Case law

Komorek v. Conflict International, Inc.

District Court, S.D. Ohio · Mar 29, 2025

Defendants attempt to stretch the absolute litigation privilege beyond the boundaries established by the Ohio Supreme Court. … The liability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities. Id.

Tyson v. Carter

District Court, S.D. Ohio · Jul 19, 2024

The dash-cam video clearly shows that Defendant Carter administered several field sobriety tests. Video at 15:30-24:00. … Further, he contends that “[a]s a state employee, [he] is immune from such claims unless and until the Ohio Court of Claims determines that he is not entitled to immunity.” Id. at 180.

In Re Richardson-Merrell, Inc.

624 F. Supp. 1212 · District Court, S.D. Ohio · Sep 17, 1985

Goddard qualified as an expert and instead made the following statement: “The plaintiffs in this case question whether or not Dr. Goddard qualifies as an expert. … Do not assume that any of your answers will qualify you or disqualify you from serving on this jury. Please print your answers clearly in black ink.

Cervantes v. Sugar Creek Packing Co.

210 F.R.D. 611 · District Court, S.D. Ohio · Sep 25, 2002

Navarro testified that he was qualified for promotions but less-qualified Caucasians received the positions. Id., pp. 129-30. He recalled two or three Hispanics receiving promotions. Mr. … Defendant argues that plaintiffs have failed to establish that they were qualified for any promotions. The Court concludes that plaintiffs have satisfied the commonality requirement.

Silver v. Safelite Fulfillment Inc

District Court, S.D. Ohio · Sep 29, 2021

P’ship, 32 F.3d 86, 87–88 (4th Cir. 1994) (“child support obligations . . . do not qualify as ‘debts’ under the FDCPA because they were not incurred to receive consumer goods or services”); Turner v. … Plaintiff alleges that he resides in Texas, which establishes his Texas citizenship.

McGath v. Hamilton Local School District

848 F. Supp. 2d 831 · District Court, S.D. Ohio · Jan 30, 2012

also concede that they cannot maintain an action against the defendants for defamation, intentional infliction of emotional distress and negligent infliction of emotional distress on the grounds of political subdivision immunity … The party seeking an extension of time to effect service bears the burden of establishing good cause. Habib v. GMC, 15 F.3d 72, 73 (6th Cir.1994).

Heid v. Aderholt

District Court, S.D. Ohio · Apr 6, 2020

App’x. at 492 (“Allegations that are conclusory, ridiculous, or clearly baseless are also insufficient for purposes of the imminent-danger exception.”). Vandiver v. … After conducting a review of the records of the United States Courts, the Undersigned has found at least three cases that qualify as strikes under the three-strikes provision:

Nichols v. Warnecke

District Court, S.D. Ohio · Dec 19, 2024

An action has no arguable legal basis when the defendant is immune from suit or when the plaintiff claims a violation of a legal interest that 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. App’x 427, 429-30 (6th Cir. 2009). C.

Decastro v. Wagner

District Court, S.D. Ohio · Aug 3, 2023

purposes of a motion for judgment on the pleadings, all well-pleaded material allegations of the pleadings of the opposing party must be taken as true, and the motion may be granted only if the moving party is nevertheless clearly … Barrett, Judge United States District Court 4 Consequently, the Court declines to reach the issue of qualified immunity.

McCurdy v. United States

328 F. Supp. 1068 · District Court, S.D. Ohio · Dec 16, 1970

In the labyrinth of government, while both District Directors and Regional Appellate Staffs are part of the Internal Revenue Service, the Appellate Staff is clearly not a part of any District Director’s organization. … The verdict of the jury does establish that, with respect to the stock, plaintiff has sustained the alternative position of long-term capital loss. SECOND — the Notes and the § 166 question.

Golden v. The Ohio Department of Rehab. and Corr.

District Court, S.D. Ohio · Jun 9, 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. … “To establish a claim for relief under the Equal Protection Clause, a plaintiff must demonstrate that the government treated the plaintiff disparately as compared to similarly situated persons and that such disparate

Equal Employment Opportunity Commission v. Tree of Life Christian Schools

751 F. Supp. 700 · District Court, S.D. Ohio · Oct 22, 1990

In accordance with the Schools’ beliefs, a female may only qualify for the head of household allowance if her husband is either absent or unable to work. … This is a classic Establishment Clause conflict.

Estate of Renato Marti v. Rice

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

Servs., 555 F.3d 543, 549 (6th Cir. 2009)).3 3 Defendants make no argument that they are shielded from liability based on qualified immunity. See McCullum v. … Tepe, 693 F.3d 696, 704 (6th Cir. 2012) (“[T]here does not appear to be any history of immunity for a private doctor working for the government, and the policies that animate our qualified-immunity cases do not justify our

McCullom v. Newark Police Department

District Court, S.D. Ohio · Sep 3, 2024

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. … was clearly on notice that the training in this particular area was deficient and likely to cause injury.’”

Crawford v. Title IV-D Agents

District Court, S.D. Ohio · Aug 19, 2025

established law.” … This is based both on immunity grounds and on the fact that the constitutionality of the challenged regulatory scheme has been upheld numerous times by courts in this Circuit and in Ohio. See Sessler v.

Pepsico, Inc. v. Central Inv. Corp., Inc.

271 F. Supp. 2d 1040 · District Court, S.D. Ohio · Apr 26, 2001

Even if the motion to intervene would not have made CIC and Coke allies, clearly proof supporting CIC’s position would have assisted Coke in prevailing on PepsiCo’s antitrust claims. … 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

Johnson v. Young

District Court, S.D. Ohio · Sep 20, 2022

claims and to recommend dismissal of Plaintiff’s Complaint, or any portion of it which is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune … a member of a protected class, he has suffered an adverse employment action, he was qualified for the position, and he was replaced by a person outside the protected class or was treated differently than similarly-situated

Folley v. Foley

District Court, S.D. Ohio · Apr 20, 2022

The procedure for disqualifying a federal judge is well established. … Folley is not an attorney; although he is representing himself in this action, that does not qualify him to be “counsel of record” for purposes of 28 U.S.C. § 144.

Estes v. University Of Cincinnati

District Court, S.D. Ohio · Sep 30, 2025

immunity. … Because Plaintiff’s claim is barred by the state of limitations, the Court need not address whether Strasser is entitled to qualified immunity.

Bronson v. Board of Education of the City School District

550 F. Supp. 941 · District Court, S.D. Ohio · Sep 24, 1982

These actions appear to be clearly innocuous, and do not raise inferences of any improper motive. … The definition of Appalachians was taken from the testimony of Michael Maloney, who was qualified, in the Court’s opinion, as an expert on Appalachian affairs.