Case law

M.F. v. Cleveland Metropolitan School District

District Court, N.D. Ohio · Oct 24, 2024

The burden is on the moving party to establish that a party is necessary for purposes of Rule 19(a). See Eagle Realty Invs., Inc. v. Dumon, 2019 WL 608830 at *2 (S.D. … Although CMSD’s “Third-Party Complaint” is an independent claim that cannot constitute or qualify as a counterclaim against Cuddy, misjoinder is not a sufficient ground to dismiss an action, and severance under Rule 21

Zehentbauer Family Land LP v. Chesapeake Exploration, L.L.C.

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

Finally, Plaintiffs allege that they are qualified to represent a class of similarly situated landowners who 12 (4:15CV2449) have leased their oil and gas rights to Defendants because … Plaintiffs’ key “gross proceeds” theory of liability (i.e., that deductions are being taken from the price received by CELLC from CEMLLC or TEPUSA from TGPNA) rests on a false premise, and clearly fails as a matter of Ohio

Johnson v. Commissioner of Social Security

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

Regardless, “neither the listings nor the Sixth Circuit require the ALJ to ‘address every listing’ or ‘to discuss listings that the applicant clearly does not meet.’” Smith-Johnson, 579 F. … Instead, an ALJ should discuss a listing “where the record raises ‘a substantial question as to whether [the claimant] could qualify as disabled’ under a listing.” Id. at 43 (quoting Abbott v.

Najdl v. Commissioner of Social Security Administration

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

Dietz opined that the evidence did not establish the presence of “C” criteria. (Id.). Dr. … Listing 12.03 establishes the criteria for schizophrenia spectrum and other psychotic disorders. 20 C.F.R. pt. 404, Subpt. P, App. 1 § 12.03.

Flasco v. Commissioner of the Social Security Administration

District Court, N.D. Ohio · May 5, 2025

Generally, these regulations are duplicates and establish the same analytical framework. … Desai’s examination notes have no such qualifiers. (Id.).

Rossiter v. Life Insurance Company of North America

District Court, N.D. Ohio · Sep 11, 2019

unable to perform the material duties of any occupation for which he or she is, or may reasonably become, qualified based on education, training or experience; and 2. … Aksentijevich’s recommended restrictions clearly conflicted with Ms. Rossiter’s providers. All of Ms. Rossiter’s treating physicians opined that Ms.

Jaeger v. Commissioner of Social Security Administration

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

Jaeger has previously worked as a dishwasher, but the employment does not qualify as past relevant work. (Tr. 36, 47). II. … The ALJ’s decision must include “specific reasons for the weight given to the individual’s symptoms” in a “consistent” and “clearly articulated” way, so “any subsequent reviewer can assess how the adjudicator evaluated

Faloba v. Ultium Cells LLC

District Court, N.D. Ohio · Apr 8, 2025

However, GM and LGES, in their Motions, submit that “[p]ublic records clearly establish that Ultium Cells is the property owner” and requests that this Court take judicial notice of that fact. … Oct. 24, 2024) (“And the property records maintained by the Williamson County Register of Deeds would qualify as public records.”); Perkins v. Lakeview Loan Servicing, LLC, 2024 WL 100168, at *2 (E.D. Mich.

Craddock v. Social Security Administration

District Court, N.D. Ohio · Aug 3, 2022

Listing 12.04 establishes the criteria for affective disorders, while Listing 12.06 establishes the criteria for anxiety-related disorders. See 20 C.F.R. pt. 404, Subpt. P, App. 1 § 12.04; 12.06. … However, a problem arises when we look at how clearly these “inconsistencies” connect to Craddock’s alleged limitations.

Bickerstaff v. Cuyahoga County

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

purposes of a motion for judgment on the pleadings, all well-pleaded material allegations of the pleadings of the opposing party must be taken as true, and the motion may be granted only if the moving party is nevertheless clearly … The Police officers and prosecutors engaged in these conspiratorial acts with the intent to violate Bickerstaff’s rights, privileges or immunities and her due process rights as guaranteed by the Constitution.

Allen Murphy v. Kenneth Black, Warden

District Court, N.D. Ohio · Nov 20, 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)). … Murphy’s failure to show that the state court of appeals’s decision was contrary to or an unreasonable application of clearly established federal law or based on an unreasonable determination of the facts in light of the

Bibbs v. Allstate Insurance Company

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

Each will appoint and pay a qualified appraiser. Other appraisal expenses will be shared equally. The two appraisers, or a judge of a court of record, will select an umpire. … The allegations in this case clearly fall short of the barely sufficient allegations presented in Duff: Plaintiff’s citation to See v. GEICO, No. 21-CV-00547, 2022 U.S. Dist. LEXIS 52647 (E.D.N.Y.

Hreha v. Commissioner of Social Security Administration

District Court, N.D. Ohio · Sep 30, 2023

He clearly explained that he found the evidence did not demonstrate an inability to ambulate effectively. (Tr. 16.) … Hreha has failed to establish the need for additional RFC restrictions beyond those included by the ALJ. (ECF Doc. 9, pp. 15-17.)

Wilson v. Commissioner of Social Security

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

We may use this date to establish an earlier application date than when we receive your signed application.” … While Wilson disagrees and challenges that testimony, the VE was qualified to testify and he explained that his testimony was consistent with the DOT and/or was based on his experience doing job analysis and labor market

King v. City of Rocky River

District Court, N.D. Ohio · Aug 6, 2025

Lieutenant Wagner stated that the RRPD has a video of the incident (accessible by all officers), which clearly shows his city vehicle parked in the street and a car backing into the driver’s side door. (Id.). … A public employee’s speech only qualifies for First Amendment protection if it satisfies a three-prong test: the speech must (1) be that of a private citizen; (2) address a matter of public concern; and (3) satisfy the

Swedren v. Commissioner of Social Security

District Court, N.D. Ohio · Dec 3, 2024

Vocational Expert Qualified vocational expert Thomas Nimberger also testified at the December 2023 hearing. Tr. 892–95. … Sec., the Sixth Circuit held that previous decisions “clearly demonstrate that the principles of res judicata can be applied against the Commissioner.

Teixeira v. McDermott

District Court, N.D. Ohio · Mar 31, 2020

Ave Maria is a Florida not-for-profit corporation and a qualified charitable organization under 26 U.S.C. § 501(c)(3), and the sole member of TAMSEF I, LLC. … Simon argues that Teixeira cannot meet either of the exceptions set forth above to establish standing. (Doc. No. 8 at p. 9.) Specifically, Mr.

Dawson

District Court, N.D. Ohio · Mar 26, 2026

Defendants “selected the TDFs as the [qualified default investment alternative] for Plan participants’ retirement savings and for company matching contributions.” (Id. at ¶ 54.) … Such a small window of time cannot plausibly establish imprudence.

Piercy v. Commissioner of Social Security

District Court, N.D. Ohio · Nov 15, 2019

Consideration of whether a claimant’s fibromyalgia qualifies as a “medically determinable impairment”, that is, one which can be the basis for a disability finding under 42 U.S.C. § 423(d)(1)(A), is governed by … SSR 12-2p notes that symptoms alone do not establish the impairment.

Yee v. Commissioner of Social Security Administration

District Court, N.D. Ohio · Jan 6, 2023

The burden shifts to the Commissioner at step five to establish whether the claimant has the residual functional capacity to perform available work in the national economy. … Claimant also argues that the ALJ improperly substituted his own judgment in lieu of the opinions of qualified medical experts. (ECF No. 9 at 15).