Case law

Bardes v. The United States of America, Executive Branch

District Court, S.D. Ohio · Oct 7, 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. … The petition fails to establish that the Executive Branch has a clear duty to prosecute alleged criminal activity.

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.

United States v. Ohio Edison Co.

276 F. Supp. 2d 829 · District Court, S.D. Ohio · Aug 7, 2003

[T]o adopt WEPCO’s definition of “physical change” would open vistas of indefinite immunity from the provisions of NSPS and PSD. … some type of baseline for companies to compare its projects to in efforts to determine if they would qualify for routine maintenance.

Knisley v. United States

817 F. Supp. 680 · District Court, S.D. Ohio · Apr 1, 1993

Commanders of installations or with general court-martial authority are authorized, but not required, to establish legal assistance offices (Ñ l-4b). … In order to aid in that management, the Judge Advocate General’s School was established at the University of Virginia, Charlottesville, as a field operating agency.

Franklin v. Talbert House Crisis

District Court, S.D. Ohio · Feb 25, 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. … (Doc. 1, PageID 2-3).1 Given that report and evidence that she paid a $605 filing fee in another case on January 31, 2025, 2 it is unclear whether Plaintiff actually qualifies to proceed in forma pauperis.

Coe v. Ziegler

657 F. Supp. 182 · District Court, S.D. Ohio · Mar 17, 1987

In that capacity, he is ultimately responsible for policies established or enforced by employees or agents of said Court. The powers of that Court are set out at O.R.C. § 2151.07. 5. … Defendants’ contention is clearly incorrect. Under Migra v.

Elmore v. Houk

District Court, S.D. Ohio · Jun 22, 2020

And that was testimony that he was qualified to offer. Dr. … Petitioner also objects to the Magistrate Judge’s conclusion that McCoy was not 26 clearly established law within the meaning of 28 U.S.C. § 2254(d)(1) at the time the state courts

Lawson v. Astrue

695 F. Supp. 2d 729 · District Court, S.D. Ohio · Mar 2, 2010

To qualify for SSI benefits, plaintiff must file an application and be an “eligible individual” as defined in the Act. 42 U.S.C. § 1382 (a); 20 C.F.R. § 416.202 . … Elliot’s opinion that fibromyalgia can never be a disabling impairment inconsistent with the legal authority set forth above, see Preston, 854 F.2d at 820 , it is clearly established by law that the opinion of a non-treating

MCI Telecommunications Corp. v. Ohio Bell Telephone Co.

279 F. Supp. 2d 947 · District Court, S.D. Ohio · Mar 21, 2003

Essentially, the Act establishes a procedure which first involves negotiations between the incumbent carrier and the new competitor. … The Court criticized the Commission’s untested future assumptions which it used to negate the presumption of symmetrical rates clearly imbedded in 47 CFR § 51.711 .

Sims v. Department of Rehabilitation and Corrections

District Court, S.D. Ohio · Mar 16, 2023

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 which clearly does not exist. Neitzke, 490 U.S. at 327. … Ohio Nov. 24, 2009) (finding the plaintiff’s retaliation claim was subject to dismissal, noting that “conclusory allegations of retaliatory motive and temporal proximity alone are insufficient to establish his retaliation

Hill

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

Other claims were dismissed for various reasons, including judicial immunity, Eleventh Amendment immunity, and statute of limitations. … There would be no purpose in allowing this matter to go forward in view of the fact that it is clearly time-barred. See Fraley v.

Gould v. Sullivan

131 F.R.D. 108 · District Court, S.D. Ohio · Jun 6, 1989

Sebben clearly did not overrule Bowen v. City of New York. … Cir.1972), cert. denied, 414 U.S. 1104 , 94 S.Ct. 737 , 38 L.Ed.2d 559 (1973), or when a defendant has established a regulatory scheme common to all class members. White v.

Owner Operator Independent Drivers Ass'n v. Arctic Express, Inc.

159 F. Supp. 2d 1067 · District Court, S.D. Ohio · Aug 30, 2001

*1070 Arctic entered into a “Independent Contractor Motor Vehicle Lease Agreement” (“Lease Agreement”), with each owner-operator whereby the owner-operator leased a truck unit and provided, in return, the services of a qualified … The modification requires carriers to clearly set out the responsibilities lessors must meet in order to obtain reimbursement of their escrow funds.

Washington v. Community Services Real Estate, LLC

District Court, S.D. Ohio · Mar 7, 2022

In order to be granted relief, a plaintiff must establish that the defendant deprived him of a right secured by the U.S. … prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified

Hazra v. National Rx Services, Inc.

746 F. Supp. 733 · District Court, S.D. Ohio · Sep 5, 1990

Therefore, the Court must first determine if the plaintiff has met the burden of establishing a prima facie case of discrimination. … The Court finds that the plaintiff has failed to meet its initial burden of establishing a prima facie case of discrimination.

Hughes Ex Rel. Hughes v. White

467 F. Supp. 2d 791 · District Court, S.D. Ohio · Dec 22, 2006

In fact, a purported ERISA plan “need not be written or formal to qualify as an ERISA benefit plan.” Id. accord Fugarino v. Hartford Life Ins. Co., 969 F.2d 178, 185 (6th Cir.1992). … The compensation scheme has clearly satisfied prongs two and three of this standard.

Baker

District Court, S.D. Ohio · Sep 8, 2026

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 which clearly does not exist. Neitzke, 490 U.S. at 327. … Additionally, Plaintiff has not established any of the four avenues that would make Heck inapplicable to his case.

ALTA Analytics, Inc. v. Muuss

75 F. Supp. 2d 773 · District Court, S.D. Ohio · Dec 8, 1999

Thus, the act of contracting can qualify as transacting business under Ohio’s long-arm statute. … Clearly, the forum of the State of Ohio has a keen interest in adjudicating disputes that affect its corporate citizens’ viability and trade secrets.

Shonac Corp. v. Maersk, Inc.

159 F. Supp. 2d 1020 · District Court, S.D. Ohio · Mar 30, 2001

Rauch, 644 F.2d 1097, 1107 (5th Cir.1981)(stating that the “otherwise discoverable” language in Rule 408 “was intended to prevent one from being able to immunize from admissibility documents otherwise discoverable merely … Third, Shonac argues that Fritz qualifies as a carrier under a four factor test commonly applied by courts to distinguish between carriers and freight forwarders. The Court agrees with Shonac.

Cummings v. Husted

795 F. Supp. 2d 677 · District Court, S.D. Ohio · Jun 8, 2011

Additionally, it cannot be disputed that the proceedings in Hamilton County implicate an important state interest, as the “oversight of state and local elections is clearly an important state interest.” … The LetOhioVote.org Plaintiffs do not challenge the Secretary’s contention that the first two requirements of the Younger abstention doctrine are established here.