Case law

Buckosh v. Bonded Filter Company, LLC

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

The plaintiff must only demonstrate that she (1) was a member of a protected class, (2) suffered an adverse employment action, (3) was qualified for the position, and (4) was replaced by someone outside of the protected … Just because Defendants have ideas about how the offer letter (which they drafted) could have been written more clearly – for example, by using the word “entitled” instead of “eligible” – does not mean that the contract

Scott Fetzer Company v. Zurich American Insurance Company

District Court, N.D. Ohio · Mar 24, 2021

Scott Fetzer argues that Zurich violated well established principles of insurance contract interpretation when it failed to look for coverage where it reasonably could be found and failed to resolve any ambiguities in its … Weiss’ testimony clearly describes the process that he and others at Zurich undertook to evaluate this claim.

Rickard v. Teynor's Homes, Inc.

279 F. Supp. 2d 910 · District Court, N.D. Ohio · Aug 25, 2003

Accordingly, “the [FAA] establishes that, as a matter of Federal law, any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration .... ” Moses H. Cone Memorial Hosp. v. … Because plaintiff has provided no evidence of her income or her ability (or inability) to pay the costs of arbitration, it is unclear whether she would qualify for the waiver.

Spitzer Autoworld Akron, LLC v. FCA US LLC

District Court, N.D. Ohio · Oct 13, 2023

or relocating a qualifying dealership. … In its Response, Spitzer only notes that punitive damages are “clearly” available in this case. (Doc. No. 23 at 19.)

Irmen

District Court, N.D. Ohio · Sep 1, 2026

Accepting Plaintiff’s allegations as true which, at this stage, the Court must, the Plan’s sole administrator is Developers, meaning only they may clearly be held liable for the failure to provide plan documents to Plaintiff … Allain, 478 U.S. 265, 286 (1986); Doc. 15, at 15 (“Defendants were and are administrators of the healthcare plan, and must provide COBRA continuation coverage as a result of a qualifying event.”).

Wiler v. Kent State University

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

To succeed on a motion for summary judgment, the defendant must establish its defense “so clearly that no rational jury could have found to the contrary.” Foco v. Freudenberg-NOK Gen. P’ship, 549 F. … action; (3) was qualified for the job; and (4) was treated differently than similarly situated employees from a nonprotected class.

Rapp v. Forest City Technologies, Inc.

District Court, N.D. Ohio · Jul 15, 2021

Thus, numerosity is clearly met as joinder of all members is impracticable. Rule 23(a); see also Stephenson, 2021 U.S. Dist. … This case qualifies for certification under Rule 23(b)(3).

Graham v. Commissioner of Social Security

District Court, N.D. Ohio · Feb 13, 2024

A claimant’s testimony “does not qualify as ‘medical documentation establishing the need for a cane under SSR 96-9p.’” Golden v. Berryhill, No. 1:18CV00636, 2018 WL 7079506, at *18 (N.D. … Ohio Mar. 22, 2023) (finding that testimony of the claimant and claimant’s mother that the claimant used a cane or walker at “virtually all times” did not qualify as medical documentation establishing the need for a cane

Lundholm v. CrossCountry Mortgage, LLC

District Court, N.D. Ohio · Dec 4, 2023

connection with the arbitration proceedings; (b) In addition to any other requirements imposed by law, disputes shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) before a qualified … The FAA “establishes ‘a liberal federal policy favoring arbitration agreements.’” CompuCredit Corp. v. Greenwood, 565 U.S. 95, 97-98, 132 S. Ct. 665, 181 L. Ed. 2d 586 (2012) (quoting Moses H Cone Mem. Hosp. v.

Card v. City of Cleveland

District Court, N.D. Ohio · Sep 23, 2019

May 2, 1994). 5 allegations in the complaint if contradicted by facts established by exhibits attached to the … The first element of res judicata is clearly met. The State Action ended on January 16, 2019 with a final judgment on the merits against Card.

Zahuranec v. Cigna Heathcare Inc.

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

She further alleges that “[n]o physician reviewed [her] records to determine whether she qualified for a bariatric surgical procedure.” (Id. at ¶ 38.) … The insurance company administering the plan terminated plaintiff’s benefits, after determining she did not qualify due to a pre-existing condition.

Curtiss v. Charter Communications, Inc.

District Court, N.D. Ohio · Sep 26, 2023

As no breach was established, the Court does not need to consider causation. … Plaintiff contends that “a reasonable person” could have inferred that “cutting the wire from one pole while attached to another at a distance over 100 feet” would clearly result in an overhang of that wire in the lanes

Nick Kostecki Excavating, Inc. v. Integrated Machinery, Inc.

District Court, N.D. Ohio · Jun 18, 2024

First, defendant contends that plaintiff does not “qualify or quantify the content of the virtual communications between the parties.” (Doc. 14, at 5.) … With respect to the remaining considerations, “this case clearly implicates [plaintiff’s] business interests and Ohio possesses an undeniable stake in protecting the business interests of its citizens.”

Rodriguez v. City of Galion, Ohio

District Court, N.D. Ohio · Jun 24, 2025

The City has clearly met its burden of production to show a legitimate non-discriminatory reason for Mr. Rodriguez’s termination. … Establishing “pretext” in this manner presents a more complicated proposition for Mr. Rodriguez.

Curtis v. Summit County Children Services

District Court, N.D. Ohio · Aug 28, 2023

In contrast, “[t]he joint-employer doctrine involves a business that maintains sufficient control over some or all of the formal employees of another business as to qualify as those employees’ employer; unlike in the single-employer … That presumption may be rebutted by evidence establishing that a governmental entity was structured with the purpose of evading the reach of federal employment discrimination law.

Lake-Geauga Recovery Centers, Inc. v. Munson Township

District Court, N.D. Ohio · Mar 19, 2021

qualified; and (3) she was excluded from participation in, denied the benefits of, or subjected to discrimination under the program because of her disability. … They articulate this principle most clearly in cases arising under the Fair Housing Act.

Fender

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

To establish the first predicate, the petitioner “must identify a ‘clearly established’ principle of ‘Federal law’ that” has been established by a holding of the Supreme Court. Fields v. … “[A] ‘clearly established’ principle of ‘Federal law’ refers to the “holdings,” not “dicta,” of the Supreme Court’s decisions. Fields, 86 F.4th at 231 (quoting White, 572 U.S. at 419).

White v. City of Cleveland

District Court, N.D. Ohio · Oct 25, 2019

the Magistrate Judge’s decision was clearly erroneous or contrary to law. … Ohio Sept. 18, 2014) (denying motion for protective order based on Rule 30(b)(6) deposition notice regarding the factual bases for the “denials and/or qualified admissions in TransUnion’s Answer to the Amended

American States Ins. v. Hannan Constr. Co.

283 F. Supp. 988 · District Court, N.D. Ohio · Sep 6, 1966

The words “imminently dangerous or imminently defective condition” used in qualifying each defendant’s duty of ordinary care, were defined for the jury to mean: “ * * * that a structure is either imminently dangerous by its … Accordingly, “plain error” is not established.

Sander

District Court, N.D. Ohio · Jun 18, 2026

Here, the late fee clearly fails prong one of the Samson Sales test because damages for failure to pay the note by its due date are easily ascertainable. … Accordingly, the note “does not qualify as a ‘short-term loan’ subject to the requirements of the STLA.” Id.