Case law

Bloomfield v. Whirlpool Corp.

984 F. Supp. 2d 771 · District Court, N.D. Ohio · Nov 27, 2013

In order to recover under the ADA, Bloomfield must establish she has a disability, she otherwise is qualified to perform her job duties, and she was terminated on the basis of her disability. Hedrick v. W. … Bloomfield may establish her prima facie case by establishing the following: (1) she is an individual with a disability; (2) she otherwise is qualified to perform her job duties, with or without reasonable accommodation;

Kauffman v. Kent State University

815 F. Supp. 1077 · District Court, N.D. Ohio · Feb 17, 1993

The defendants are clearly agents. Consequently, the question is whether they are agents of a “person”. … Metham, who received the promotion “was the best ... qualified employee for the Office Manager Position.”

Hamblin v. Anderson

947 F. Supp. 1179 · District Court, N.D. Ohio · Nov 6, 1996

Respondent further argues that Ohio qualifies as an “opt in” state under 28 U.S.C. § 2261 , and thus, Chapter 154 should govern .this action as well. … A réview of the Act as a whole indicates that Congress has clearly expressed its intent.

Moore

District Court, N.D. Ohio · Dec 17, 2025

He states: “Priscilla Clark manager of USPS used a retired safety manager name on a test document to fail me on a web based test so I could not receive job as a tractor trailer driver and the person that gave was not qualified … A claim lacks an arguable basis in law or fact when it is premised on an indisputably meritless legal theory or when the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327.

Indiana Insurance v. General Electric Co.

326 F. Supp. 2d 844 · District Court, N.D. Ohio · Jul 16, 2004

In other words, a party cannot qualify as an expert generally by showing that the expert has specialized knowledge or training which would qualify him or her to opine on some other issue. Redman v. John D. … GE also contends that neither Claytor nor Doran are qualified. 3. Qualifications a.

Patterson v. Stark County, Ohio

District Court, N.D. Ohio · Feb 4, 2020

Qualified Immunity Defendants argue that they are entitled to qualified immunity because their actions did not violate a clearly established constitutional right … “In order to overcome a qualified immunity defense, a plaintiff must establish that: (1) the alleged conduct violated a constitutional right, and (2) the right was clearly established at the time of its violation.”

Seven-Up Co. v. Get Up Corp.

30 F.R.D. 550 · District Court, N.D. Ohio · Jan 31, 1962

Plaintiff’s responses to interrogatories Nos. 1, 4, 5 and part of 6 clearly indicate that the information requested in all of these interrogatories was prepared and compiled by plaintiff’s counsel or its employee. … However, even if it be so considered, this Court is of the opinion that defendant has established good cause to justify the production under a subpoena or court order.

C. C. Thompson Pottery Co. v. Routzahn

25 F.2d 897 · District Court, N.D. Ohio · Dec 3, 1927

and satisfactorily establish such excess value. … Upon full consideration, it does not clearly appear that the real estate and buildings in question had a value clearly in excess of the amount found and allowed by the Commissioner.

Randleman v. Fidelity National Title Insurance

251 F.R.D. 281 · District Court, N.D. Ohio · Jul 25, 2008

The burden of establishing the attorney-client privilege rests with the party asserting it. United States v. Dakota, 197 F.3d 821, 825 (6th Cir.1999). … The work product doctrine also makes such information immune from discovery. Hickman v.

Cleveland Institute of Electronics, Inc. v. United States

787 F. Supp. 741 · District Court, N.D. Ohio · Mar 12, 1992

If a taxpayer did not meet the criteria set forth in the statute, he could still qualify as an independent contractor under the established common law tests. … The first condition listed in the statute states that to qualify as a “direct seller,” a person must sell “consumer products in the home or otherwise than in a permanent retail establishment.”’ ' 26 U.S.C. § 3508 (b)(2)(A

J.L. Spoons, Inc. v. City of Brunswick

18 F. Supp. 2d 782 · District Court, N.D. Ohio · Aug 21, 1998

Ordinance 67-98 Fails to Declare an Emergency and to Clearly Describe the Emergency. … As previously discussed, neither Ordinance 150-96 nor Ordinance 67-98 qualify as emergency measures.

Solis v. Suroc, Inc.

49 F. Supp. 3d 502 · District Court, N.D. Ohio · Sep 11, 2014

. § 213 (a)(1), and more clearly defined in 29 C.F.R. §§ 541.100 and 541.300. Defendants Mr. Kostoglou, Mr. Papandreas, and Mr. … This is clearly insufficient under the summary judgment standard. Copeland v. Machulis, 57 F.3d 476, 479 (6th Cir.1995) (citing Anderson, 477 U.S. at 252 , 106 S.Ct. 2505 ).

Harris v. City of Akron

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

While not dispositive, this requested relief indicates that Plaintiff sued Kabellar and Ullum in their individual capacities.39 Additionally, Kabellar and Ullum asserted “absolute and/or qualified immunity” as an … affirmative defense for § 1983 claims brought against them “in their individual capacity.”40 “The assertion of a qualified immunity defense (even a qualified immunity defense) indicates that the defendants were aware

Rogers v. Horwitz

District Court, N.D. Ohio · Sep 29, 2023

A government official who is performing a discretionary function is entitled to qualified immunity from suit as long as his conduct does not violate “clearly established statutory or constitutional rights of which a reasonable … Rogers’s] clearly established rights,” so it is appropriate for the Court to decide the question of qualified immunity at this stage of the litigation. Id. at 762.

Donovan v. United Counties Carpenters District Council

561 F. Supp. 791 · District Court, N.D. Ohio · Mar 22, 1983

The November trial on the Ochocki charges does not qualify because it was long after Moore was suspended and because Judge Thomas enjoined the effect of the result of the trial. 13 Moore clearly was a “member in good standing … Thus, the District Council’s argument that Moore was “not qualified” fails. Moore clearly was qualified to stand as a candidate in the District Council’s June 1980 election.

Hatcher v. Greater Cleveland Regional Transit Authority

746 F. Supp. 679 · District Court, N.D. Ohio · Oct 3, 1989

He attempts to establish the third essential factor, that he was qualified for the position, with evidence of his past law enforcement training and letters of commendation. … He contends that Williams’ statement “clearly establishes that at the time of the discharge, the Director of Security and the head of personnel for RTA, Mr.

Rasawehr v. Grey

District Court, N.D. Ohio · Mar 20, 2024

Finally, I conclude Defendants are entitled to qualified immunity. … The doctrine of qualified immunity generally shields government officials “‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Benedict v. Central Catholic High School

511 F. Supp. 2d 854 · District Court, N.D. Ohio · Sep 20, 2007

First, Plaintiffs must establish a prima facie case of discrimination under section 504 of the Rehabilitation Act. … The record indicates that Timothy clearly admitted his guilt. Thus, the disciplinary *861 hearing in this case had nothing to do with guilt or innocence.

Cottrill v. Ohio Civil Service Employees Ass'n

665 F. Supp. 525 · District Court, N.D. Ohio · Jul 7, 1987

Plaintiff clearly is suing defendants Speis and Keller in their official capacity only, and she is not seeking prospective injunctive relief. … To establish a claim under section 1983, there are two jurisdictional prerequisites.

Croskey v. Wheeler

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

Qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.” Ashcroft v. al-Kidd, 563 U.S. 731, 743 (2011). … violation; and (2) we assess whether the right was clearly established at the time of the incident.