Case law

Phillips v. Philip Morris Companies Inc.

298 F.R.D. 355 · District Court, N.D. Ohio · Feb 28, 2014

Plaintiff attempts to establish the appropriateness of certification under Rule 23(b)(3). … Current class counsel is clearly qualified to litigate a class action of this nature.

Hendrickson v. State of Ohio

District Court, N.D. Ohio · Feb 23, 2024

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’s failure to establish the “threshold element of . . . disparate treatment” dooms her claim. Id.

Goolsby v. Best in Neighborhood LLC

District Court, N.D. Ohio · Sep 29, 2022

Stockholders have a dual capacity of personal and business interests and can choose to benefit either; this warrants “judicial inquiry on the subject [because] fraud would enjoy an immunity awarded to it in no other.” … (“The evidence cited by the court of appeals below clearly shows that Roark did exercise control over RERC, but mere control over a corporation is not in itself a sufficient basis for shareholder liability.”).

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.

Prigmore v. DeJoy

District Court, N.D. Ohio · Jan 4, 2024

“In permitting federal employees to sue under Title VII, Congress conditioned the government’s waiver of sovereign immunity upon a plaintiff’s satisfaction of ‘rigorous administrative exhaustion requirements and time … When reviewed in light of the EEOC documents provided by Plaintiff herself clearly stating that she initiated contact on January 25, 2021, this undated and unverified document does not create a genuine issue of material

Comella v. St. Paul Mercury Ins. Co.

177 F. Supp. 2d 690 · District Court, N.D. Ohio · Jul 24, 2001

Therefore, there is no requirement in the umbrella policy that Pontzer had to be acting during the scope of his employment to qualify for underinsured motorist coverage. … modifications to subsection (A) of § 3937 .18 included: (1) the provision that "bodily injury” also included sickness and disease; (2) limits on the insured's right to recover when the owner of the uninsured motor vehicle had an immunity

Central Trust Co. v. Wheeling & L. E. R.

211 F. 515 · District Court, N.D. Ohio · Jan 5, 1914

An examination of the authorities clearly establishes this proposition. It is unnecessary to discuss all of the objections raised to’the validity and fairness of these contracts. … Also the control of the situation under this contract, as clearly appears from a mere reading of the contract.

Turk v. Oiler

732 F. Supp. 2d 758 · District Court, N.D. Ohio · Aug 11, 2010

It is well-established that grand jury proceedings are conducted in secret and information provided in the proceedings is kept confidential. … Ohio courts have specifically found that the names of health care providers are not subject to the physician-patient privilege because they do not qualify as “communications” for purposes of O.R.C. § 2317.02. Ingram v.

Zino v. Whirlpool Corp.

47 F. Supp. 3d 561 · District Court, N.D. Ohio · Sep 19, 2014

In addition, in comparison with the absence of any duration limitations with respect to retiree health benefits, other types of benefits provided under the 1992-1995, 1995-2000, and 2000-2003 Welfare Plans had clearly defined … Contract Language Section 3.01(c)(iv) of the 2003-2008 Welfare Plan provided: “With regard to qualifying employees who retire subsequent to December 9, 2003, the available medical benefits shall be those summarized in Exhibit

Brown v. Chambers-Smith

District Court, N.D. Ohio · Jul 21, 2021

Kerner, 404 U.S. 519, 520 (1972), and accept its factual allegations as true unless clearly irrational or wholly incredible. Denton v. Hernandez, 504 U.S. 25, 33 (1992). … First, with respect to all of Plaintiffs claims, it is well-established that relief in a civil rights action is not available where a prisoner seeks immediate or speedier release from his incarceration.

Cleveland & Buffalo Transit Co. v. Great Lakes S. S. Co.

250 F. 259 · District Court, N.D. Ohio · Apr 4, 1918

The subsequent movements of the Belgium are clearly established. … The evidence of Captain Murray, an experienced seaman, to this effect, is convincing, and the more or less guarded'and qualified opinions to the contrary, expressed by the Erie’s captain and by Captain McAlpin, do not, in

Chukwuani v. City of Solon, Ohio

District Court, N.D. Ohio · Aug 11, 2025

To establish a § 1983 claim, Plaintiff must assert a person acting under color of state law deprived him of rights, privileges, or immunities secured by the Constitution or laws of the United States. Graham v. … Plaintiff attaches to his complaint the affidavit establishing probable cause for his arrest warrant based on her report. (Doc. 1-2.)

Dunn

District Court, N.D. Ohio · Aug 21, 2026

A party asserting or disputing a fact must cite evidence in the record or show the record establishes either the absence or the presence of a genuine dispute. See Fed. R. Civ. P. 56(c) & (e). … The persuasiveness of this case is limited given the court was assessing overdetention in the qualified immunity context on a motion to dismiss.

White v. Commissioner of Social Security Administration

970 F. Supp. 2d 733 · District Court, N.D. Ohio · Sep 10, 2013

The social security regulations establish a two-step process for evaluating pain. See 20 C.F.R. § 404.1529 , SSR 96-7p. … OTHER ARGUMENTS Plaintiff advances three other arguments that he asserts establish that substantial evidence is lacking for the ALJ’s decision.

Swaney v. Marino

District Court, N.D. Ohio · Mar 10, 2021

. § 1915(e) if it fails to state a claim upon which relief can be granted, lacks an arguable basis in law or fact, or defendants are immune from 7 Doc. 3 at 3-4. … suit.11 A claim lacks an arguable basis in law or fact when it is premised upon an indisputably meritless legal theory or when the factual contentions are clearly baseless.12 The dismissal standard for Fed. R. Civ.

Interim Healthcare of Northeast Ohio, Inc. v. Interim Services, Inc.

12 F. Supp. 2d 703 · District Court, N.D. Ohio · Jul 23, 1998

Ohio Turnpike Comm’n, 913 F.Supp. 1031, 1038 (N.D.Ohio 1996) (“if the contract clearly and unambiguously precludes the alleged claim, dismissal is appropriate”). … Id: The Court previously determined plaintiffs cannot establish their fraud claim.

Lonardo v. Travelers Indemnity Co.

706 F. Supp. 2d 766 · District Court, N.D. Ohio · Jul 21, 2010

In addition, the Claims Administrator is *777 sued a public notice, established an informational website (http://www.lonardo settlement.com), and established a toll-free telephone number for the litigation. … In essence, a judgment must be “dead wrong” to qualify as being clearly erroneous.”)).

Pearson v. Firstenergy Corp. Pension Plan

76 F. Supp. 3d 669 · District Court, N.D. Ohio · Dec 31, 2014

Indeed, it is true that “[t]he Supreme Court clearly limited the applicability of § 1132(a)(3) to beneficiaries who may not avail themselves of § 1132’s other remedies.” Wilkins v. Baptist Healthcare. … plaintiff justifiably relied on the unambiguous terms of the Plan — plaintiff has alleged that defendants, or their predecessors in interest, repeatedly represented that plaintiff would have sufficient service years to qualify

Thomas v. Black

District Court, N.D. Ohio · Dec 11, 2024

Clearly established federal law is to be determined by the holdings (as opposed to the dicta) of the United States Supreme Court. See Parker v. … The state appellate court’s decision was neither an unreasonable application of, nor contrary to, clearly established United States Supreme Court case law.

McBroom v. BARNES & NOBLE BOOKSELLERS, INC.

747 F. Supp. 2d 906 · District Court, N.D. Ohio · Oct 8, 2010

In contrast to these cases, Plaintiff clearly put her supervisor on notice that she believed that she had been the victim of sexual harassment. 4 She made very specific references to sexually charged comments, coupled with … White, 548 U.S. 53 , 126 S.Ct. 2405 , 165 L.Ed.2d 345 (2006), the Supreme Court took an expansive view of the type of conduct that qualified as materially adverse: “[A] plaintiff must show that a reasonable employee would