Case law

A.B. Pratt & Co v. Bridgeport Group, LLC

District Court, N.D. Ohio · Apr 10, 2023

establish such jurisdiction, ‘over each defendant independently.’” … See The Rightthing, LLC, 2009 WL 249694 at *3 (“Electronic transactions from one state into another are not immune from a court’s consideration when determining personal jurisdiction.”).

Hardman v. University of Akron

100 F. Supp. 2d 509 · District Court, N.D. Ohio · May 26, 2000

Another witness, Gary Smith, did not clearly hear the conversation leading to the physical confrontation but he helped separate the two during the altercation. … The plaintiff in a § 1981 action bears the burden of establishing a prima facie case. If the plaintiff establishes the prima facie case, a presumption of unlawful discrimination arises. See St. Mary’s Honor Center v.

Gouge v. BAX Global, Inc.

252 F. Supp. 2d 509 · District Court, N.D. Ohio · Mar 11, 2003

The Ohio Supreme Court has held that in the area of employment contracts, there is “a strong presumption in favor of a contract terminable at will unless the terms of the contract or other circumstances clearly manifest the … has not presented evidence to refute defendants’ assertion that he was terminated from his Director of Safety position due to budgetary constraints, and has not contested defendants’ assertion that Benjamin was the more qualified

Dalton-Webb v. Village of Wakeman

District Court, N.D. Ohio · Aug 21, 2020

Therein, the court found an employee manual/handbook established an implied contract which could establish a 5. As the Ohio Supreme Court recently explained: “‘Shall’ means must.” … App’x 302, 309 (6th Cir. 2017) (“Given Defendants’ entitlement to qualified immunity on the § 1983 claims, the district court did not err in declining to exercise jurisdiction over the supplemental state-law claims.”).

Hicks v. City of Akron

District Court, N.D. Ohio · Feb 22, 2024

The district court denied the defendant officers qualified immunity on summary judgment, based upon the parties’ disputed account of the facts leading up to the plaintiffs’ arrests. Id. at 141. … Franklin Cnty., 975 F.3d 554, 579–80 (6th Cir. 2020) (noting that “a plaintiff cannot establish a claim for supervisory liability without establishing an underlying constitutional violation by a supervised employee” (citation

Zino v. Whirlpool Corp.

141 F. Supp. 3d 762 · District Court, N.D. Ohio · Oct 30, 2015

Almost as if to prevent the error made by Defendants, the concurring opinion clearly articulates that “no rule requires ‘clear and express’ language in order to show that parties intended’healthcare benefits to vest.”' … Section 3.01(c)(iv) of the 20032008 Welfare Plan provides: “With regard to qualifying employees who retire subsequent to December 9, 2003, the available medical benefits shall be those summarized in Exhibit 5.”

Davis v. Mitchell

110 F. Supp. 2d 607 · District Court, N.D. Ohio · Aug 23, 2000

For instance, the Sixth Circuit has held that a writ of habeas corpus “will issue if the unreasonableness of the state court’s application of clearly-established precedent is not debatable among reasonable jurists.” … But “[qualified jurors need not... be totally ignorant of the facts and issues involved.” Dobbert, 432 U.S. at 302 , 97 S.Ct. 2290 .

Daniels v. County of Mahoning

District Court, N.D. Ohio · Jan 30, 2024

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. … In this regard, it is well-established that the Constitution does not mandate comfortable prisons or jails. Rhodes v. Chapman, 452 U.S. 337, 349 (1981).

Coles v. Merlak

District Court, N.D. Ohio · Aug 19, 2019

entered an Order that provides: “To the extent that the appellant would like to voluntarily dismiss this appeal, he should file an appropriate motion in accordance with Federal Rule of Appellate Procedure 42(b) that clearly … § 2241 (ECF No. 11) that he does not qualify as an armed career criminal and should be resentenced without the enhancement.

In Re Welding Fume Products Liability Litigation

534 F. Supp. 2d 761 · District Court, N.D. Ohio · Feb 19, 2008

witness upon cross-examination or relied upon by the expert witness in direct examination, statements contained in published treatises, periodicals, or pamphlets on a subject of history, medicine, or other science or art, established … Revici, 817 F.2d 987 (2nd Cir.1987), the appellate court ruled it was not error for the trial court to exclude a book written by the defendant doctor in a malpractice action, because “even if the text qualified as a learned

ATC Healthcare Services, LLC v. Frontline Healthcare Staffing, LLC, et al.

District Court, N.D. Ohio · Jan 22, 2026

Nonetheless, when considering a motion to amend, the Court is directed that leave should be freely given unless clearly futile. See Fed. Civ. … Mar. 5, 1996) (“[T]he court may deny a motion to amend when the desired change clearly is frivolous or advances a claim that is legally insufficient on its face, but if a proposed amendment is not clearly futile, then

Boyer v. Aetna Medicaid Administrators, LLC

District Court, N.D. Ohio · Aug 15, 2023

Plaintiff asserts that she had not received any guidance indicating what was expected by her employer in order to qualify as a sufficient description of her religious beliefs. Id. at ¶17. … Plaintiff also alleges that, after she requested a religious accommodation, Defendant subjected her to a hostile work environment and retaliated against her by terminating her 1 It is “well established” that the Court

Baum v. Yeutter

750 F. Supp. 845 · District Court, N.D. Ohio · Jun 29, 1990

The UA is established at a level equal to “the monthly cost of a reasonable consumption of such utilities and other services for the unit by an energy-conservative household of modest circumstances.” 24 C.F.R. § 913.102 ( … decision issued prior to the Third Circuit’s decision in West, determined that the HUD’s utility reimbursements were designed to provide housing assistance, not energy assistance, and therefore the reimbursement did not qualify

First Source Employee Management, Inc. v. United States of America, et al.

District Court, N.D. Ohio · Jun 11, 2026

In Defendants’ motion to dismiss, Defendants argue that even accepting Plaintiff’s allegations as true, Plaintiff has not adequately alleged standing or a waiver of sovereign immunity under the APA. … To qualify as adequate “in the § 704 context, a court need only be able to provide ‘relief of the same genre’ to the party seeking redress, but not necessarily ‘relief identical to relief under the APA.’” Rimmer v.

Burkholder v. International Union, United Automobile Aerospace & Agricultural Implement Workers, Local No. 12

700 F. Supp. 2d 895 · District Court, N.D. Ohio · Mar 19, 2010

Likewise until 1997, the MESA collective bargaining agreement established a Dispute Resolution Committee. … To be sure, plaintiffs’ complaint includes terms such as “clearly favored,” [Doc. 68, at 11], and states that defendants “acted maliciously,” [Doc. 68, at 14].

Fulton Co. v. Bishop & Babcock Co.

17 F.2d 999 · District Court, N.D. Ohio · Feb 13, 1925

This results from settled rules for appraising the prior art, established by numerous decisions. Prior patents are part of the prior art only by what they disclose on. their face. … The additional annealing step is clearly within Fulton’s teachings. In 11. 49-58, p. 2, Fulton points out that this intermediate step may be used.

Davis v. Walmart, Inc.

District Court, N.D. Ohio · Jun 20, 2024

These allegations establish that Plaintiff and Walmart formed a contract as to the purchased items. … Thus, Plaintiff has failed to establish that Walmart qualifies as a state actor and cannot sustain a claim under § 1983.

Folmar v. State of Ohio Human Resources Department

District Court, N.D. Ohio · Mar 4, 2022

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 (4:21CV2233) clearly baseless. Neitzke, 490 U.S. at 327. … P'ship, 32 F.3d 86, 87-88 (4th Cir. 1994) (“child support obligations ... do not qualify as ‘debts’ under the FDCPA because they were not incurred to receive consumer goods or services”); Turner v.

Ohio Stands Up! v. U.S. Department of Health & Human Services

District Court, N.D. Ohio · Sep 28, 2021

Plaintiffs contend they do have standing, sovereign immunity is inapplicable, and the Amended Complaint states a plausible claim for relief. … “The litigant must clearly and specifically set forth facts sufficient to satisfy these Art. III standing requirements.” Whitmore v. Arkansas, 495 U.S. 149, 155 (1990).

Trozzi v. Lake County

District Court, N.D. Ohio · Jul 6, 2021

His actions fall far below the high standard for establishing deliberate indifference. Therefore, Defendant Stakich is entitled to summary judgment. I.B. … Accordingly, the Court has no occasion to consider whether Defendants enjoy qualified immunity. II.