Case law

Porter v. GrafTech International Ltd.

District Court, N.D. Ohio · May 15, 2024

Determination of which movant can support the greatest claimed loss is often (and usually) decisive because the PSLRA establishes a rebuttable presumption that the most adequate plaintiff is the “person or group of persons … A lead plaintiff is adequate where he or she “does not have interests that are antagonistic to the class that he [or she] seeks to represent and has retained counsel that is capable and qualified to vigorously represent

Anderson v. Commisioner of Social Security

District Court, N.D. Ohio · Jan 31, 2022

“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). … As noted, an “ALJ need not discuss listings that the applicant clearly does not meet.” Sheeks, 544 F. App'x at 641.

Corpus v. Aim Leasing Company

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

The Sixth Circuit has not clearly defined how much contact, or what sorts of tasks, are actionable interference with FMLA rights. See Tilley v. Kalamazoo Cty. Rd. Comm’n, 654 F. … To make out a prima facie case of national origin discrimination under Ohio law, Plaintiff must show he is a member of a protected class, he suffered an adverse employment action, he was qualified for the position, and

Belk v. Le Chaperon Rouge Company

District Court, N.D. Ohio · Jul 6, 2020

As summarized by the Sixth Circuit: Ohio law does not require contracting parties to share a subjective meeting of the minds to establish a valid contract; otherwise, no matter how clearly the parties wrote … considers two factors: “(1) The representative must have common interests with the unnamed members of the class, and (2) it must appear that the representatives will vigorously prosecute the interests of the class through qualified

Jones v. Commissioner of Social Security

District Court, N.D. Ohio · Jan 2, 2024

Berryhill, “the phrase ‘final decision’ clearly denotes some kind of terminal event.” 139 S. Ct. 1765, 1774 (2019). … Even assuming that Jones could produce some evidence to establish a causal connection between his memory or cognition and his noncompliance, he hasn’t cited any legal authority demonstrating that these excuses qualify

Shepard and Associates, Inc. v. Lokring Technology, LLC

District Court, N.D. Ohio · Aug 21, 2023

ignoring them, for applying the sanction of nullity, is to force them to be self conscious and to express themselves clearly. … Pyplok is an ASME B31 code qualified connection (documentation attached).

Shepard and Associates, Inc. v. Lokring Technology, LLC

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

ignoring them, for applying the sanction of nullity, is to force them to be self conscious and to express themselves clearly. … Pyplok is an ASME B31 code qualified connection (documentation attached).

Williams v. Commissioner of Social Security

District Court, N.D. Ohio · Aug 18, 2021

While the RFC is for the ALJ to determine, however, it is well established that the claimant bears the burden of establishing the impairments that determine his RFC. See Her v. Comm'r of Soc. … However, although an ALJ has considerable discretion in this area, he or she does have an obligation to clearly explain the reasoning underlying the RFC determination.

Hodges v. May

District Court, N.D. Ohio · Feb 11, 2025

Ground Ten: Trial court erred in allowing multiple non-expert witnesses to testify in regards to technical internet applications, that they were not qualified to testify about. … Although Hodges asserted that the state intermediate appellate court did not permit him to proceed pro se, he did “not clearly articulate the basis of his argument” and his Traverse “wholly fails to respond to the procedural

Equity Planning Corporation v. Westfield Insurance Company

District Court, N.D. Ohio · Feb 26, 2021

Westfield argues that E.P. cannot establish that its suspension of its operations was caused by a “direct physical loss of or damage to” its property because E.P. only speculates as to whether COVID-19 was ever present … According to Westfield, nothing in the Policy or law suggests that closing a property due to the suspected or potential presence of a substance or condition qualifies as a “direct physical loss or damage.”

Ayers

District Court, N.D. Ohio · Dec 29, 2025

Second, neither Hatton nor Grad—which both cited Bethel and had the opportunity but did not qualify their reliance on it—overruled Bethel. … established Federal law and was based on an unreasonable determination of the facts in light of 4 Ohio Rev.

Hamm

District Court, N.D. Ohio · Dec 19, 2025

During this time, Hamm qualified for home oxygen. (Id. at 829.) On November 2, 2022, Hamm reported chest tightness and shortness of breath. (Id. at 883.) … Chang’s own treatment records (supportability) and the “record as a whole” (consistency), and the ALJ’s previous overview of Hamm’s medical history clearly lays out the medical and testimonial evidence that is inconsistent

Millan

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

The writ is established to ensure that the government “does not detain individuals except in accordance with law” and permits all persons to challenge the lawfulness of their confinement, regardless of status. … “When Congress has not clearly required exhaustion, sound judicial discretion governs whether or not exhaustion should be required.” Shearson v.

Arends v. Family Solutions of Ohio, Inc.

District Court, N.D. Ohio · Feb 9, 2022

Qualified Mental Health Specialists (“QMHS”) and that Defendants had failed to pay them for time worked that was not billable to Medicaid or other health insurance. (Id.) … Here, the Court is not persuaded that the question of whether Plaintiffs established a “common policy” for purposes of establishing commonality under Rule 233 is either difficult, novel, or the 3 To demonstrate commonality

Hunter v. Commissioner of Social Security

District Court, N.D. Ohio · Sep 10, 2024

Generally, these regulations are duplicates and establish the same analytical framework. … “If, however, the record raises a substantial question as to whether the claimant could qualify as disabled under a listing, the ALJ should discuss that listing.” Id. at 641; see also Reynolds, 424 F.

AIG Specialty Insurance Company v. SITE Centers Corporation

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

Relying upon the reasons detailed in the original Motion to Exclude, AIG insists again that Connolly is not qualified to offer reliable and relevant opinions. … AIG establishes none of those justifications; and the Court declines to reconsider its Daubert ruling regarding SITE’s expert. II.

McKnight v. Erico International Corporation

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

Further, the notice “must clearly and concisely state in plain, easily understood language” all the information specified in Rule 23(c)(2)(B)(i)–(vii). Id. … Second, Plaintiffs must establish Defendant’s liability and demonstrate damages. (See ECF No. 15.)

Flight Options LLC v. United States

District Court, N.D. Ohio · May 28, 2025

Addi- tionally, these prerequisites must be shown by the testimony of the records custodian, another qualified witness, or by a certification that meets certain requirements. Id. … Clearly we were very interested in what Appeals did with Flexjet in their subsequent audit period.

Meyer v. Commissioner of Social Security

District Court, N.D. Ohio · Apr 17, 2024

source when primary headache disorder is established as a medically determinable impairment. … First, Meyer’s arguments do not clearly relate to any portion of Ruling 14-4p, as her argument heading indicates.

Claudio v. Commissioner of Social Security

District Court, N.D. Ohio · Mar 12, 2020

Vassilopoulos’ prognosis, which the ALJ relied upon, is sandwiched in between clearly incorrect information that did not pertain to Plaintiff. Id. … As such, he is considered a highly qualified specialist and expert in Social Security disability evaluation. SSR 96-6p, 1996 WL 374180.