Case law

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

Musarra v. Digital Dish, Inc.

454 F. Supp. 2d 692 · District Court, S.D. Ohio · Sep 28, 2006

The parties agree that Digital Dish technicians’ tracks (if they have one) do not qualify as “commercial motor vehicles” under 49 U.S.C. § 31132 (1). See supra, Part IV.A. … Defendant asserts that its tracking system clearly rises to the level of the sophisticated system, which suggests interstate commerce. The Court agrees.

Cool

District Court, S.D. Ohio · Aug 6, 2026

But 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). … “Conclusory allegations are insufficient to establish a cause of action under § 1981.” Drake v. Enyart, No. 3:06-CV-217, 2006 WL 3524109, at *3 (W.D. Ky. Dec. 4, 2006).

Harris v. Purdue Pharma, L.P.

218 F.R.D. 590 · District Court, S.D. Ohio · Sep 30, 2003

The burden is on the plaintiff “to establish his right” for class certification. Senter v. General Motors Corp., 532 F.2d 511, 522 (6th Cir.1976). … Based on “millions of prescriptions sold” since its introduction in the market, Plaintiffs argue they have established numerosity (doc. 70).

Morrison v. The E.W. Scripps Company

District Court, S.D. Ohio · Nov 26, 2024

Morrison had previously had COVID-19, and had documentation with anti-bodies [that] demonstrated natural immunity[.]”)). … But by contrast in Stanley, “the Sixth Circuit assessed the text of Title VII and determined that a request for an accommodation does not qualify as a protected activity under the statute,” making Stanley

Kalniz v. Ohio State Dental Board

699 F. Supp. 2d 966 · District Court, S.D. Ohio · Mar 29, 2010

Furthermore, the State of Ohio has not waived its Eleventh Amendment immunity in federal courts. Johns v. Supreme Court of Ohio, 753 F.2d 524 (6th Cir.1985). Dr. … Mar. 7, 1991) (“the regulation of the practice of dentistry and insurance are clearly important state interests.”). 3. Adequate Opportunity to Raise Constitutional Challenge Dr.

Martin v. Steubner

485 F. Supp. 88 · District Court, S.D. Ohio · Oct 30, 1979

But a highly reasonable inference from this statement would be that the arena is a currently profitable venture, which was clearly not true. … Plaintiff points out that defendants have the burden of proof to establish that the violations did not materially affect the protection contemplated, Biernbaum v.

Libertarian Party of Ohio v. Wilhem

District Court, S.D. Ohio · Jun 5, 2020

The Court, however, is fully capable of assessing the state of the law surrounding Eleventh Amendment immunity without the aid of additional briefing. … To that end, O.R.C. § 3517.152(a)(1) establishes a bipartisan Commission that has an inherent system of checks and balances.

Enviro Air, Inc. v. United Air Specialists, Inc.

322 F. Supp. 633 · District Court, S.D. Ohio · Nov 18, 1970

Air cleaning equipment in commercial establishments, including bowling alleys, was in use at least by the early 1960’s. … It must be conceded, at this stage of these proceedings, that the idea qualified as an “invention.”

Stradford v. Rockwell International Corp.

755 F. Supp. 760 · District Court, S.D. Ohio · Jan 17, 1991

Their inquiry is clearly fact specific. … United States Elevator Corp., 723 F.Supp. 1344, 1345 (E.D.Mo.1989) (“Patterson clearly establishes that plaintiff may not maintain an action for discriminatory discharge under 42 U.S.C. § 1981”). 4 The federal appellate courts

Dent v. United States Postal Service

538 F. Supp. 1079 · District Court, S.D. Ohio · May 13, 1982

Postal Service; in paragraph five, that plaintiff fulfilled all requirements and obligations pursuant to the agreement in order to qualify for consideration for reinstatement; and, in paragraph six, on February 5, 1980, that … We find, however, that this is not the proper case in which to make new law and establish a federal statute of limitations for section 301 cases.

Leathers v. Fed Ex

District Court, S.D. Ohio · Jun 17, 2025

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. … Mich. 1962) (“[I]t is well-established that a plaintiff is not entitled to an award of damages unless both the fact of damage and the amount of damage are established with reasonable certainty; neither may properly be based

Cort v. Thorp

District Court, S.D. Ohio · Sep 4, 2025

The Sixth Circuit has held that “officers act in a ‘wanton or reckless’ manner when they violate an individual’s clearly established constitutional rights.” Heeter v. … Neither the testimony nor the video evidence in the record clearly establishes whether Cpl. Cort “rammed” the Officers with his wheelchair. The question must be submitted to a jury. 2.

Penick v. Columbus Board of Education

519 F. Supp. 925 · District Court, S.D. Ohio · Jan 8, 1981

It clearly revealed the racial imbalance in the assignment of administrative and teacher personnel in Columbus. … The State Board’s supervisory obligation was spelled out clearly by the Ohio Attorney General’s opinion in 1956.

Green v. CommuteAir

District Court, S.D. Ohio · Nov 8, 2024

proceeding in forma pauperis, the Court must dismiss the complaint, or any portion of it, that is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune … To establish a prima facie case of employment discrimination under that Title, Plaintiff must show that (1) he is a member of a protected class; (2) he suffered an adverse employment action; (3) he was qualified for his

Mincey v. The State of Ohio

District Court, S.D. Ohio · Feb 9, 2021

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. … As an initial matter, the complaint must be dismissed against the State of Ohio because it is immune from suit.

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).

Boxill v. O'Grady

District Court, S.D. Ohio · Mar 24, 2021

Boxill responded at length with the argument that Defendant is not entitled to qualified immunity. In his reply, Judge O’Grady clarified that he does not take the position that he is entitled to qualified immunity. … The Court, therefore, need not address qualified immunity. a sex-based hostile work environment that ultimately lead to her constructive discharge.

Cornell v. Butler County Probate Court

District Court, S.D. Ohio · Oct 18, 2021

If true, these facts would establish Cady as an “employer,” subject to the FMLA, were it not for the setting of a “public agency.” … Sovereign immunity forecloses FMLA claims against the probate court. See Davis v. Jackson Cty. Mun. Ct., 941 F.Supp.2d 870, 878-79 (S.D. Ohio 2013).