Case law

United States v. Ernst & Whinney

584 F. Supp. 1073 · District Court, N.D. Ohio · Mar 23, 1984

The extensive affidavits submitted by the IRS in the present action avowing that E&W has advised clients to improperly classify property so as to qualify for the. investment tax credit are sufficient to establish a prima … However, any inaccuracies in the IRS affidavits appear to be a result of the failure of E&W *1078 clients to clearly and specifically identify in their records the property claimed for the investment tax credit.

Randleman v. Fidelity National Title Insurance

247 F.R.D. 528 · District Court, N.D. Ohio · Jan 31, 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.

Stansell v. Grafton Correctional Institution

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

The mere adherence to an original decision, however, is not enough to establish continuing violation.55 A continuing violation exists only when there are “continued unlawful acts” rather than “continued ill effects from … To bring a discrimination claim under the ADA, “a plaintiff must prove that: ‘(1) he has a disability; (2) he is otherwise qualified; and (3) he is being excluded from participation in, being denied the benefits of, or

Smith v. Ware

District Court, N.D. Ohio · Dec 29, 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. … To state a prima facie case for retaliation prohibited by the First Amendment, Plaintiff must establish: 1) he engaged in protected conduct; 2) an adverse action was taken against him that would deter a person of ordinary

Goodsite v. Norfolk Southern Railway Co.

957 F. Supp. 2d 888 · District Court, N.D. Ohio · Jul 31, 2013

With respect to the third element, though, the parties disagree about what actions qualify as adverse employment actions for purposes of retaliation. … However, “[a]n employee’s decision to report discriminatory behavior cannot immunize that employee from those petty slights or minor annoyances that often take place at work.” Id.

Wilson-Simmons v. Lake County Sheriff's Department

982 F. Supp. 496 · District Court, N.D. Ohio · Oct 22, 1997

Wilson-Simmons is a member of a protected class and qualified for her position as a Correction Officer. The parties dispute, however, whether or not Ms. … Wilson-Simmons perceived the assignment to fourth floor duty as less favorable, the fourth floor is clearly part of her duties as a correction officer.

Penson v. Mnuchin

District Court, N.D. Ohio · Jul 31, 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. … Law and Analysis As an initial matter, Plaintiff fails to establish the Court’s subject-matter jurisdiction.

Hunter v. May

District Court, N.D. Ohio · Apr 20, 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. … A plaintiff must also establish a subjective element showing the prison officials acted with a sufficiently culpable state of mind. Id.

Toler

District Court, N.D. Ohio · Jan 12, 2026

A claim lacks an arguable basis in law or fact where it is premised on an indisputably meritless legal theory or where the factual contentions are clearly baseless. Id. … It is well established that judicial officers are generally entitled to absolute immunity from civil suits for money damages. Mireles v. Waco, 502 U.S. 9, 9 (1991); Barnes v.

Mowry v. United States

District Court, N.D. Ohio · May 10, 2021

Evid. 702 “clearly contemplates some degree of regulation of the subjects and theories about which an expert may testify.” Looking to Fed. R. … The United States objects to the use of an advisory jury arguing the Federal Torts Claims Act (“FTCA”) is a limited waiver of sovereign immunity, with one such limitation being that claims brought under the FTCA “shall

Tangas v. Int'l House of Pancakes, LLC

298 F. Supp. 3d 1116 · District Court, N.D. Ohio · Feb 8, 2018

Furthermore, the record establishes that IHOP paid Tangas's salary and issued her W-2 forms. (Doc. 37-2 at 2, ¶ 4). … Such language clearly contemplates that a former employee may be entitled to indemnification.

Knotts v. Black & Decker, Inc.

204 F. Supp. 2d 1029 · District Court, N.D. Ohio · May 13, 2002

In light of the chil-drens’ statements not being qualified as excited utterances, the Defendant has met its burden of establishing a lack of trustworthiness. See United States v. … This extrapolation theory when coupled with the lack of any independent testing qualifies Dr.

Bridges v. Blackmon

District Court, N.D. Ohio · Oct 25, 2023

In her opinion, Judge Gallagher found that Bridges failed to establish substantive grounds for relief and denied the petition. … Both O’Malley and Yost are immune from suit in this case.

Mullet v. Wayne-Dalton Corp.

338 F. Supp. 2d 806 · District Court, N.D. Ohio · Sep 27, 2004

Although she might have been technically "qualified” for her position, her performance (or lack thereof due to absenteeism) arguably rendered her unqualified, since, to establish the third element of a prima facie case, a … The employer was arguing that the pregnant employees who sought modified-duty positions were not qualified for such positions because they had not been injured on the job and, therefore, could not establish the "qualified

Oko v. City of Cleveland

District Court, N.D. Ohio · Oct 4, 2023

The Court determined 6 that Officers Donegan, Smith, and Combs were entitled to qualified immunity with respect to Plaintiff’s due process, takings, … The City of Cleveland Defendants raised numerous, specific arguments in support of their summary judgment Motion, including statute of limitations, qualified immunity, pleading insufficiency, state law immunity, and failure

Sturm v. United States Trustee

455 B.R. 130 · District Court, N.D. Ohio · Jul 14, 2011

Sturm’s credit card payments qualified for a marital adjustment. … Furthermore, the Trustee bears the burden of establishing that Mr.

Aldrich v. Greg

200 F. Supp. 2d 784 · District Court, N.D. Ohio · Feb 6, 2002

The guidelines for calculating the number of “hours worked” under the FLSA clearly state that only hours actually spent working count toward the FMLA “hours of service” requirement. … To qualify as an “eligible employee,” plaintiff must have worked 1,250 “hours of service” between October 6, 1998, and October 6, 1999, the first day plaintiff requested ' leave. See 29 C.F.R. § 825.110 (a)(2).

Kemp v. Biden

District Court, N.D. Ohio · Jun 7, 2024

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. … Finally, even if Plaintiff could establish standing to bring this action, the President of the United States has absolute immunity from civil damage actions arising out of the execution of official duties of office.

St. Clair v. Kroger Co.

581 F. Supp. 2d 896 · District Court, N.D. Ohio · Oct 14, 2008

The question presented here is not one that would affect uniformity — it is a question of applying the facts, whatever they may be, to an already established standard. … First, the CSPA clearly defines the proper methods to provide defendant with notice and USDA publications are not included. Next, Ohio Admin.

Nuttall v. Progressive Parma Care Center, LLC.

District Court, N.D. Ohio · Dec 15, 2021

because her immune system was low. (Nuttall Dep., pp. 92-93).4 Dr. Aldoori did not send the requested correspondence. (Davis Dep., p. 16). The record shows that on April 10, 2020, Ms. … A plaintiff cannot establish a prima facie case of FMLA interference without first demonstrating that she suffered from a “serious health condition.” See Morris v.