Case law

TriHealth, Inc. v. Board of Commissioners

347 F. Supp. 2d 548 · District Court, S.D. Ohio · Dec 10, 2004

Thus, TriHealth cannot establish a due process violation solely from a procedural violation. … Clearly, Plaintiffs’ positions are incompatible: the Court could not grant summary *559 judgment to TriHealth, or Defendants of course, if the Court found that there were disputed issues of material fact.

Myers v. City of Centerville

District Court, S.D. Ohio · Jan 17, 2023

A detailed description of the Complaint’s allegations can be found in the Sixth Circuit opinion addressing the individual Defendants’ claims of qualified immunity. See Myers v. … The District Judge, upon consideration of the motion, shall set aside any part of this Order found to be clearly erroneous or contrary to law.

Morris, Sr. v. Small Business Administration

District Court, S.D. Ohio · May 19, 2023

An action has no arguable legal basis when the defendant is immune from suit or when plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327. … Maybe Congress and the SBA could have done better, but the fact is that they were struggling to craft a plan for distributing limited RRF funds among a sea of qualified applicants in the face of a global pandemic

Cruz v. Forshey

District Court, S.D. Ohio · May 17, 2023

An action has no arguable legal basis when the defendant is immune from suit or when plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327. … Lappin, 630 F.3d 468, 471 (6th Cir. 2010), or “clearly irrational or wholly incredible.” Ruiz v. Hofbauer, 325 F.

Carr v. Google Inc., a Delaware Corporation

District Court, S.D. Ohio · Jul 10, 2023

An action has no arguable legal basis when the defendant is immune from suit or when plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327. … But punitive damages do not qualify as the requisite type of “damage” or “loss” in excess of $5,000 that the CFAA requires. In fact, “[t]he plain language of the CFAA does not authorize punitive damages” at all.

Carr v. OneTouchPoint, Inc.

District Court, S.D. Ohio · Jul 10, 2023

An action has no arguable legal basis when the defendant is immune from suit or when plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327. … But punitive damages do not qualify as the requisite type of “damage” or “loss” in excess of $5,000 that the CFAA requires. In fact, “[t]he plain language of the CFAA does not authorize punitive damages” at all.

Burkhart v. Tallentire

51 F. Supp. 123 · District Court, S.D. Ohio · Jun 11, 1943

Burkhart died at Reading, Ohio, in November, 1941, and the defendant The Southern Ohio Savings Bank and Trust Company was appointed and qualified as Executor of the estate. … That the question raised may be regarded as serious rather than frivolous, as plaintiff claims, clearly appears from the language of the judge entering the final decree, “I am no longer free to apply my best judgment, but

Storrs v. University of Cincinnati

271 F. Supp. 3d 910 · District Court, S.D. Ohio · Sep 26, 2017

To be entitled to summary judgment, an EPA defendant must establish its defense “so clearly that no rational jury could have found to the contrary.” Principi, 441 F.3d at 365 (citation omitted). … The conclusory allegations relied on by UC simply do not establish its affirmative defense “so clearly that no rational jury” could find otherwise. Finally, Dr.

Carr v. Meta Platform, Inc.

District Court, S.D. Ohio · Jun 8, 2023

An action has no arguable legal basis when the defendant is immune from suit or when plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327. … But punitive damages do not qualify as the requisite type of “damage” or “loss” in excess of $5,000 that the CFAA requires. In fact, “[t]he plain language of the CFAA does not authorize punitive damages” at all.

Walther v. Pension Plan for Salaried Employees of the Dayton-Walther Corp.

880 F. Supp. 1170 · District Court, S.D. Ohio · Sep 14, 1994

BASF’s decision to merge the two plans in 1961 clearly constituted the establishment or amendment of a Pension Plan and is therefore a business decision that should not be overturned by the court in the absence of violation … These payments were clearly an increase from the previously established (1988) figures.

Alili

District Court, S.D. Ohio · Aug 25, 2026

the information required to be stated under this part is clearly set forth.” … required to be stated under this part is clearly set forth.”).

Pearson v. Easy Living, Inc.

534 F. Supp. 884 · District Court, S.D. Ohio · Jul 14, 1981

It must qualify under the bipartite definition of “consumer” in 15 U.S.C. § 1602 (h). … The Pearsons allege identical violations in each contract: a) failure to clearly and conspicuously disclose the amount financed, b) failure to clearly and conspicuously disclose the deferred payment price, c) failure to itemize

Chrvala v. Borden, Inc.

14 F. Supp. 2d 1013 · District Court, S.D. Ohio · Jul 16, 1998

Kidder felt that the Powell Report clearly established “beyond a shadow of [a] doubt” that Chrvala’s management team “had been involved in a willful and intentional violation of policy.” … The statute clearly requires a causal relationship between the disparaging communication and the alleged harm.

In re E. I. Du Pont De Nemours & Co. C-8 Personal Injury Litig.

314 F. Supp. 3d 875 · District Court, S.D. Ohio · Jul 6, 2015

Plaintiffs maintain that the dosage level of C-8 that can cause these diseases is a general causation issue, which DuPont clearly agreed to not contest. This Court agrees. (DMO 1 at 7-9.) … DuPont has received the benefit of the No Probable Link Findings, immunity from lawsuits based on over forty *883 human diseases that tens of thousands of members of the Leach Class believe were caused by their ingestion

Anderson

District Court, S.D. Ohio · Apr 1, 2026

An action has no arguable legal basis when the defendant is immune from suit or when plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327. … To prove an Eighth Amendment excessive force claim, a prisoner must establish both a subjective and an objective component. Hudson v. McMillan, 503 U.S. 1, 8 (1992).

Dixon v. Williams

District Court, S.D. Ohio · Aug 20, 2019

Under the third tier, the political subdivision can have immunity reinstated by establishing that a defense set forth in § 2744.03 applies. Id. … An action has no arguable legal basis when the defendant is immune from suit or when plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327.

Ambler

District Court, S.D. Ohio · Apr 3, 2026

Still, the Court is not required to accept factual allegations that are “clearly irrational or wholly incredible.” Ruiz v. Hofbauer, 325 F. App’x 427, 429–30 (6th Cir. 2009). … To establish liability under § 1983 against an individual defendant, a plaintiff must plead and prove that the defendant was personally involved in the conduct that forms the basis of his complaint. Greene v.

Williams v. United Dairy Farmers

188 F.R.D. 266 · District Court, S.D. Ohio · Sep 20, 1999

Sixth Circuit explained that “to prevail on a Rule 60(b)(2) motion, a movant must demonstrate: (1) that it exercised due diligence in obtaining the information and (2) [that] the evidence is material and controlling and clearly … Hearsay, however, generally does not qualify as admissible evidence. See Fed.R.Evid. 802.

Bronson v. BD. OF EDUC. OF CITY OF CINCINNATI

573 F. Supp. 767 · District Court, S.D. Ohio · Oct 21, 1983

Over the past several years, the Plaintiffs have attempted on their own, and in response to the insistent urgings of the Defendants and the Court, to construct a complaint that clearly defines the permissible legal theories … This paragraph must be revised to the extent it purports to claim that Plaintiffs have been deprived of their federal constitutional and statutory rights, privileges and immunities because of the alleged existence of county-wide

Seil v. Keystone Automotive, Inc.

678 F. Supp. 2d 643 · District Court, S.D. Ohio · Jan 6, 2010

and in particular, Plaintiffs case, as follows: Basically, this is a disease where we think it’s from histoplasmosis, which is a fungus in the soil, but it can be from a lot of things, but it is basically where there’s an immune … Accordingly, summary judgment is clearly proper “against a party who fails to make a showing sufficient to establish the existence of an element essential to the party’s case and on which that party will bear the burden of