Case law

United States v. Toledo Newspaper Co.

220 F. 458 · District Court, N.D. Ohio · Jan 23, 1915

C.) 120 Fed. 130, 137, 138, 139 , put the matter very clearly in discussing the act of 1831. … We doubt whether he who sells a facile pen to a corporation that the latter, from the prostitution of his ability, may prosper through exciting prejudices against the country’s institutions, is qualified to cavil on this

Bowman v. United States

512 F. Supp. 2d 1056 · District Court, N.D. Ohio · Aug 30, 2007

Avoiding Establishment Clause Violation. … Such a purpose is clearly secular under the first prong of the Lemon test.

Roquemore v. Cuyahoga Metropolitan Housing Authority

District Court, N.D. Ohio · Apr 23, 2025

“[AIll 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 entitled to judgment.” Colbert v. … App’x 972, 974 (6" Cir. 2011) (“Personal involvement is necessary to establish Section 1983 liability”).

Robertson v. Taylor

District Court, N.D. Ohio · Feb 8, 2024

Because the complaint lacks sufficient allegations to state a Monell claim against the City under either a failure to train or ratification theory, dismissal is appropriate. 2) Qualified Immunity … Having determined that Plaintiff fails to adequately allege a Monell claim against the City, the Court need not reach the City’s qualified immunity argument.

Lowary v. Lexington Local Board of Education

704 F. Supp. 1456 · District Court, N.D. Ohio · Mar 2, 1988

Finally, the defendant Association argues that an accountant is not qualified to make the legal determination of a chargea-bility. … It is clear that under Tierney , the union is entitled to the clearly chargeable portion of non-members fees and the nonmember is entitled to an advance reduction for that part which is clearly nonchargeable.

Trabon Engineering Co. v. Eaton Manufacturing Co.

37 F.R.D. 51 · District Court, N.D. Ohio · Dec 9, 1964

The case further held that a corporate defendant was not immune from the discovery process of the Federal Rules of Civil Procedure ; thus the fact a penalty is sought does not protect defendant from discovery. … In patent cases, however, the Court can think of no one more qualified than the inventors to express opinion as to what constitutes theft of their inventiveness.

Tufts v. United States Postal Service

431 F. Supp. 484 · District Court, N.D. Ohio · Dec 14, 1976

The defendants also renew their earlier motion, based on Fed.R.Civ.P. 21, to dismiss defendants Gene Scott, Clarence Gels and Earl Clark on the ground that they are misjoined parties because of official immunity. … Furthermore the record fails to conclusively establish that Tufts was not a preference eligible, non-probationary employee.

Ohio Environmental Development Ltd. Partnership v. Envirotest Systems Corp.

478 F. Supp. 2d 963 · District Court, N.D. Ohio · Mar 14, 2007

As such, Watson is qualified to offer an expert opinion as to whether Defendant breached the Master Lease Agreement. J. … Erwin, 468 F.2d 1293, 1297-98 (5th Cir.1972) (“Although the prohibition of assignment may be so clearly stated to be applicable to the right as well as the duty as to preclude another interpretation, it will generally be

In re Amster

249 F. 256 · District Court, N.D. Ohio · Mar 26, 1918

He was therefore better qualified to pass upon the credibility of witnesses and draw inferences from the testimony Ilian is a reviewing court. … The law is well settled thru in this situation the master’s findings should be sustained, unless clearly improper or without evidence to support them.

Rose v. United States of America Louis Stokes VA Medical Center

District Court, N.D. Ohio · Mar 28, 2022

explained in his Report and Recommendation, conduct that involves medical decisions regarding diagnosis, treatment and causation, particularly in light of Billy Ray’s past cancer treatment, reconstructed bladder and COPD, clearly … Thus, Plaintiff cannot establish her wrongful death claim in the absence of expert testimony.

Bryant v. Wilkie

District Court, N.D. Ohio · Jan 22, 2020

An action has no arguable basis in law when a Defendant is immune from suit or when a Plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327. … Both “disability” and “qualified individual” require further definition.

Belasco v. Warrensville Heights City School District

86 F. Supp. 3d 748 · District Court, N.D. Ohio · Jan 16, 2015

In order to establish a claim under the ADA or Ohio law, the plaintiff must show that (a) he was disabled, (b) was otherwise qualified to perform the essential functions of the job with or without reasonable accommodation … In order to establish a prima facie of disability discrimination under the ADA for failure to accommodate, a plaintiff must show that: (1) she is disabled within the meaning of the Act; (2) she is otherwise qualified for

Silbaugh v. Viking Magazine Services

278 F.R.D. 389 · District Court, N.D. Ohio · Jan 10, 2012

You were qualified to receive $250 in free gift cards today ONLY! To find out more call 888-863-5570 now! TXT STOP TO STOP.” … The issue of which party bears the burden of establishing consent is a common question.

Ingram v. Regano

District Court, N.D. Ohio · Mar 31, 2021

Moreover, the Defendant Administrators are entitled to qualified immunity. She also fails to allege an adverse employment action as she was only barred from volunteering or substitute teaching at one school. … Defendants allege they are entitled to Qualified Immunity on Ingram’s § 1983 claims because she has not alleged a violation of a constitutional right.

Hall v. Warden Brazie

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

Courts are not required, however, to accept as true factual allegations that are clearly irrational or wholly incredible. Denton v. … Moreover, even if Plaintiff had met the objective component of the Eighth Amendment, he fails to establish the subjective component.

Holt v. Cuyahoga County Court of Common Pleas

District Court, N.D. Ohio · Aug 20, 2025

Judge Celebrezze, Magistrate Howe, and the Clerk of Court are immune from suit. It is well established that judicial officers are generally entitled to absolute immunity from civil suits for money damages. Mireles v. … Nor is there any suggestion that they acted clearly outside of the subject matter jurisdiction of the court over which they preside.

Bushner v. McConahay

District Court, N.D. Ohio · Mar 21, 2024

Finally, qualified immunity “turns on the ‘objective legal reasonableness of the action, assessed in light of the legal rules that were clearly established at the time it was taken.’” Pearson v. … Plaintiff does not allege the violation of a clearly established constitutional right.

Davie v. Mitchell

291 F. Supp. 2d 573 · District Court, N.D. Ohio · Sep 4, 2003

clearly established Federal law, as determined by the Supreme Court of the United States.” … clearly established Federal law, as determined by the Supreme Court of the United States.”

Jastremski v. Safeco Ins. Companies

243 F. Supp. 2d 743 · District Court, N.D. Ohio · Jan 31, 2003

manual states, in a section titled “Time Away From Work,” that “[e]xempt employees are not subject to a reduction in pay for absences of less than a full work day unless the absence is due to a [Family and Medical Leave Act] qualified … If the employee’s sole job is to “tabulate data, he is' clearly not exempt.”

Pizzimenti v. Oldcastle Glass Inc.

666 F. Supp. 2d 839 · District Court, N.D. Ohio · Oct 27, 2009

The dispute here on the “qualified” element of the prima facie case is similar to the arguments in Cline . … The weight of authority is clearly against allowing public policy claims based on Revised Code 4112.02. See e.g., Carrasco v.