Case law

Eva v. Midwest National Mortgage Banc, Inc.

143 F. Supp. 2d 862 · District Court, N.D. Ohio · Feb 15, 2001

City Transit Authority, Inc. enumerated the elements necessary to establish a pattern of corrupt activity claim under O.R.C. § 2923.32. … Plaintiffs allege that Defendants committed multiple acts of wire fraud, mail fraud, and conversion, which qualify as underlying violations that will attach to Defendants’ liability under § 2923.31(I)(2) of the PCA.

Fenton Whelan Limited, et al. v. Cleveland Clinic Foundation, et al.

District Court, N.D. Ohio · Oct 27, 2025

“Countries that have jurisdiction over the defendant typically qualify.” Prevent USA, 17 F.4th at 659 (citing Piper Aircraft, 454 U.S. at 254, n.22). … “In the ‘rare circumstances’ in which ‘the remedy offered by the other forum is clearly unsatisfactory,’ American Courts tend to keep the case.”

Dougall v. Copley-Fairlawn City School District Board of Education

District Court, N.D. Ohio · Jan 28, 2020

* * * A challenge for [A.D.] may be qualifying for an IEP, as her grades are not impaired. … Baker acknowledges that “[a] challenge for [A.D.] may be qualifying for an IEP, as her grades are not impaired.” (Id.) Ms. Morganti testified that Dr.

Starlion Electronics Distribution, LLC v. JDS Pro Health LLC

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

Specifically, and as explained in more detail below, the Court concludes that he economic loss doctrine does not bar Starlion’s proposed amended fraud claim for two reasons: (1) well-established Ohio precedent confirms … Ohio 2022) (“Ohio caselaw clearly and uniformly limits application of this doctrine to negligence-based qualified nuisance claims and finds it does not apply to intentional torts, such as the intentional misconduct alleged

Torres v. Commissioner of Social Security

District Court, N.D. Ohio · Aug 16, 2021

The nurse explained to Torres that the test results did not qualify for disability. Tr. 533. The nurse ordered bone density testing. Tr. 533. … The ALJ clearly considered the FCE along with the testing and conclusions contained therein. Tr. 20.

Jackson v. Transport Corporation of America, Inc.

District Court, N.D. Ohio · Apr 24, 2023

The Court finds that Plaintiff has failed to establish a genuine issue of material fact that Ms. Woods acted with “actual malice.” … Woods’s lack of experience, Plaintiff is effectively asking the Court to find an employer negligent for hiring an otherwise qualified employee who lacks work experience.

Simmons v. Commissioner of Social Security Administration

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

Park qualifies as a treating physician under Social Security regulations. He saw Simmons multiple times as his primary care physician, beginning in October 2016.° (Tr. 971.) … Park’s opinion.10 It is well established the Commissioner cannot cure a deficient opinion by offering explanations never offered by the ALJ.

Torres v. Dino Palmieri Salons, Inc.

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

She tells Plaintiffs one thing in an affidavit, then qualifies it in a declaration for Defendants. And her deposition testimony bears this dynamic out as well. … Moreover, that common evidence must establish that the class members suffered the same injury. Id.

Great Lakes Packers, Inc. v. PK Produce

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

Defendants consent that creditors with valid PACA trust claims are entitled to a beneficial interest in the single floating pool of Defendants’ PACA Trust Assets, and that qualified PACA trust beneficiaries … The Sixth Circuit noted that the parties had clearly agreed in 1994 to terms different from the standard 10–day payment provision contained in the PACA regulations. Overton, 340 F.3d at 366.

Kain v. Commissioner of Social Security

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

Amalfitano, DO., at Medina Cleveland Clinic Heart and Vascular Institute to establish cardiac care. (Tr. 408-12.) … He qualified his opinions by noting that the most relevant diagnostic tests (the tilt test and a heart monitor) were outdated. (Id.) Regarding Ms.

Butcher v. Commissioner of Social Security

District Court, N.D. Ohio · May 3, 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). … In this case, the evidence fails to establish the presence of the “paragraph C” criteria of Listing 12.04.

Davis v. Commissioner of Social Security

District Court, N.D. Ohio · Oct 20, 2020

A physician qualifies as a treating source if the claimant sees her “with a frequency consistent with accepted medical practice for the type of treatment and/or evaluation required for [the] medical condition.” … The ALJ’s decision “must contain specific reasons for the weight given to the individual’s symptoms, be consistent with and supported by the evidence, and be clearly articulated so the individual and any subsequent reviewer

Mobley v. Commissioner of Social Security

District Court, N.D. Ohio · Jul 24, 2020

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. … Vaka did not qualify as a treating physician at the time of the opinion, and therefore the ALJ properly weighed the evidence in the medical source statement. (Doc.

Moore v. Commissioner of Social Security Administration

District Court, N.D. Ohio · Apr 9, 2024

Here, substantial evidence establishes that Ms. … record “raises a substantial question as to whether [the claimant] could qualify as disabled” under a listing.

LaFleur v. Yardi Systems, Inc.

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

An individual’s “name” means “the actual, assumed, or clearly identifiable name of or reference to a living or deceased individual that identifies the individual.” Ohio Rev. … in the absence of dispute from the parties.”). 14 Kolebuck-Utz grounded its holding only on the commercial value of plaintiffs’ name without determining whether the defendant’s actions qualified

Vranches v. PHH Mortgage Corporation

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

“[T]he doctrine is based on the long-established principle of law that a party should not be able to take advantage of its own wrongful act.” Id. … That language clearly contemplates that damages can be greater than the amounts paid, and nothing else in the statute appears to limit the categories of damages.

Gill v. Commissioner of Social Security

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

However, the ALJ need not discuss a listing that the claimant clearly does not meet. Sheeks v. Comm’r of Soc. Sec., 544 F. App’x 639, 641 (6th Cir. 2013). … She clearly has raised a substantial question that she may meet the criteria of Listing 14.03.

Sultaana v. McConahay

District Court, N.D. Ohio · Sep 30, 2025

“It is well established that prisoners have a constitutional right to file grievances against correctional employees.” Pasley v. Conerly, 345 F. App’x 981, 984 (6th Cir. 2009) (citing Herron v. … Upon review of these motions, none clearly attempt to amend the original complaint. However, one of the filings seeks leave to file “Complaint Count: Murder by Torture and Suppression of Legal Filings.”

Borzymowski

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

The ALJ clearly explained her 8 The ALJ also gave “little weight” to an October 2018 opinion where Dr. … Borzymowski’s subjective reports that he needed a cane to balance, but correctly argues that “a claimant’s testimony ‘does not qualify as medical documentation establishing the need for a cane under SSR 96-9p.’”

Lynch v. Commissioner of Social Security

District Court, N.D. Ohio · Mar 2, 2022

His immune system attacks his body, and it causes dry eyes, dry mouth, skin lupus with sun exposure, fatigue, and “man breasts.” (Id. at 1281-82.) … In those situations, the statutory provision would clearly cause harm. Id. at 1789.