Case law

Simon v. DeWine

District Court, N.D. Ohio · Jul 1, 2024

To see this clearly, it is worth a refresher on two perennially puzzling legal concepts. … Section 1983 creates a right of action to sue state officers for “deprivation of any rights, privileges, or immunities secured by the Constitution and laws” of the United States. Id.

Morrison v. United States

449 F. Supp. 663 · District Court, N.D. Ohio · Mar 7, 1978

Morrison was very experienced in acquiring and marketing real estate in the Geneva area, and Case, who had worked with Geneva area utilities, was uniquely qualified to handle arrangements for bringing power, water, and gas … It was not established that the plaintiffs knew any more than the general public did about the state’s interest in the area west of the Geneva State Park.

Culbertson v. Barnhart

214 F. Supp. 2d 788 · District Court, N.D. Ohio · Feb 7, 2002

Two social security programs are at issue: Disability Insurance, for qualified individuals who paid social security taxes for the relevant period, and Supplemental Security Income, for individuals who did not. … "The medical evidence establishes that the claimant has severe multiple chemical sensitivity, narcolepsy, and anxiety disorder ...”

Matusky v. Avalon Holdings Corp.

379 F. Supp. 3d 657 · District Court, N.D. Ohio · Mar 29, 2019

The WHD recognizes that there will be unique or newly emerging occupations that qualify as tipped occupations under the FLSA for which there is no O*NET description. … Defendants note that all three Plaintiffs never declared any cash tips during the time period at issue, even though they clearly received some cash tips.

Stewart v. Blackwell

356 F. Supp. 2d 791 · District Court, N.D. Ohio · Dec 14, 2004

McGuffage, 209 F.Supp.2d 889, 902 (N.D.Ill.2002), the Court denied the defendants’ motion to dismiss with respect to all counts of the plaintiffs’ complaint except the privileges and immunities count. … The Court, therefore, holds that the plaintiffs - have not established their vote denial claim. 2.

Hughes v. Colbert

872 F. Supp. 2d 612 · District Court, N.D. Ohio · May 29, 2012

Bardin transferred resources above their CSRA and turned it into income after the date of institutionalization, which is the date the CSRA is established. … This is the method that the federal and Ohio governments developed to address situations in which couples attempt to shield significant assets while claiming to be poor enough to qualify for Medicaid nursing home care.

Dolly v. Old Republic Ins. Co.

200 F. Supp. 2d 823 · District Court, N.D. Ohio · May 8, 2002

Clearly, subsection (K) was enacted to eliminate this somewhat ridiculous development in the law. … Therefore, although the policy required that one be acting within the scope of his employment to qualify for liability coverage, the court held that no such requirement applied to UM/ UIM coverage under the policy.

Zuniga v. McConahay

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

The trial court abused its discretion when it qualified Sergeant Barrett and an aexpert [sic] in K9 training and drug detection. 4. … Zuniga clearly did not articulate his constitutional claims from Ground Two in his direct appeal to the Fifth District Court of Appeals.

In re Inter-Op Hip Prosthesis Liability Litigation

204 F.R.D. 330 · District Court, N.D. Ohio · Aug 31, 2001

The process employed to date, however, as searching as it has been, is clearly preliminary and is no substitute for that which can be, and now in this case will be, accomplished through a full fairness inquiry. … [and] there is a common body of science establishing the causal connection between the diet drugs and [the] ... injuries.

Boyd

District Court, N.D. Ohio · Jun 25, 2026

App’x 919, 929 (11th Cir. 2019) (“And the few decisions of our sister circuits reviewing claims similar to Jackson’s have uniformly concluded that there is no clearly established right for parents to access school property … Plaintiffs’ have not established that they face irreparable harm to their reputation Although reputational harm can sometimes qualify as irreparable harm,

Chambers-Smith

District Court, N.D. Ohio · Aug 5, 2026

community because Smith established no violation of his constitutional rights. … App’x 528, 531 (6th Cir. 2010) (“To determine whether qualified immunity was properly granted [or denied], this court examines … whether a constitutional right has been violated.”).

In re Polyurethane Foam Antitrust Litigation

314 F.R.D. 226 · District Court, N.D. Ohio · Apr 9, 2014

Litigating the class claims through qualified proposed Class Counsel will ensure procedural fairness for Class members. … Individuals who clearly fall outside of the class definition could then file claims and obtain recovery, even though they cannot establish (or under Indirect Purchasers’ theory, would even need to establish) that they are

Knowlton

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

Petitioner’s objections do not attempt to explain or argue how the Ohio Court of Appeals’ decision was an unreasonable application of clearly established federal law or was based on an unreasonable determination of the … Knowlton has not shown that the Ohio court of appeals’ finding “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States

In Re Telxon Corp. Securities Litigation

133 F. Supp. 2d 1010 · District Court, N.D. Ohio · Sep 29, 2000

LAW & ANALYSIS Plaintiffs have clearly shown, and defendants do not dispute, that Telxon misstated material facts in both its press releases and its financial disclosures to the SEC. … Though, surely, some of the sentences or words in each of the press releases and public statements might qualify under the statutory safe harbor, or could not be found fraudulent at all because they are mere puffing or general

Gray v. Nachurs Alpine Solutions, LLC

District Court, N.D. Ohio · Apr 19, 2023

The Supreme Court recently clarified “the mere risk of future harm, standing alone, cannot qualify as a concrete harm.” TransUnion LLC v. Ramirez, 141 S.Ct. 2190, 2210-11 (2021). … no longer sufficient to establish standing.

International Union v. Aluminum Co. of America

932 F. Supp. 997 · District Court, N.D. Ohio · Apr 22, 1996

The Master Plan clearly anticipates that its provisions, including Article 9 of the amendment provision, will be applicable to those receiving benefits described in the SPDs. … This provision reads: “It is recognized by the parties that qualified group practice plans may provide a more complete and satisfactory health care program depending upon an individual’s personal desires ...

Junger v. Daley

8 F. Supp. 2d 708 · District Court, N.D. Ohio · Jul 2, 1998

There, the Supreme Court held that “our cases provide no basis for qualifying the level of First Amendment scrutiny that should be applied to [the Internet].” Id. at 2344 . … The President clearly has statutory authority under the International Emergency Economic Powers Act to extend export controls in general. See United States v.

Fixel v. LSMJ1, LLC

District Court, N.D. Ohio · Oct 2, 2023

Plaintiff characterizes Timmy Sema as a supervisor.40 Plaintiff argues that Defendant Timmy qualifies as a supervisor authorized to receive complaints because he was responsible for day-to-day operations at Luca West, … Courts applying Ohio law have found genuine issues of fact regarding an employer’s constructive knowledge of harassment complaints only when those complaints are made to employees in clearly defined or titled managerial

Brown v. Routzahn

58 F.2d 329 · District Court, N.D. Ohio · Sep 9, 1931

It was clearly not competent for the devisee here to pick and choose. He can not reject one part and accept the rest. The matter is really closed by authority.” See, also, Green v. Britten, 42 L. J. … Although decedent and plaintiff qualified as executors in June, 1912, and the three testamentary trustees were appointed in August, 1913, no steps were taken to settle the estate until March, 1920.

Sanders v. United States

8 F. Supp. 2d 674 · District Court, N.D. Ohio · Apr 10, 1998

Dahm, 769 F.Supp. 1103, 1110 (D.Neb.1991) (“the label of ‘trial strategy’ does not automatically immunize an attorney’s performance from sixth amendment challenges”). … Custis did carve out one exception: one may challenge at sentencing a prior conviction obtained in violation of the right to counsel established in Gideon v.