Case law

Reed Elsevier, Inc. v. TheLaw. Net Corp.

269 F. Supp. 2d 942 · District Court, S.D. Ohio · Mar 24, 2003

Whereas the Plaintiffs and West have established themselves and them products and services within the legal profession over the course of several decades, the Defendant is a relative newcomer to the field. … Childers, 101 F.3d 44, 48 (6th Cir.1996) (qualified immunity in a case arising under 42 U.S.C. § 1983 properly raised on 12(b)(6) motion); Dixon v.

Gitzinger v. United States

267 F. Supp. 944 · District Court, S.D. Ohio · Mar 22, 1967

The purpose of establishing this sliding scale was to encourage the expeditious removal of the limestone deposit by Atlas. … Atlas was continuing to extract limestone at the rate established in the original agreement.

Conners v. SpectraSite Communications, Inc.

465 F. Supp. 2d 834 · District Court, S.D. Ohio · Oct 12, 2006

The employee must establish that a reasonable accommodation is possible, and that he is qualified for the position with such reasonable accommodation. Hoskins v. … Under the ADA, a plaintiff must show the following to establish a prima facie case of improper termination or disparate treatment: 1) that he is disabled; 2)that he is otherwise qualified for the position, with or without

Ohio, Department of Human Services v. Sullivan

789 F. Supp. 1395 · District Court, S.D. Ohio · Mar 31, 1992

OCSE’s expert was well-qualified and persuasively attested to the validity of the methods OCSE used, providing supporting analyses. … Again, the Board clearly placed the burden on OCSE to show that the State did not meet the audit criteria.

Hall v. Wetzel

District Court, S.D. Ohio · Aug 14, 2020

Facial plausibility is established “when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. … As a preliminary matter, the monetary and injunctive relief Plaintiff seeks would clearly interfere with state court proceedings, in which the state has an important interest.

In re Ohio Execution Protocol Litigation

840 F. Supp. 2d 1044 · District Court, S.D. Ohio · Jan 11, 2012

ordinance, regulation, custom, or usage, of any State ... subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … The burden falls squarely to the plaintiff, who must overcome the presumption of rationality by alleging that the defendant acted in a manner clearly contrary to law. Id.

Beeler v. Western Southern Life Insurance

247 F. Supp. 2d 913 · District Court, S.D. Ohio · Nov 7, 2002

More specifically, Western contends that Beeler does not qualify for relief under the ADA or Chapter 4112 of the Ohio Revised Code. … In other words, his complaint is that Western had an established history of not imposing any changes to its benefits structure upon its existing employees, that this precedent was established as a matter of contract, and

Wiggins v. Bank of America, N.A.

District Court, S.D. Ohio · Jan 29, 2020

A discovery stay may serve the interests of judicial economy, for example, where “the defendant has raised a defense, such as absolute or qualified immunity, which must, as a matter of law, be addressed before discovery … For example, Defendants’ Motion to Dismiss does not “raise[] an issue such as immunity from suit, which would be substantially vitiated absent a stay.”

Nixon v. WBH Cincinnati LLC

District Court, S.D. Ohio · Sep 19, 2022

therefore ‘are immune from suits brought by citizens of Ohio.’” … Simply put, Plaintiff has not established this Court’s subject matter jurisdiction with respect to Franklin County. Allah, 2018 WL 375224 at *5 (citing Apple v.

Sorsby

District Court, S.D. Ohio · Jun 2, 2026

(iv) Discovery requests made in this litigation and under this Protective Order shall be deemed the equivalent of a lawfully issued subpoena under FERPA; (v) Accordingly, discoverable materials that qualify … if any document or ESI (including, without limitation, metadata) received by a party is on its face clearly subject to a legally recognizable privilege, immunity, or other right not to produce such information

Lovett v. Gobel

District Court, S.D. Ohio · Jan 3, 2025

“There are three exceptions to sovereign immunity: (1) when the state has waived immunity by consenting to the suit, (2) when Congress has expressly abrogated the states’ sovereign immunity, and (3) when the doctrine set … First, “Ohio has not waived sovereign immunity in federal court.” Mixon v. State of Ohio, 193 F.3d 389, 397 (6th Cir. 1999). Second, “Section 1983 does not abrogate Eleventh Amendment immunity.”

McCormick v. Franklin County Court of Common Pleas Domestic Division

District Court, S.D. Ohio · May 4, 2020

Plaintiffs’ Complaint, however, does not contain sufficient factual allegations to establish that Defendant Brown committed any of these predicate criminal actions in her personal capacity. … Judicial immunity is immunity from being sued. Mireles v. Waco, 502 U.S. 9, 11 (1991).

Interstate Towing Ass'n, Inc. v. Cincinnati

799 F. Supp. 805 · District Court, S.D. Ohio · Jun 15, 1992

All tow trucks subject to the FMCSRs must be inspected at least annually by an inspector qualified pursuant to 49 C.F.R. § 396.17 and inspected daily pursuant to 49 C.F.R. § 396.11 . 13. … The issue, then, is whether the burden the Cincinnati T-sticker law places on interstate commerce is clearly excessive when compared to the local benefits of the law. See Minnesota v.

Brunton v. United States

518 F. Supp. 223 · District Court, S.D. Ohio · Jun 30, 1981

Clearly, the plaintiffs’ complaint, alleging political patronage dismissals, states a First Amendment claim upon which relief may be granted, on the basis of Elrod v. … The Act also established Mr. ■Naylor’s position of Under Secretary for Small Community and Rural Development.

Mitchell v. KeyBank National Association

District Court, S.D. Ohio · Apr 25, 2025

Moreover, with respect to the Defendant Judges, “[i]t 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 … There are only two exceptions to judicial immunity: First, a judge is not immune from liability for nonjudicial actions, i.e., actions not taken in the

Luther v. Z. Wilson, Inc.

528 F. Supp. 1166 · District Court, S.D. Ohio · Jul 15, 1981

Although plaintiff’s activities clearly advanced her own interests, they were an integral part of defendant’s business. … Although it is clear that defendant is in the business of providing a service, not all service establishments can qualify for this exemption. See Brennan v. Southern Productions, Inc., 513 F.2d 740 (6th Cir. 1975).

Holmes v. Scarlet Oaks Retirement Community

277 F. Supp. 2d 829 · District Court, S.D. Ohio · Jul 25, 2003

action; (3) she was qualified; and (4) she was replaced by or treated less favorably than similarly-situated non-protected class members. … Rogers' comment could be considered direct evidence to establish that Ms.

Tucker v. Alvis, Inc.

District Court, S.D. Ohio · Dec 9, 2020

renders him less qualified than Plaintiff for that position. Finally, Plaintiff alleges that he was more qualified than Ms. … Facial plausibility is established “when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id.

Yoder v. Ohio Bureau of Workers' Compensation (In Re Suburban Motor Freight, Inc.)

156 B.R. 790 · District Court, S.D. Ohio · Mar 25, 1992

Analysis of Ohio Workers’ Compensation Premiums as an Excise Tax The Bankruptcy Code affords priority status to claims of governmental units that meet the qualifying standards of § 507(a)(7)(E): (a) The following expenses … The imposition of a lien as a remedy for nonpayment does not completely distinguish the premiums from clearly non-tax charges, such as water and utility fees; however, that factor, when coupled with the mandatory participation

Randolph v. Bath & Body Works, Inc.

District Court, S.D. Ohio · Jun 18, 2025

Cleveland, 173 F.3d 552, 567 (6th Cir. 1 Even if the Court construed the Complaint as asserting a Bivens claim against the EEOC, the claim would still fail because the EEOC is entitled to sovereign immunity. … Nov. 6, 2024) (“But McDonnell Douglas did not establish a pleading standard for employment-discrimination plaintiffs.