Case law

Hall v. United States Office of the General Counsel Administrative Office of the US Courts

District Court, N.D. Ohio · Jul 18, 2024

Plaintiff does not clearly set forth a factual basis for his claims against the two Supreme Court Clerks. Those claims appear to based on the rejection of his Petition for a Writ of Certiorari. … Plaintiff has established a pattern of filing Complaints in this Court which are patently frivolous and vexatious, and which appear calculated to harass the Defendants and abuse the judicial process.

Carpenter v. Refrigeration Sales Corp.

49 F. Supp. 2d 1028 · District Court, N.D. Ohio · May 5, 1999

In order to trigger application of the FMLA, an employee must provide her employer with notice that she needs FMLA-qualifying leave. See, e.g., George v. Associated Stationers, 932 F.Supp. 1012, 1016 (N.D.Ohio 1996). … First, Carpenter clearly referred to Wagner in her motion for partial summary judgment, as indicated by the fact that she uses the plural “defendants,” rather than the singular “defendant.”

St. Vincent Mercy Medical Center v. Leavitt

484 F. Supp. 2d 746 · District Court, N.D. Ohio · Apr 23, 2007

Vincent cannot meet either proximity test, it no longer qualifies for reclassification. … Vincent would presumably qualify for this one-year transition period; however, St.

Cleveland Athletic Club v. United States

588 F. Supp. 1305 · District Court, N.D. Ohio · Jul 19, 1984

Case law makes clear that all deductions, whether with respect to individuals or corporations, are matters of legislative grace, and unless the claimed deductions come clearly within the scope of the statute, they are not … The Club concedes that to qualify as a “trade of business” under the Code, the activity must be “profit motivated”. Patterson v. United States, 198 Ct.Cl. 543 , 459 F.2d 487 (1972); Snyder v.

Palma v. Ashtabula County

District Court, N.D. Ohio · Sep 6, 2022

The Court concluded that Johns did not violate Vincent’s constitutional rights and was therefore entitled to qualified immunity. Id. at 10-11. … That court concluded there were genuine disputes of material fact concerning whether Johns violated Vincent’s clearly established constitutional rights, and, thus, Defendants were not entitled to summary judgment on qualified

Cedeno v. Friedman

District Court, N.D. Ohio · Apr 4, 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. … It is a subdivision of the Common Pleas Court established by Ohio Revised Code § 2302.01. The actions of the Defendants are those necessary to carry out the functions of the court.

Tullis v. UMB Bank, N.A.

640 F. Supp. 2d 974 · District Court, N.D. Ohio · Aug 11, 2009

The aforementioned designation clearly provides Dr. … However, section 406 of ERISA clearly prohibits fiduciaries from causing the plan to engage in prohibited transactions, rather than simply allowing such transactions to occur.

United States v. Dimora

836 F. Supp. 2d 534 · District Court, N.D. Ohio · Dec 28, 2011

This information clearly established that paperwork, along with records of calls, were flowing between Dimora’s home and office. … “However, Sixth Circuit precedent clearly establishes that the affiant need only specify that the confidential informant has given accurate information in the past to qualify as reliable.” United States v.

Whites Landing Fisheries, Inc. v. State of Ohio

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

Jan. 3, 2025) (“neither fishing licenses nor fish qualify as “property”); and Vanek v. … Plaintiffs also cannot establish a breach of fiduciary duty claim.

Bowen v. General Motors Corp. AC Spark Plug Division

542 F. Supp. 94 · District Court, N.D. Ohio · Dec 23, 1981

The Court’s first inquiry is whether Bowen retained qualified counsel. The Court finds that he did retain qualified counsel in Paul Tscholl, John Tscholl, and Ray Pallas. … This clearly was not a case where only the named plaintiff’s individual claims were litigated.

Trebbles v. The State of Ohio

District Court, N.D. Ohio · Aug 11, 2021

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. … To establish a prima facie case under 42 U.S.C. § 1983, Plaintiff must assert that a person acting under color of state law deprived him of rights, privileges, or immunities secured by the Constitution or laws of the United

Jones v. Bradshaw

489 F. Supp. 2d 786 · District Court, N.D. Ohio · May 21, 2007

Jurors were seated who were all death qualified. 6. … and interpreted the relevant Supreme Court case law to determine whether a legal principle or right had been clearly established by the Supreme Court.”

Lopez v. American Family Insurance

161 F. Supp. 3d 570 · District Court, N.D. Ohio · Mar 31, 2014

To establish a prima facie ease of discrimination, Plaintiff must demonstrate that: “(1) she is a member of a protected class; (2) she was subjected to an adverse employment action; (3) she was qualified [for the position … For this action, “liability clearly does not extend to mere insults, indignities, threats, annoyances,” malice, or even conduct that would entitle a party to an award of punitive damages for another tort. Yeager v.

Ford v. Owens-Illinois, Inc.

961 F. Supp. 2d 857 · District Court, N.D. Ohio · Oct 25, 2012

The Memorandum went on to state that shutdown benefits that are in the form of a severance benefit may not be provided in a qualified pension plan. Id. … established that the enhanced benefits would no longer be available. 01 contends the clear statements in both the plan and brochure preclude plaintiff from establishing the element of justifiable reliance.

Zamlen v. City of Cleveland

686 F. Supp. 631 · District Court, N.D. Ohio · May 27, 1988

Points were awarded to qualified veterans prior to their taking the written examination. … The public interest clearly lies in having the most highly qualified person selected for the position of firefighter. 17.

Jackson v. Cuyahoga Court of Common Pleas

District Court, N.D. Ohio · Mar 26, 2024

Neither exception to immunity applies in this case and Judge Synenberg is absolutely immune from suits for damages. Judge Gaul is also entitled to judicial immunity. … The first exception to immunity does not apply.

Randleman v. Fidelity National Title Insurance

251 F.R.D. 267 · District Court, N.D. Ohio · Jun 4, 2008

Further, the Randlemans are thoroughly aware of the facts of this litigation and clearly have a stake in the outcome of this case. The Randlemans and the potential class members suffered the same injury. … Only a prior insurance policy qualifies for the refinance discount; the rate rules do not allow for a discount on the basis of these other guarantees.

Spence v. Local 1250, United Auto Workers

595 F. Supp. 6 · District Court, N.D. Ohio · Mar 29, 1984

The evidence clearly indicates Spence sincerely believed Blackwell was being discriminated against because he was black. … It is undisputed that Spence was qualified for the janitor’s job he held prior to his termination.

Schiavoni v. Marn

District Court, N.D. Ohio · Jul 25, 2025

Plaintiff responds that she has sufficiently alleged a due process claim against the Individual Defendants because: (i) she had a clearly established right to be free of gender-based discrimination and retaliation under … Schiavoni had a clearly established right to be free of gender-based discrimination and retaliation under Title VII.” (ECF No. 22, PageID #223).

National Satellite Sports, Inc. v. Eliadis, Inc.

65 F. Supp. 2d 662 · District Court, N.D. Ohio · Jul 30, 1999

This second basis for the holding was not essential to the judgment, since, in the court’s view, the contractual language clearly barred the action. … No one could seriously argue that persons who are engaged solely in the unlawful manufacture or distribution of such equipment are thereby automatically immune from liability under § 605(e)(4).