Case 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).

Cooper v. Digital Processing Systems, Inc.

182 F.R.D. 242 · District Court, N.D. Ohio · Sep 30, 1998

First, to the extent that Video Processing Technology is not able to represent its interests in the ownership dispute in this action, Plaintiff Cooper is not immune from further litigation over the issue if he prevails in … Whether the judgment issued in the absence of the non-joined person will be “adequate” refers to the public’s “stake in settling disputes by wholes, whenever possible, for clearly the plaintiff, who himself chose both the

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.

In Re Polyurethane Foam Antitrust Litigation

799 F. Supp. 2d 777 · District Court, N.D. Ohio · Sep 15, 2011

The Maine Supreme Court does not qualify its pronouncement as applicable to only “unfair or deceptive acts.” In re Flash Memory Antitrust Litig., 643 F.Supp.2d 1133, 1159 (N.D.Cal.2009). … There, like here, the plaintiff provided “detailed allegations of an agreement to restrain trade,” Watson Carpet, 648 F.3d at 453 , “clearly” establishing the existence of a conspiracy. Id. at 457-58 .

In re Welding Fume Products Liability Litigation

245 F.R.D. 279 · District Court, N.D. Ohio · Sep 14, 2007

Accordingly, the Court finds this requirement is clearly satisfied. B. Rule 23(a)(2) — Commonality. … Aug. 28, 2002) (distinguishing between cases where plaintiffs seek "the establishment of a medical monitoring fund, rather than the establishment of a medical monitoring program”); Mehl v.

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.

In Re Welding Fume Products Liability Litigation

364 F. Supp. 2d 669 · District Court, N.D. Ohio · Apr 5, 2005

There was no question but that the positive enactments of Illinois and OSHA qualified as “occupational safety and health standards.”. … Grey, Make Congress Speak Clearly: Federal Preemption of State Tort Remedies, 77 B.U.

State Ex Rel. Brown v. Georgeoff

562 F. Supp. 1300 · District Court, N.D. Ohio · May 3, 1983

Under Justice’s view, statutes “designed to remedy continuing threats and injuries to the public health and the very environment which sustains us,” supplemental amicus brief at 6, also qualify as “remedial” statutes and … Even if the Superfund were inadequate, the legislative history clearly indicates that Congress intended to clean up as many dumps as possible with the Superfund.

Cox v. United States

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

In other words, “a judgment must be ‘dead wrong’ to qualify as being clearly erroneous.” Id. (quoting H & A Land Corp. v. City of Kennedale, No. 4:02-CV-458, 2005 WL 6803499, at *2 (N.D. Tex. … The Sixth Circuit plainly held—with respect to this petitioner asserting claims that mirror those asserted in this petition— his failure to establish that his remedy under § 2255 is “inadequate or ineffective” deprives the

Shiao v. City of Cleveland

District Court, N.D. Ohio · Aug 8, 2024

Plaintiff argues that the City engaged in conduct under the color and pretense of law, depriving him of his rights, privileges, and immunities secured by those amendments, as well as the laws of the United States, the … As all four theories available to establish that a municipal policy or custom directly caused a Constitutional violation have been found deficient, there can be no finding that the pleadings establish a Monell claim upon

Shields v. SMC Corporation of America

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

Bruschi clearly considered other employees’ hire dates in making his recommendations for termination to McCambridge. … Shield’s comparison to Williams is relevant because it demonstrates that Shields, the better-qualified Corporate Account Manager, was included in the reduction-in-force while Williams, the younger, less-qualified Corporate

Gipson v. NVR

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

City of Richmond Heights and the RRHOA (id. at 5, ¶ 17), and that she has been unlawfully taxed, fined and forced to sell her home.1 Although plaintiff’s complaint refers to a number of federal statutes, it does not clearly … To establish a civil claim, a plaintiff must show: “(1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity.” Orlowski v. Bates, 146 F. Supp. 3d 908, 928 (W.D.

U.S. Small Business Administration v. Weather King Heating & Air, Inc.

District Court, N.D. Ohio · Jan 31, 2023

findings, and conclusions found to be: (A) Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) Contrary to constitutional right, power, privilege, or immunity … As Gateway points out, nothing in the CARES Act “prohibit[s] the SBA from establishing other, non-size related eligibility criteria.” 983 F.3d at 1258.

Philpott

District Court, N.D. Ohio · Nov 25, 2025

The Court also dismissed the claims relating to the traffic stop and Philpott’s arrest, finding that Wike, Maruna, and Miller were entitled to qualified immunity. (Id. at 21–22.) … But Philpott offers no factual allegations beyond the details of his own case that would, if believed, establish the existence of such policies or customs.

Felix

District Court, N.D. Ohio · Feb 14, 2020

Accordingly, even if appellant could establish that such a lien exists, it cannot provide a basis for standing in debtors’ bankruptcy proceedings. … Therefore, appellant has not established any pecuniary interest or practical stake in the outcome of debtor’s bankruptcy proceedings. See Monus v. Lambros, 286 B.R. 629, 634 (N.D.

Adams v. Prudential Insurance Co. of America

280 F. Supp. 2d 731 · District Court, N.D. Ohio · Sep 3, 2003

Prudential also performed an employability assessment, and identified five (5) types of jobs for which Adams was qualified and could physically perform. … “The standards of review for determining ERISA denial-of-benefits claims are well-established.” Wilkins, 150 F.3d at 616. “With respect to review of ... [a] plan administrator’s denial of benefits, ...

United States v. Anvari-Hamedani

378 F. Supp. 2d 821 · District Court, N.D. Ohio · Jul 25, 2005

Accordingly, the Court has upheld the delegation of legislative authority so long as “Congress clearly delineates the general policy, the public agency which is to apply it, and the boundaries of this delegated authority. … As to this record, the Supreme Court has commented: “ we have ‘almost never felt qualified to second-guess Congress regarding the permissible degree of policy judgment that can be left to those executing or applying the law

Chrysler Workers Ass'n v. Chrysler Corp.

663 F. Supp. 1134 · District Court, N.D. Ohio · Apr 16, 1986

Clearly, plaintiffs’ federal and state claims are intertwined. … An employee of CDI (now GDLS) who would otherwise qualify for the right to return to a Chrysler Corporation plant based on ...

Benvenuto v. Turner

District Court, N.D. Ohio · Mar 30, 2023

established federal law. … Although the trial court briefly found that Benvenuto qualified for some one count.42 Of course, federal habeas courts cannot grant relief based on any potential

Fradkin v. Ernst

98 F.R.D. 478 · District Court, N.D. Ohio · Jun 7, 1983

At that deposition, plaintiff clearly indicated that he understood the general subject matter of the Plan. Deposition at 14, 20, 27,42-43. He also indicated that he had authorized Mr. … Absent the imposition of additional requirements for a representative of shareholders under Rule 23.1, the plaintiff in this case will qualify as an adequate representative.