Case law

Jones v. Shoop

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

It “does not require pursuit of a state remedy where such a pursuit is clearly futile.” Wiley v. Sowders, 647 F.2d 642, 647 (6th Cir. 1981). … After a thorough evaluation, it was determined that [he] did not qualify as seriously mentally retarded under Kentucky [law].

Brown v. Commissioner of Social Security Administration

District Court, N.D. Ohio · Sep 17, 2020

Nevertheless, because said “medical or psychological consultants are highly qualified and experts in Social Security disability evaluation,” ALJs must consider their opinions. Id. … The exam note does not clearly illustrate the nature of the claimant’s ambulatory capacity.

FWB, LLC v. Auto-Owners (Mutual) Insurance Co.

District Court, N.D. Ohio · Aug 5, 2021

In the email, the agent acknowledged Walton and Murphy did not qualify for Defendant’s business coverage because they lacked prior restaurant ownership experience. Id. … are clearly material since they affect the extent of the insurer’s obligation to pay for a claimed loss.”).

Grassi v. Grassi

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

The County Defendants moved for summary judgment on the basis of qualified immunity. Id. … That lack of diligence contrasts with conduct of the county defendants’ counsel, who worked up the case within the original case management timeline established by the Court.”

Prepared Foods Photos, Inc. v. Antonio's Pizza, Inc.

District Court, N.D. Ohio · May 6, 2024

Post-five-year certificates are still eligible to qualify as prima facie evidence of a valid copyright. Yurman Design, Inc. v. Golden Treasure Imps., Inc., 275 F. … Defendant clearly understands that professional photography such as the Work is generally paid for and cannot simply be copied from the internet.

Carr v. Commissioner of Social Security

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

Though ALJs are generally not qualified to interpret raw medical data, ALJs are not prohibited from “directly evaluating medical evidence.” (Id. (citing Winans, 2023 WL 7622634, at *5).) … Otherwise, the plain language of the statute “clearly places the decision to order a consultative examination within the discretion of the ALJ.” Evans v. Astrue, No. 3:120-cv-67, 2010 WL 5488525, at *5 (E.D. Tenn.

Thomas v. Bracy

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

Clearly established federal law is to be determined by the holdings (as opposed to the dicta) of the United States Supreme Court. See Parker v. … Moreover, the Supreme Court has indicated that circuit precedent does not constitute “clearly established Federal law, as determined by the Supreme Court.” Parker, 567 U.S. at 48-49; Howes v.

Reed v. Rhodes

455 F. Supp. 569 · District Court, N.D. Ohio · Feb 6, 1978

The Board’s use of “minority” and “non-minority” enrollment categories rather than “black” and “non-black” left some schools clearly segregated. 4. … The Cleveland Board of Education shall establish a Department of Desegregation Implementation. 2.

Nasrallah v. Robert Half International, Inc.

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

To establish a prima facie case of discrimination, a plaintiff must “show that 1) he is a member of a protected class; 2) he was qualified for his job and performed it satisfactorily; 3) despite his qualifications and performance … But during her deposition, Nasrallah did not recall whether she actually used that term and instead testified it was clearly implied from her objection that she had been offended. (Doc. No. 22-8 at 30-31, 45.)

Parker Hannifin Corporation v. Standard Motor Products

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

Standard Motor argues that Parker Hannifin has failed to allege sufficient facts to establish purposeful availment. … It maintains that Ohio public policy “clearly permits the wholesale assumption of liabilities by successor entities, including punitive damages liability.” (Id.)

Christian v. Commissioner of Social Security

District Court, N.D. Ohio · Aug 4, 2021

“An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Sullivan v. Zebley, 493 U.S. 521, 530, 110 S.Ct. 885, 107 L.Ed.2d 967 (1990). … SSR 16-3p, 2016 WL 1119029; see also Felisky, 35 F.2d at 1036 (“If an ALJ rejects a claimant's testimony as incredible, he must clearly state his reason for doing so”).

Childress

District Court, N.D. Ohio · Feb 20, 2026

Childress”) seeks judicial review of the final decision of Defendant Commissioner of Social Security (“Commissioner”) denying her application for Supplemental Security Income (“SSI”) and Medicare Qualified Government Employee … The ALJ Did Not Err and Was Supported by Substantial Evidence When She Did Not Deem Peripheral Neuropathy a Severe MDI Plaintiff argues “it was clearly established by the medical record” that her

Williamson v. Marquis

District Court, N.D. Ohio · Jan 7, 2020

Williamson does not clearly or consistently identify or describe his grounds for relief in his petition or his briefing. … This is inaccurate, as § 2254 mandates that a habeas petition be denied unless the state court’s decision was “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined

Vision Management Group, LLC v. Constant Aviation, LLC

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

Clearly, this is well beyond the thirty (30) day notice period set forth in the Inspection Contract. … Textron did not establish a duty additional to that which was contractual.”)

Salerno, Jr. v. Steel Plate LLC

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

While it acknowledges that either side may terminate the Agreement under Section 2, it insists that Section 5 clearly limits the right to severance to an event that happens to Salerno—when Salerno “is terminated without … According to Steel Plate, its interpretation is bolstered by the fact that each delineated circumstance describing a discharge for cause involves acts or misconduct by Salerno.3 These restrictions on “with cause” only qualify

Taylor v. Perini

477 F. Supp. 1289 · District Court, N.D. Ohio · Apr 9, 1979

Based upon independent information which the Special Master has received both from inmates and staff members, he believes that the Inspector’s recommendations clearly were warranted. … At the time of the Special Master’s fifth report, 12.6% of the persons taking the MCOPI were failing to qualify for employment at M.C.I. Taylor v. Perini, 455 F.Supp. 1241, 1264 (N.D.Ohio 1978). 22 . Taylor v.

Nicol

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

While the ALJ clearly did not discuss every record or finding outlined in Plaintiff’s brief, it is well established that an ALJ need not “discuss each piece of data in [her] opinion, so long as [she] consider[s] the evidence … I think this will qualify him for getting and [sic] the housing through the disability verification. 5 Plaintiff did not develop or clearly articulate any argument that the identified statements

Firestone v. CitiMortgage Inc.

District Court, N.D. Ohio · Jun 22, 2020

Stemple was qualified as an expert as to the requirements for loan origination and brokerage. The Court finds her testimony did not establish Mrs. … The risk of 7 While Firestone argues that this action is not “solely [to] halt foreclosure” of the subject property (Opp’n at 194, emphasis added), Firestone is clearly seeking injunctive relief in the form of enjoining

Kutyba v. Commissioner of the Social Security Administration

District Court, N.D. Ohio · Jan 31, 2023

“There is no ‘magic number’ that qualifies as ‘significant’ for purposes of satisfying this prong of the disability inquiry.” Cunningham v. Astrue, 360 F. … A reading of either case establishes that these cases did in fact consider national job estimates.

Morris v. Wise

District Court, N.D. Ohio · Mar 2, 2020

Defendants claim that their use of the photograph within the advertisement qualifies under the fair use exception to copyright protection. “[T]he fair use of a copyrighted work .. . … Further, Ohio also has a interest in being able to predictably establish the rules of conduct for its own residents and businesses operating within its borders.