Case law

United States v. One Million, Thirty-Two Thousand, Nine Hundred Eighty Dollars in U.S. Currency ($1,032,980.00)

855 F. Supp. 2d 678 · District Court, N.D. Ohio · Mar 2, 2012

Clearly, at no point during this series of events were Vigna or Curtis free to leave and, clearly, no reasonable person would have felt free to leave under the circumstances. … of the alerting dog and establish probable cause.

Mayle v. Laborer's International Union of North America

678 F. Supp. 690 · District Court, N.D. Ohio · Dec 30, 1987

Ephraim Mayle agreed to resign should it be officially determined that he was not qualified to hold office. Id. Mike Mayle, the secretary-treasurer, then wrote to the International for clarification of the issue. … The evidence clearly indicates that Ephraim Mayle stepped down voluntarily based on a position letter received from the International Union on his retirement status in relation to holding office.

Gilford v. Aqua Ohio

District Court, N.D. Ohio · Apr 29, 2021

The Court, however, has discretion to refuse to accept without question the truth of Plaintiff’s allegations when they are “clearly baseless,” a term encompassing allegations that may be fairly described as “fanciful,” … To state a claim under § 1983, the plaintiff must show that a person acting under color of state law deprived him or her of rights, privileges, or immunities secured by the Constitution or laws of the United States.

In re Payne Corp.

68 Ohio Law. Abs. 545 · District Court, N.D. Ohio · Nov 5, 1953

It seems to me that the problem may be most clearly considered under the following heads:. 1. … A considerable number of sections rather clearly disclose that the vendor is liable, certainly as much liable as the consumer.

California Palms Addiction Recovery Campus, Inc. v. United States Trustee

District Court, N.D. Ohio · Mar 27, 2023

If there are two permissible views of the evidence, the factfinder's choice between them cannot be clearly erroneous.” In re Mitan, 573 F.3d 237, 241 (6th Cir. 2009) (citing Caver v. … In fact, the lack of qualified counsel, alone, encouraged conversion.

Schill v. Lake County Department of Job and Family Services

District Court, N.D. Ohio · Mar 29, 2024

“If a private party has conspired with state officials to violate constitutional rights, then that party qualifies as a state actor and may be held liable pursuant to § 1983 ….” Id., quoting Cooper v. … The Court has considered the parties’ positions, and as explained supra dismissed with prejudice the sole federal claim against UH because federal law clearly dictates that result. See supra; Grover by Grover v.

In re Polyurethane Foam Antitrust Litigation

168 F. Supp. 3d 985 · District Court, N.D. Ohio · Jan 27, 2016

Several of the objectors in this case clearly fall into the latter category. Nonetheless, this Court chooses not to impose any sanction — at least now. … Plaintiffs faced substantial obstacles in establishing antitrust liability, causation, and damages. It is still not clear how Class Counsel would have accomplished these tasks.

Deutsche Bank AG, New York Branch v. HH Cleveland Huntington, L.P., et al.

District Court, N.D. Ohio · Jun 30, 2026

In a public or private auction, the court may establish a minimum bid. Ohio Rev. Code § 2735.04(D)(1)(a)-(b). … Code § 2735.04(D)(1)(b), the Court “may establish a minimum bid.”

Furman

District Court, N.D. Ohio · May 7, 2026

Supporting Facts: The state court adjudication of petitioner’s claim that his constitutional rights to a reasonable bond was violated resulted in a decision that was contrary to clearly established federal … contrary to federal law as clearly established in Sullivan v.

Yacko v. General Motors Company

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

Looking at the context of the deposition testimony, DeWildt’s response is clearly responding to counsel’s question as to when it came to her attention that Yacko “ought to be terminated,” not when she learned he existed … Qualified Privilege66 The Court has concluded that Yacko has failed to establish a prima facie case of discrimination.

Asad v. Continental Airlines, Inc.

328 F. Supp. 2d 772 · District Court, N.D. Ohio · Jun 4, 2004

Once Categories 1, 2, and 3 have been exhausted, an interview process will be *778 conducted to select the person best suited/qualified within Category 4. (Broussard Aff. at ¶ 2, Ex. 1, at 24-25). … Duty of Care to Richard Asad In an argument most clearly articulated in its reply brief, Continental contends that it, as a matter of law, has no duty to the unborn children of its employees, including Richard Asad.

Tate v. LaRose

District Court, N.D. Ohio · Jul 9, 2021

. § 2254(d) provides the writ shall not issue unless the state court decision (1) “was contrary to, or involved an unreasonable application of, clearly established Federal law as determined by the Supreme Court of the … The appropriate measure of whether a state court decision unreasonably applied clearly established Federal law is whether that state adjudication was “objectively unreasonable” and not merely erroneous or incorrect.

Bash v. Textron Financial Corp.

483 B.R. 630 · District Court, N.D. Ohio · Nov 9, 2012

The Bankruptcy Judge went on to conclude that “clearly, a determination of culpability is a factual dispute, which requires reviewing facts and weighing evidence.” … Even assuming arguendo that the complaint establishes that the Trustee unreasonably delayed in asserting the claim, the Court agrees with the Trustee that the complaint does not establish that Fortress suffered prejudice

Belkorp AG, LLC v. Venture Products, Inc.

District Court, N.D. Ohio · Jan 8, 2026

Accordingly, “[a] party seeking retransfer must establish under the law-of-the-case doctrine that the transfer order was clearly erroneous and would work a ‘manifest injustice.’” Payne v. Courier-Journal, 193 F. … P. 5(a)(3) permits a party to request a district court to amend an order so it qualifies under 28 U.S.C. § 1292(b)”) (emphasis added).

Brinson v. Summit County

District Court, N.D. Ohio · Jun 20, 2023

To establish a prime facie case of employment discrimination based on termination, a plaintiff must show that 1) he is a member of a protected class; 2) he was qualified … But the record clearly establishes that Fatheree had a good faith opinion that Brinson was not the “right person” for the job and, in her view, lacked professionalism based on how she perceived certain comments Brinson

Taylor v. Perini

455 F. Supp. 1241 · District Court, N.D. Ohio · Jul 20, 1978

The second reason clearly has to do with the fact that the outside panels are doing an excellent job of conducting hearings. Inmates who had used the procedure confirmed this. … The reviewers have found the MCI administration supportive, and the reviewers in turn are clearly sensitive to the needs and constraints of the department.

Novak v. Lorain County Ohio Court of Common Pleas

District Court, N.D. Ohio · Aug 6, 2020

under Federal Rule of Civil Procedure 12(c), “all well-pleaded material allegations of the pleadings of the opposing party must be taken as true, and the motion may be granted only if the moving party is nevertheless clearly … Ohio courts are state entities, not divisions of county government.31 Because Plaintiff cannot allege facts that, if believed, would establish that Lorain County was her employer, the County cannot be held liable for

United States v. Lewis

850 F. Supp. 2d 709 · District Court, N.D. Ohio · Feb 8, 2012

Clearly, such statements can be considered for the purpose of determining credibility. … As for Jackson’s immunity, the Government notes that Jackson did not obtain use immunity until 2008, three years after he spoke with investigators regarding the fire, and thus, was not shielded from liability when he initially

Magnesium Machine, LLC v. Terves LLC

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

Following the presentation of evidence and arguments, the Court found that Plaintiff failed to meet its burden of establishing th: a seizure had been warranted. … The Complaint in this case clearly states that the alleged trade secret was produced by Bradley, a non- party, and was NOT marked as “Attorney’s Eyes Only.” Therefore, the requirements of L.P.R. 2.

Collins v. Ohio Department of Transportation, District 11

District Court, N.D. Ohio · Feb 9, 2024

a job he felt he was the most qualified for. … Collins and was intended to provide her with a clearly defined statement of her supervisor’s expectations. (ECF Doc. 44, p. 38.) Ms.