. McDonnell Douglas Corp., 411 U.S. at 802 , 93 S.Ct. 1817 . … employment action; .3) she was qualified for the position; and 4) that circumstances support an inference of discrimination.