Case law

Bates v. University Hospitals Health System, Inc.

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

Legitimate, Nondiscriminatory Reason UHHS’s burden at this stage is simply to “clearly set forth, through the introduction of admissible evidence, the reasons” for the adverse action. … In order to establish a prima facie case of disability discrimination, Plaintiff must demonstrate that she is (1) disabled; (2) otherwise qualified for the position and sought; and (3) excluded from the position under

Miller v. State of Ohio, Stark County Prosecutors Office

District Court, N.D. Ohio · Dec 9, 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. … DISCUSSION As an initial matter, the State of Ohio has sovereign immunity from suits for damages.

Speicher v. Hill

District Court, N.D. Ohio · Sep 12, 2024

Petitioner was denied his right to confront witnesses and the State Courts’ application of law laws unreasonable based upon clearly established federal law, such to violate his Constitutional rights.28 … A state court’s decision is “contrary to” clearly established federal law “if the state court arrives at a conclusion opposite to that reached by [the Supreme] Court on a question of law or if the state court decides a

Phillips v. Acacia on the Green Condominium Association, Inc.

District Court, N.D. Ohio · Oct 7, 2020

AGCAI was established in 1980 when the buildings were converted from an apartment complex to condominiums. … Rather, the issue before the Court is whether Defendants’ actions violate the FHAA and RC § 4112.02. 13 The immune deficiency that Weiss has is circular vascular immune deficiency (CVID). Doc. 49-2, p. 3, ¶ 11.

Secretary of U.S. Department of Labor v. Kavalec

District Court, N.D. Ohio · Jan 25, 2021

In addition, “[a] preliminary injunction is an extraordinary remedy which should be granted only if the movant carries his or her burden of proving that the circumstances clearly demand it.” … The Secretary contends that, upon Kavalec’s resignation, the Secretary will propose a “qualified independent fiduciary for appointment by the Court,” which would prevent further harm to the Fund.

Walker v. Cedar Fair. L.P.

District Court, N.D. Ohio · Sep 24, 2024

Plaintiffs clearly meet the numerosity requirement. Plaintiffs also meet the adequacy of representation requirement. … Both parties clearly understood Mandi Stewart’s capacity as a purchaser of her daughter’s pass.

Custom Rubber Corp. v. ATS Specialized, Inc.

633 F. Supp. 2d 495 · District Court, N.D. Ohio · Jan 7, 2009

Custom Rubber does not dispute these agency relationships or suggest that these agency relationships were in any way restricted or qualified. … Clearly, [the plaintiff], as the wronged party, should benefit from the insurance for which it paid when purchasing [the goods].

Taylor v. Perini

446 F. Supp. 1184 · District Court, N.D. Ohio · Dec 5, 1977

The council indicated the need for a trained food service supervisor for the cafeteria. 10-3-76 On 12-17-76, the administration agreed to appoint a qualified person to fulfill this need. … These works have been examined by the Special Master, and they clearly fall within the scope of legitimate political expression.

Wilson Marine Transit Co. v. Pennsylyania-Ontario Transportation Co.

191 F. Supp. 210 · District Court, N.D. Ohio · May 23, 1960

experiments he had conducted with the facilities at his disposal, including data as to the construction and characteristics of the vessels involved herein, arid, because of his education, training and experience, he was qualified … By reviewing, again and again, the evidence in this case, and recognizing that liability must rest on fault, I have concluded that the proof fails to establish who was at fault.

Newbury Local School District Board of Education v. Geauga County Metropolitan Housing Authority

584 F. Supp. 949 · District Court, N.D. Ohio · Dec 22, 1982

The County Commissioners are locally-based and qualified to determine county requirements. The plaintiffs do not argue the contrary. … Therefore, HUD’s interpretation of 42 U.S.C. section 1437c(e), which favors acceptance of cooperation agreements executed by county governments, is not clearly erroneous inasmuch as the policies and substantive requisites

Bobo v. Rose

District Court, N.D. Ohio · Sep 30, 2019

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. … A plaintiff must first plead facts which, if true, establish that a sufficiently serious deprivation has occurred. Id.

Gregory v. Sheldon

District Court, N.D. Ohio · Aug 8, 2019

As an initial matter, the evidence does not even qualify as newly discovered as it was known to Gregory at the time of trial.3 See Townsend v. Sain, 372 U.S. 293, 317, 83 S. Ct. 745, 9 L. … The Court cannot find that the state appellate court’s resolution of this claim “was ‘contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by’ decisions from [the Supreme

Youngblood v. Board of Commissioners of Mahoning County, Ohio

District Court, N.D. Ohio · Sep 9, 2019

The CBA must “clearly and unmistakably” require the parties to arbitrate the specific claims at issue. Id. at 274. … Defendants insist that these allegations are insufficient to demonstrate that she qualifies for protection as a whistleblower under Ohio law.

Arends v. Family Solutions of Ohio, Inc.

District Court, N.D. Ohio · Feb 22, 2021

A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify … Power Co., 497 F.3d 573, 576 (“Renfro II”) (6th Cir.2007) (holding that an employer must establish all three elements of the defense with regard to its employees in order to prevail).

Commodigy OG Vegas Holdings, LLC v. ADM Labs,et al.

District Court, N.D. Ohio · Mar 2, 2020

In considering district courts’ equitable powers, the Supreme Court noted “the well-established general rule that a judgment establishing the debt was necessary before a court of equity would interfere with the debtor’s … Plaintiff asserts that loss of its business qualifies as irreparable harm. (Id.)

Realeflow, LLC v. Manry

District Court, N.D. Ohio · Mar 8, 2021

Rather, the decision must fly in the face of clearly established legal precedent. … Respondents interpret § 2.5 to require Realeflow to establish a copyright infringement against its intellectual property under the well-established principles of copyright law to establish a breach of contract claim under

Smith v. Flock Safety

District Court, N.D. Ohio · Mar 20, 2025

Plaintiff argues the Court made a clearly erroneous finding that Defendant was not a state actor. ECF No. 40 at PageID #: 1026. … privileges, or immunities secured by the Constitution or laws of the United States. 451 U.S. at 535.

Glenwillow Landfill, Inc. v. City of Akron, Ohio

485 F. Supp. 671 · District Court, N.D. Ohio · Dec 19, 1979

Finally, the statutes creating the OWDA and establishing its powers clearly articulate the state’s policies. … The plaintiffs argue that the intent to displace competition must be more clearly enunciated by the state.

Savel v. MetroHealth System

District Court, N.D. Ohio · Jul 12, 2023

Both CBAs clearly state that the Hospital retains management rights to discipline and discharge employees and to promulgate and enforce reasonable rules and regulations.22 Both CBAs lay out grievance procedures that apply … Different factors receive consideration and establishing a health-related vaccine vulnerability differs from establishing a religious exemption.

Secretary of U.S. Department of Labor v. Kavalec

District Court, N.D. Ohio · Oct 26, 2021

In addition, “[a] preliminary injunction is an extraordinary remedy which should be granted only if the movant carries his or her burden of proving that the circumstances clearly demand it.” … The Court agrees with the Secretary that Pesto was not qualified for the role of Employer Trustee.