Case law

Forrester v. Federal Bureau of Prisons

District Court, N.D. Ohio · Dec 23, 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. Jd.

Cook v. Federal Bureau of Prisons

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

He appears to allege that he qualifies for home confinement under the Coronavirus Aid, Relief, and Economic Security Act of 2020 (the “CARES Act”). ' Bivens v. … governmental entity, as soon as possible after docketing, if the Court concludes that the complaint fails to state a claim upon which relief may be granted, or if the plaintiff seeks monetary relief from a defendant who is immune

Standard Oil Co. v. Federal Energy Administration

440 F. Supp. 328 · District Court, N.D. Ohio · Nov 25, 1977

The regulation challenged here, promulgated in a formal manner after announcement in the Federal Register and consideration of comments by interested parties is quite clearly definitive. … Mich., 1977). 98 Under the FEA’s interpretation, those refiners which do not qualify for discretionary exception relief, must adjust their banks in significant amounts.

Elegant Eglo, LLC. v. Onyx Insurance Company, Inc.

District Court, N.D. Ohio · Mar 26, 2020

Elegant’s Complaint against Onyx and American Specialty alleges in relevant part that: as of May 20, 2017 Elegant qualified as an insured under an insurance policy #:OIC-OH-0000910-03 carried by Onyx and that Onyx has … purposes of a motion for judgment on the pleadings, 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

Kilgore

District Court, N.D. Ohio · Aug 14, 2026

“Clearly established Federal law for purposes of § 2254(d)(1) includes only the holdings, as opposed to the dicta, of [the Supreme] Court's decisions.” White v. … Applying AEDPA deference, the Ninth Appellate District’s decision was not contrary to or an unreasonable application of clearly established law.

Newton v. Turner

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

Petitioner contends that the circumstances in this case qualify as good cause and discovery should be permitted by the Court. … To establish “good cause” for discovery, a habeas petitioner must establish that the requested discovery will develop facts which will enable him to demonstrate that he is entitled to habeas relief.

Sparks v. Fitzhugh

District Court, N.D. Ohio · Apr 4, 2025

“And Fitzhugh clearly had the ability to bind Sparks within the scope of their partnership, as Fitzhugh’s resignation caused Sparks’s termination from NLC.” … Thus, they do not qualify as judicial admissions.

Sanders v. City of Toledo

District Court, N.D. Ohio · Sep 28, 2022

Sanders is both in a protected class and that he was qualified for the SC&R position.” Id. … Indeed – Defendant has clearly met its burden in light of the multiple workplace violations, including the May 23, 2018 violent outburst, to which Plaintiff has offered no evidence to challenge the truthfulness of the complaint

Furr-Hoffman v. Precision Support Services

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

However, in reply, Defendants argue Plaintiff failed to produce sufficient evidence that she was qualified for the position. (Doc. 18, at 3). … “In particular, the defendant must clearly set forth, through the introduction of admissible evidence, reasons for its actions which, if believed by the trier of fact, would support a finding that unlawful discrimination

MPT, Inc. v. Marathon Labels, Inc.

505 F. Supp. 2d 401 · District Court, N.D. Ohio · Jan 19, 2007

Although in some cases certain method steps are performed in Mexico, the jury clearly considered this and limited damages accordingly. 6. … The peculiar result of Defendants’ reasoning would be that contributory in-fringers are immune from liability so long as the component used to infringe the method is also exported elsewhere.

Cheney v. John Hancock Life Insurance Company (U.S.A.)

District Court, N.D. Ohio · Aug 31, 2021

“[C]ommon words appearing in a written instrument are to be given their plain and ordinary meaning unless manifest absurdity results or unless some other meaning is clearly intended from the face or overall contents of … Performing the material duties of one’s occupation means to perform them in the proper, customary, or established manner, with the same quality and in the same quantity as before the disability arose, without undue

O'Neal v. Denn-Ohio, LLC

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

Because Plaintiffs seek to amend their complaint after the deadline established by the scheduling order, they must first show good cause. See Fed. R. Civ. … It clearly provides that an employee can have two occupations, or a “dual job,” even though the employee works at only one location for one employer.

Chiaverini v. City of Napoleon

District Court, N.D. Ohio · Sep 30, 2021

A plaintiff can establish culpability by establishing the municipality “intentionally deprived [him] of a federally protected right.” Id. at 405. … Immunity) as a second Count 6, and subsequently misnumbers the remainder of their counts.

Handel's Enterprises, Inc. v. Schulenburg

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

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.” … Under the inevitable disclosure doctrine, this is sufficient to establish a threat of misappropriation warranting injunctive relief.

Shook v. Allen

307 F. Supp. 357 · District Court, N.D. Ohio · Oct 7, 1969

This program was designed to recruit qualified persons who would fill the void in the number of secondary level math teachers. The program consists of several parts. … The letter clearly shows that both the School System and the Ohio State Department of Education felt that the petitioner would have the qualifications to teach.

Gasiorowski-Watts v. CSX Transportation Inc.

District Court, N.D. Ohio · Sep 25, 2024

Co., 958 F.3d 417, 420-21 (6" Cir. 2020)(FRSA protected conduct does not immunize employees from discipline for wrongdoing.) … The discipline imposed was consistent with CSX written disciplinary rules and was clearly unrelated to any protected activity of Plaintiff.

Granada Investments, Inc. v. DWG Corp.

823 F. Supp. 448 · District Court, N.D. Ohio · Apr 26, 1993

(a) The SEC may designate, under § llA(a)(2) of the 1934 Act, the securities “qualified for trading.” (To qualify, the securities could be required to meet certain voting requirements.) … The charges of misconduct set forth in Report No. 1 were restated in the Motion, and Granada concluded that the Report No.-1 clearly established that violations had been properly demonstrated.

Johnson v. Connecticut General Life, Insurance

541 F. Supp. 2d 935 · District Court, N.D. Ohio · Feb 12, 2008

Cigna says that Kristen Johnson should have disclosed a condition of hypertension and if she had disclosed such a condition she would not have qualified for the additional life insurance. … The Ohio Supreme Court has stated: an insurer can satisfy the requirements of Section 3911.06, so as to establish an answer to an interrogatory by an applicant as a bar to recovery upon a policy, by clearly proving that (

Haller

District Court, N.D. Ohio · Jun 26, 2026

“{A]ll 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 entitled to judgment.” … The Noerr-Pennington doctrine contains a narrow exception in which immunity does not apply to sham lawsuits filed for the purpose of interfering with competition.

Jacobs v. Mercy Health St. Joseph Warren Hospital

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

As noted above, it is well established that the fact that a litigant disagrees with the legal rulings in the case does not establish that the court's decisions are the product of bias. … Here, the docket clearly reflects that Defendant has not filed a Motion to Dismiss based on improper service.