Case law

Larrick v. Tuscarawas County

District Court, N.D. Ohio · Sep 28, 2023

Qualified immunity protects public officials from liability under section 1983 unless they “violate clearly established statutory or constitutional rights of which a reasonable person should have known.” Harlow v. … state-law immunity defense ‘through the lens of the federal qualified immunity analysis.’”

Brown v. Rothgery

District Court, N.D. Ohio · Nov 22, 2021

-3- First, it is well-established that judges are generally entitled to absolute immunity from civil suits … Plaintiff has, therefore, not established that Judge Rothgery acted clearly outside of the subject matter jurisdiction of the court over which the judge presides.

WJW-TV, INC. v. City of Cleveland

686 F. Supp. 177 · District Court, N.D. Ohio · Mar 30, 1988

Nonetheless, the existence of the right in question can be readily recognized once the rationale of analogous decisions is clearly understood. … Richmond Newspapers must be read as having recognized only a “qualified right,” to be sure, but one which cannot be *179 qualified except for good cause.

Muller

District Court, N.D. Ohio · Jan 27, 2026

And it well-established that judges enjoy absolute immunity from suits for money damages on claims arising out of the performance of their judicial functions. Mireles v. Waco, 502 U.S. 9 (1991); Barnes v. … A judge acts in the clear absence of all jurisdiction if the matter upon which she acts is clearly outside the subject matter jurisdiction of the court over which she presides. King v.

Godfredson v. Hess & Clark, Inc.

996 F. Supp. 730 · District Court, N.D. Ohio · Mar 3, 1998

the evidence which establishes the prima facie case is extremely important. … When age discrimination in the employment context arises out of a work force reduction, the plaintiff who shows (1) he was 40 or older, (2) was qualified to do his job, and (3) was discharged does not establish a prima facie

Neuger v. Casgar (In Re Randall Construction, Inc.)

20 B.R. 179 · District Court, N.D. Ohio · Mar 10, 1981

Defendant’s jury demand merely establishes that defendant did not understand the equitable nature of a summary proceeding. … Gaul’s credentials as a realtor with 21 years experience in appraising properties seem more than adequate to qualify her as an expert with respect to evaluating the property in question. Casgar’s characterization of Ms.

Reed v. Rhodes

500 F. Supp. 404 · District Court, N.D. Ohio · Sep 23, 1980

The information submitted to the State Department of Education clearly establishes that separate schools existed in Ohio long after such schools had been formally abolished by law. … Qualified electors in the district to be transferred, equal in number to a majority of the qualified electors voting in the last general election, may file a petition of referendum against the transfer.

Hilliard v. Hudson

599 F. Supp. 2d 921 · District Court, N.D. Ohio · Mar 2, 2009

Under section 2254(d)(1), the term “clearly established federal law” refers to the Supreme Court’s holdings. Williams v. Taylor, 529 U.S. 362, 412 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000). … The state presented sufficient evidence to establish that Hilliard acted “purposely” and therefore, the state court’s determination was not contrary to or an unreasonable application of clearly established federal law.

Schwitzgebel v. City of Strongsville

898 F. Supp. 1208 · District Court, N.D. Ohio · Aug 28, 1995

Moreover, “the trial court no longer has a duty to search the entire record to establish that it is bereft of a genuine issue of material fact.” Street v. J.C. … If it was not the City’s intent to convert the [forum] into a private forum, the court must address other issues, such as the existence or lack of state action and qualified immunity, raised by defendants.

Shapiro v. Cook United, Inc.

557 F. Supp. 127 · District Court, N.D. Ohio · Dec 9, 1982

The first prong requires that a new precedent be established by the overruling case. … The Supreme Court precedent of Mitchell clearly foreshadowed Badon and presented a fact pattern on all fours with this case.

Cox v. True North Energy, LLC.

524 F. Supp. 2d 927 · District Court, N.D. Ohio · Nov 20, 2007

The analysis contained in the Mutchler opinion clearly shows that the court was only focused on the second FMLA eligibility prong. … The standard is as follows: (1) The plaintiff bears the burden of establishing that he or she is disabled. (2) The plaintiff bears the burden of establishing that he or she is "otherwise qualified” for the position despite

Washington v. Secretary of Health & Human Services

693 F. Supp. 569 · District Court, N.D. Ohio · Jul 11, 1988

Washington by establishing, without notice, new criteria and requirements that were not part of the contract. Ms. … Title VII clearly provides plaintiff with a comprehensive alternative remedy.

Hoepf v. Sanchez

District Court, N.D. Ohio · Apr 25, 2022

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. … Plaintiff has not established that Judge Januzzi acted clearly outside of the subject matter jurisdiction of the court over which the judge presides.

Batt v. United States

976 F. Supp. 1095 · District Court, N.D. Ohio · May 23, 1997

Plaintiff has neither established that he filed a claim for refund with the Secretary of the Treasury or that he fully paid the taxes assessed. … As plaintiffs action is clearly related to federal taxes, declaratory judgment is available only if one of the exceptions cited in the statute apply.

MRC Innovations, Inc. v. Hunter MFG., LLP, & CDI International, Inc.

921 F. Supp. 2d 800 · District Court, N.D. Ohio · Jan 31, 2013

White, 81 U.S. 511 , 14 Wall. 511 , 20 L.Ed. 731 (1871), the Supreme Court established that the “ordinary observer” test applies to determine whether a design patent is infringed. … Plaintiff does not dispute the existence of any of the asserted prior art pet jerseys or that they qualify as “prior art" under the Patent Act.

Lubrizol Corp. v. Exxon Corp.

696 F. Supp. 302 · District Court, N.D. Ohio · Jun 17, 1988

The Court finds that the ’435 Patent is simply one more such patent, and the evidence presented by Exxon does not establish clearly and convincingly that a combination of the teachings in any of these prior art references … SG qualified additives.

Equal Employment Opportunity Commission v. Akron National Bank & Trust Co.

497 F. Supp. 733 · District Court, N.D. Ohio · May 21, 1980

Relative values were established by assigning points from a rating scale. … That standard is the bank’s placement of its equally qualified male employees.

F. Buddie Contracting Co. v. City of Elyria, Ohio

773 F. Supp. 1018 · District Court, N.D. Ohio · Sep 17, 1991

Nor has evidence been produced to establish that the ordinance is narrowly tailored to achieving its purpose. … Croson clearly requires a finding of past or present discrimination.

USM Corp. v. Tremco Inc.

710 F. Supp. 1140 · District Court, N.D. Ohio · Dec 29, 1988

As a result, USM clearly has a substantive right to protect its trade secrets from misappropriation. Tremco’s Motion is thus denied on its second ground as well. … Wrongful third parties would be immune from suit. Thus, through no fault of their own, plaintiffs could forever lose their trade secrets with recourse only against the original misap-propriator.

Alkayali

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

It is clearly established that “not all personal intercourse between -6- policemen and citizens involves ‘seizures’ of persons.” Terry v. … immunity defense.