Case law

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

Plaskon Electronic Materials, Inc. v. Allied-Signal, Inc.

904 F. Supp. 644 · District Court, N.D. Ohio · Oct 12, 1995

PEMCO has not, therefore, established a prima facie case of CERCLA liability; PEMCO has instead merely established selected elements of the prima facie case. D. … Mausteller and Master both clearly testified that demolition of the buildings was not a necessary component of the corrective action.

Giddings v. CBIZ Benefits & Insurance Services, Inc.

District Court, N.D. Ohio · Jun 2, 2025

However, they do not cite any Ohio or Sixth Circuit law that clearly supports this request. … Plaintiffs’ PII does not clearly satisfy the definition of a “private fact” under the elements of a claim for invasion of privacy.

E.E.O.C. v. Spitzer Management, Inc.

866 F. Supp. 2d 851 · District Court, N.D. Ohio · Mar 30, 2012

It is well-established that the burden is on the plaintiff to establish a prima facie case of racial discrimination. See McDonnell Douglas Corp. v. … A plaintiff can establish a prima facie case by showing that i) he was a member of a protected class; ii) he was discharged; iii) he was qualified for the position; and iv) he was replaced by a person outside the protected

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 ...

Grover v. BMW of North America, LLC

District Court, N.D. Ohio · Jan 24, 2022

It is plaintiffs’ burden to establish that Manzari’s opinions in this case are admissible under the applicable standard. … But as discussed above, Manzari is qualified by his knowledge and experience to testify regarding the N63 engine.

Papczun v. NUCO Education Corporation

District Court, N.D. Ohio · Jun 26, 2025

Under this framework, the plaintiff must first establish a prima facie case of discrimination by demonstrating that: (1) he has a disability; (2) he is otherwise qualified for the job; (3) he suffered an adverse employment … To establish a prima facie case for disability discrimination based on a termination of employment, Plaintiff must show: (1) that he is disabled; (2) that he is otherwise qualified and able to perform the essential functions

Universal Tube & Rollform Equipment Corp. v. Youtube, Inc.

504 F. Supp. 2d 260 · District Court, N.D. Ohio · Jun 4, 2007

Even if a domain name does not qualify as chattel, Universal argues in its briefs that it has a “personal property interest” in the computer system that hosts the utube.com website. … In CompuServe, the defendant trespasser clearly initiated contact. In this case, those making contact with Universal’s website were thousands of mistaken visitors, but not YouTube itself.

Reed v. Rhodes

422 F. Supp. 708 · District Court, N.D. Ohio · Aug 31, 1976

The requisite intent sufficient to find de jure segregation was clearly and independently established. The plaintiffs are seeking relief from both local and state officials. … Such, however, was clearly not the case.

Johnson v. Peterson

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

Oct. 17, 2019) (“Owen's Hepatitis C likely qualifies as a serious medical condition.” (citing Hix v. Tennessee Dep't of Corr., 196 F. App'x 350, 356 (6th Cir. 2006))). … His complaint demonstrates Defendants are monitoring his condition and have clearly indicated the benchmarks for providing additional care for Johnson’s condition.

Turner v. Commissioner of Social Security

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

The ALJ was clearly aware that Dr. … The ALJ clearly credited Dr. Juguilon’s diagnostic findings.

Morley v. Brown

605 F. Supp. 1468 · District Court, N.D. Ohio · Apr 5, 1985

Because the EAJA is a waiver of sovereign immunity, the statutory time limit is a “jurisdictional prerequisite” to the award of attorney fees under the EAJA. Clifton v. … Each agency is to establish uniform rules for agency determinations of fee requests. 5 U.S.C. § 504 (c)(1).

Warren v. Fraternal Order of Police Ohio Labor Council, Inc.

District Court, N.D. Ohio · Mar 23, 2022

The cases establish no clear standard for identifying a “sufficiently close nexus.” … Although “a private party acting under color of state law does not enjoy qualified immunity from suit, it is entitled to raise a good-faith defense to liability under section 1983.” Id. at 362 (emphasis added).

J.L. Spoons, Inc. v. City of Brunswick

49 F. Supp. 2d 1032 · District Court, N.D. Ohio · May 20, 1999

Although there is a narrow exception to the warrant requirement for administrative searches conducted in “closely regulated” industries, sexually oriented businesses do not qualify as highly regulated industries. … To establish third party standing, J.L.

Allen v. Diebold, Inc.

807 F. Supp. 1308 · District Court, N.D. Ohio · Nov 24, 1992

Reliance upon the former, if plaintiffs do indeed advance that argument, is clearly misplaced. … The hiring of young workers, clearly not itself a discriminatory act, tends to prove the discriminatory act of age-based discharge.

Brooks v. Lorain County Jail

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

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. … To state a claim under § 1983, Plaintiff must allege that a person acting under state law deprived him of a right, privilege, or immunity secured by the Constitution or laws of the United States.

Jacks v. City of Youngstown

District Court, N.D. Ohio · Aug 2, 2021

For example, there is a history of litigation between the parties regarding the demolition of the property at the municipal court and/or county court level, and yet neither party clearly states what that litigation involved … immunity.

Lott v. Playhouse Square Foundation

District Court, N.D. Ohio · Aug 27, 2021

The employee handbook clearly provides that three no call, no show absences may result in termination of employment. (Id. at PageID# 232.) … Because Lott fails to establish that she was entitled to FMLA leave, her FMLA interference claim necessarily fails.

Ruiz-Fane v. Tharp

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

A disparate treatment claim requires the plaintiff to establish that (1) she was a member of a protected group, (2) she was qualified for the position, (3) she was subject to an adverse employment decision, and (4) she … In determining the relative weight of harassment not directed at plaintiff, I may consider “the severity and prevalence of the similar acts of harassment, whether the similar acts have been clearly established or are mere

Lloyd v. Greater Cleveland Regional Transit Authority

District Court, N.D. Ohio · Aug 27, 2020

Such a request is clearly overbroad and does not comply with the job-related and business necessity requirement for such inquiries. … To establish a prima facie case of discrimination, a plaintiff must “show that 1) he is a member of a 23 protected class; 2) he was qualified for his