Case law

Bryant v. McDonough

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

Finally, an affirmative defense may be raised in a 12(b)(6) motion “where the defense clearly appears on the face of the [complaint].” Pierce v. … Despite having the burden of establishing subject matter jurisdiction after the challenge, Bryant provides no law to support jurisdiction.

United States v. Lorantffy Care Center

999 F. Supp. 1037 · District Court, N.D. Ohio · Mar 24, 1998

That framework requires that a plaintiff first establish a prima facie case of housing discrimination. … But it focuses its argument instead on the scope of the exemption, even if LCC does qualify.

Hatcher v. Cuyahoga Metropolitan Housing Authority

District Court, N.D. Ohio · May 27, 2021

Consequently, examination of a complaint for a plausible claim for relief is undertaken in conjunction with the “well-established principle that ‘Federal Rule of Civil Procedure 8(a)(2) requires only a short and plain statement … See, e.g., McCormick, 693 F.3d at 691 (affirming dismissal of a § 1981 claim against a public university because a public university qualifies as an arm of the state and, thus, is immune from suit under the Eleventh Amendment

Thermodyn Corp. v. 3M Co.

593 F. Supp. 2d 972 · District Court, N.D. Ohio · Dec 17, 2008

In sum, there are clearly disputed issues of fact here which preclude summary judgment as to the caulk formula. Regrind. … Defendants argue the customer list does not qualify as a “trade secret” because this information could be easily obtained (e.g., via publicly available databases).

Foster v. Sohn

District Court, N.D. Ohio · Sep 26, 2025

And where, as here, a plaintiff does not clearly specify that a state official is sued in his individual capacity, the court assumes the official is being sued in his official capacity only. Wells v. … It is well-established that medical negligence or malpractice, which is the most 1 Plaintiff represents in her pleading that she voluntarily withdrew an action she filed in the Ohio Court of Claims in connection with

Burnham v. Friedland

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

Claims for which a defendant is clearly entitled to immunity are claims that lack an arguable or rational basis in law. Neitzke, 490 U.S. at 327-28; Lawler, 898 F.2d at 1199. … It has been principally established that judicial officers are immune from liability for actions taken in their official capacity “even when such acts are in excess of their jurisdiction and are alleged to have been done

Ford v. New Century Mortgage Corp.

797 F. Supp. 2d 862 · District Court, N.D. Ohio · Jun 22, 2011

Ford was damaged as a result of Geauga Savings’ alleged failure to respond to her “qualified written request.” … Further, “when a complaint omits facts that, if they existed, would clearly dominate the case, it seems fair to assume that those facts do not exist.” Scheid v.

Olsen v. Ohio Edison Co.

979 F. Supp. 1159 · District Court, N.D. Ohio · Sep 30, 1997

The undisputed evidence in this case clearly establishes that the emergency room physician prohibited Olsen from working for only one day, allowed him to work light duty the next, and said that he could go back to his full … Schmidt is a qualified chiropractor. That fact, standing alone, is insufficient to render him a qualifying "health care provider” under governing FMLA regulations, however. 14 .

Reynolds v. Gaughan

District Court, N.D. Ohio · Jul 12, 2023

“It is well established that judges and other court officers enjoy absolute immunity from suit on claims arising out of the performance of judicial or quasi-judicial functions.” Foster v. … Plaintiffs’ action as against Judge Gaughan clearly pertains to alleged conduct occurring during the performance of official judicial functions in a prior lawsuit as to Judge Gaughan is absolutely immune from a damages suit

Szarell v. Schaffer

District Court, N.D. Ohio · Oct 29, 2020

“Tt is well established that judges and other court officers enjoy absolute immunity from suit on claims arising out of the performance of judicial or quasi-judicial functions.” Foster v. … Szarell’s allegations against Magistrate Schaffer clearly pertain to conduct occurring during the performance of the Magistrate’s official judicial functions as to which the Magistrate is absolutely immune from a damages

Foster v. Portage County

District Court, N.D. Ohio · Jul 15, 2022

Judge Doherty is immune from suit It is well established that judges are generally entitled to absolute immunity from civil suits for money damages. Mireles v. … The manner in which a judge conducts the proceedings in her courtroom, and the decisions she renders in a case before her, are clearly judicial actions.

Brown v. Consolidated Rail Corp.

605 F. Supp. 629 · District Court, N.D. Ohio · Jan 16, 1985

If the benefit is of the former variety, then it may qualify as a “perquisite of seniority.” … Like the situations in Accardi and Coffy this eligibility requirement does not so clearly equate with actual total service rendered.

Board of Trustees of the Ohio Carpenters' Pension Fund Ex Rel. Ohio Carpenters' Pension Fund v. Bucci

351 B.R. 876 · District Court, N.D. Ohio · Aug 15, 2006

The CBA required that Bucci’s company make monthly employer contributions to the ERISA funds established by the CBA and to effect certain employee withholdings. … Rather, appellants contend, the bankruptcy court should have applied ERISA law which imposes more obligations on the parties to qualified agreements than are imposed by traditional contract law. 1 *879 Appellants rely heavily

Buck v. Ford Motor Co.

810 F. Supp. 2d 815 · District Court, N.D. Ohio · Aug 30, 2011

Ford urges the court to exclude all of these experts’ opinions, arguing that they are not qualified to offer their opinions, they rely on evidence that is insufficient as a matter of law to establish causation, and their … Berg is qualified to make this assessment.

Keller v. Graphic Systems of Akron, Inc., Employees Profitsharing Plan

422 F. Supp. 1005 · District Court, N.D. Ohio · Nov 10, 1976

. § 1002 (3) and is qualified under 26 U.S.C. § 401 (a). … The forfeiture provision of the Plan is supported by reasonable business justifications which clearly outweigh any potential harm to plaintiff.

Commercial Travelers' Life & Accident Ass'n v. Rodway

235 F. 370 · District Court, N.D. Ohio · Dec 3, 1913

in the proviso which is now quoted, it is clearly subject to tax. … By the General Code of Ohio, under which the plaintiff is organized, it appears that it cannot claim the privileges and immunities of a fraternal beneficiary society.

Fisher v. Wellington Exempted Village Schools Board of Education

223 F. Supp. 2d 833 · District Court, N.D. Ohio · Jan 24, 2002

The responsibilities and duties inherent in a principal’s job juxtaposed against the grant writing position clearly establish an issue of material fact as to whether the conditions of Plaintiffs transfer would have been “ … Plaintiffs testimony clearly establishes that the Superintendent told Plaintiff that she was to receive a one-year, not a three-year renewal of her principal’s contract. See id.

Jones v. Mahoning County Child Support Enforcement Agency

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

They are immune from suit. … Plaintiff does not clearly explain how he believes the CSEA Defendants violated his right to travel.

Szarell v. McGlaughlin

District Court, N.D. Ohio · Oct 29, 2020

“Tt is well established that judges and other court officers enjoy absolute immunity from suit on claims arising out of the performance of judicial or quasi-judicial functions.” Foster v. … Szarell’s allegations against Judge McGlaughlin clearly pertain to conduct occurring during the performance of the Judge’s official judicial functions in connection with a state case involving Szarell in Summit County.

Baston v. Bagley

282 F. Supp. 2d 655 · District Court, N.D. Ohio · Sep 12, 2003

The postconviction psychologist’s affidavit was insufficient to establish this. 2000 WL 1713768 at *5. … The trial court judged the testimony of the sole witness who might establish a second actor as not credible.