Case law

Province v. Cleveland Press Publishing Co.

605 F. Supp. 945 · District Court, N.D. Ohio · Mar 20, 1985

In February of 1982, Del-Com was established with $500 in capital. It immediately incurred substantial debts and losses. … The requirements of antitrust injury clearly are satisfied, giving the victims standing to bring treble damage actions.

Wesley v. Cuyahoga County Sheriff's Department

District Court, N.D. Ohio · Oct 21, 2019

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 US. at 327. … His notes qualified as one of those documents. They were returned to him five days later.

Castro v. Commissioner of Social Security

District Court, N.D. Ohio · Mar 25, 2022

Todd indicated the evidence did not establish the presence of “C Criteria.” (Tr. 72). Dr. … “An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Sullivan v. Zebley, 493 U.S. 521, 530 (1990).

Lazette v. Kulmatycki

949 F. Supp. 2d 748 · District Court, N.D. Ohio · Jun 5, 2013

“facility,” the defendants point to cases which have held that a personal computer qualifies as a “facility.” See Chance v. Ave. … What it takes to find implied consent shows clearly that plaintiff here did give such consent. Thus, in U.S. v.

Cox v. Hausmann

District Court, N.D. Ohio · Sep 30, 2020

Therefore, I need not address Defendants arguments regarding whether Cox’s claims must overcome a qualified privilege. … The liability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.

Taylor v. Perini

431 F. Supp. 566 · District Court, N.D. Ohio · Mar 18, 1977

As to the matter of prematurity, the report clearly shows that the new system is *568 being observed and evaluated. Certainly this is proper. … A full time, qualified food service supervisor has been assigned to the honor dorm dining room and will have this as his first responsibility. 2.

Macias v. City of Toledo, Division of Water Distribution, Field Services

District Court, N.D. Ohio · Dec 7, 2022

To satisfy this burden, the plaintiff must show “(1) [she] was a member of a protected class; (2) [she] suffered an adverse employment action; (3) [she] was qualified for the position; and (4) [she] was replaced by someone … App’x 475, 479 (6th Cir. 2001) (“Jones’s five-day suspension, without pay, clearly amounts to an adverse employment action”).

Gutierrez

District Court, N.D. Ohio · Dec 22, 2025

However, the plain text of the MSA and the Trust, which Plaintiff attached to their Amended Complaint, contain language that clearly establishes the Trust’s liability for any outstanding obligations owed to Jane Gutierrez … It is Plaintiff’s burden to establish that circumstances clearly demand injunctive relief. See Overstreet v. Lexington-Fayette Urb. Cnty. Gov’t, 305 F.3d 566, 573 (6th Cir. 2002). Plaintiff has not done so here.

Hull v. Bowen

748 F. Supp. 514 · District Court, N.D. Ohio · Oct 5, 1990

Although the primary purpose of the EAJA as originally enacted does not appear to be directed to Social Security cases, the legislative history to the EAJA clearly indicates “Congress’ intent that, while the EAJA does not … Nor, in fact, does the standard require the government to establish that its decision was based on a substantial probability of prevailing. H.R.Rep. No. 96-1418, at 4990. 8 .

Swetland v. Curtiss Airports Corporation

41 F.2d 929 · District Court, N.D. Ohio · Jul 7, 1930

It is clearly the legislative policy to encourage aviation. … There are no precedents or decisions which establish rules of property as to such air space.

Bellamy v. Roadway Express, Inc.

668 F. Supp. 615 · District Court, N.D. Ohio · Feb 11, 1987

Rule 19(b) establishes guidelines for the Court to consider when deciding whether an action can proceed or whether it must be dismissed for lack of an indispensable party. … XVI, sec. 4(a), at 96; Fitzsimmons affidavit, para. 6) The NMFA establishes a single bargaining unit. (Fitzsimmons affidavit, para. 12).

Burris v. Ethicon, Inc.

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

First, the witness must be qualified by ‘knowledge, skill, experience, training, or education.’ … As established in his Report, Dr. Galloway testified that such infection is likely caused by erosion and mesh exposure through the wall of the vagina.”

Burkholder v. INTERN. UNION, UNITED AUTO.

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].

Minnesota Mining and Manufacturing Co. v. Norton Co.

280 F. Supp. 674 · District Court, N.D. Ohio · Jan 29, 1968

The Hurst ’738 patent does not, on its face, as clearly teach a compacted structure as do the Benner patents. … If that is so, he clearly could not have tested the Hoover application in the true light of the prior art.

Luster v. Awp Inc.

District Court, N.D. Ohio · Apr 13, 2021

incidental to the use of such vehicle for commuting shall not be considered part of the employee's principal activities if the use of such vehicle for travel is within the normal commuting area for the employer's business or establishment … Clearly, Plaintiffs had the opportunity to seek leave to amend once they were alerted to Defendant’s rationale for dismissal and prior to issuance of the Court’s final Order.

Gutierrez

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

“To qualify as an ‘adequate’ procedural ground, a state rule must be ‘firmly established and regularly followed.’” Id. at 316 (quoting Beard v. Kindler, 558 U.S. 53, 60-61 (2009)). In Scuba v. … Gutierrez has failed to show that the Sixth Circuit standard under Gunner, or any clearly established federal law, supports a finding that Mr.

United States v. Bruce

909 F. Supp. 1034 · District Court, N.D. Ohio · Dec 14, 1995

Having determined that Bruce’s conduct did in fact cause a loss to CBL, this Court now must establish the amount of the loss. … Clearly, Bruce is responsible for this loss, since he improperly originated the loans, manipulated them, and failed to protect CBL’s interest in the collateral, causing the eventual loss.

Harris v. Synovus Bank

District Court, N.D. Ohio · Dec 19, 2022

An abuse of discretion occurs if “the [bankruptcy] court relies on clearly erroneous findings of fact, applies the wrong legal standard, misapplies the correct legal standard when reaching a conclusion, or makes a clear … As discussed above, Appellants cannot point to evidence sufficient to establish that this agency relationship existed.

Alward v. Newell

District Court, N.D. Ohio · Aug 16, 2024

In the Complaint (ECF No. 1), Plaintiff claims that Newell hindered his ability to qualify for placement in a residential re-entry center because he refused Newell’s offer to engage in sexual activity. … A plaintiff must also establish a subjective element showing the prison officials acted with a sufficiently culpable state of mind. Id.

Collins v. Turner

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

Further, the Magistrate Judge explained that Petitioner “has not demonstrated that the Ohio Court of Appeals’ determination was contrary to or an unreasonable application of clearly established federal law or an unreasonable … This adjudication is not contrary to, or “an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States”; nor did it result “in a decision that was based on an