Case law

Lavrenchuk

District Court, S.D. Ohio · Dec 11, 2025

action has no arguable legal basis when the . . . plaintiff claims a violation of a legal interest which clearly does not exist. … Supp. 174, 180 (N.D.N.Y. 1997) (“It is well settled that a plaintiff attempting to establish a claim under 42 U.S.C. § 1985(2), clause 2, or § 1985(3), must demonstrate that the [d]efendant under consideration acted with

Cissell v. First Nat. Bank of Cincinnati

471 F. Supp. 480 · District Court, S.D. Ohio · Sep 2, 1976

The Catalog, at page 26, provides for a full refund after March 1 only if the student finds a qualified replacement (Exhibits 1 and 2 to affidavit of Mr. Kite — doc. 60). … Clearly there are triable issues of fact on the following questions: (1) the debtor’s insolvency at the time of the alleged preferential transfers (2) the Bank’s knowledge of the debtor’s insolvency (3) the actual amounts

Mamula v. Satralloy, Inc.

578 F. Supp. 563 · District Court, S.D. Ohio · Jan 18, 1984

The party seeking to certify a class has the burden to establish his right to do so. … The final element of adequacy of representation applicable here is that plaintiffs’ counsel “must be qualified, experienced and generally able to conduct the proposed litigation.” Wetzel v.

Runyan v. Board of Education of the Covington Exempted Village School District

614 F. Supp. 625 · District Court, S.D. Ohio · Apr 2, 1985

any State or Territory or the District of Columbia, 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 … No such complex state system or state specialized forum exists in this case, nor does the Court believe that, at least in this Circuit, the courts of a particular state themselves qualify as the specialized state forum necessary

Freeman v. Ohio Department of Rehabilitation and Corrections

District Court, S.D. Ohio · Sep 8, 2025

Plaintiff’s upper extremity makes contact with Yazell’s upper body, though the camera angle does not clearly show the extent of the contact. (Id.). … For this reason, the Undersigned need not address Defendant’s remaining qualified immunity arguments and RECOMMENDS Defendant’s Motion be GRANTED and Plaintiff’s Motion be DENIED. IV.

Lloyd v. Pokorny

District Court, S.D. Ohio · Mar 11, 2021

, and qualified immunity. … This is sufficient to establish a prima facie case of personal jurisdiction because Thornsbery caused a consequence in Ohio via his interactions with Lloyd, satisfying purposeful available of the forum state, and he has

AMF, INC. v. Computer Automation, Inc.

532 F. Supp. 1335 · District Court, S.D. Ohio · Feb 23, 1982

Plaintiff is qualified to do business in both Ohio and California 1 (Amended Complaint, ¶ 1; Defendant’s Memorandum in Support of Motion for Change of Venue, p. 6); 2. … AMF has not disputed that it is qualified to do, or is doing business in California. 2 . These facts have not been disputed by Defendant. 3 .

Spencer v. Blackwell

347 F. Supp. 2d 528 · District Court, S.D. Ohio · Nov 1, 2004

The requirements of Article III standing establish which cases truly present cases or controversies appropriate for this Court’s consideration. Lujan v. … In this election, however, the Board of Elections clearly expects challengers to appear at polling places, and, consequently, precinct judges will be put in the situation of attempting to limit, restrain, or even exclude

Matthews v. New Century Mortgage Corp.

185 F. Supp. 2d 874 · District Court, S.D. Ohio · Feb 8, 2002

First, the Plaintiffs clearly are members of a protected class. Second, they applied for and were qualified for loans. … Thus, for the Plaintiffs to establish a prima facie case for violation of ECOA, they must show: (1) that they are members of a protected class; (2) that they applied for credit from the Defendant; (3) that they were qualified

Miller v. Alza Corp.

759 F. Supp. 2d 929 · District Court, S.D. Ohio · Dec 17, 2010

Plaintiff bears the burden of establishing a defect and establishing that such defect proximately caused the claimed injury. See O.R.C. § 2307.73(A)(2). … However, despite Plaintiffs contention that no such claim is asserted, the Complaint, in the Court’s view, clearly asserts such a claim.

Brown v. Gray

District Court, S.D. Ohio · Dec 7, 2020

In order to be granted relief, a plaintiff must establish that the defendant deprived him of a right secured by the U.S. … Because Brown has not shown any violation of his constitutional rights, the Court need not decide the separate issue of whether they are entitled to qualified immunity because those rights were not clearly established when

Carter v. Greene Metropolitan Housing Authority

District Court, S.D. Ohio · Nov 25, 2020

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 diversity jurisdiction, the citizenship of the plaintiff must be “diverse from the citizenship of each defendant” thereby ensuring “complete diversity.” Caterpillar Inc. v.

Franklin v. Children's Hospital

District Court, S.D. Ohio · Mar 10, 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. Neitzke, 490 U.S. at 327. … 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.

Student Government Ass'n of Wilberforce University v. Wilberforce University

578 F. Supp. 935 · District Court, S.D. Ohio · Dec 28, 1983

The CWS Program is a federally assisted program wherein funds are made available to qualifying universities and colleges to enable these institutions to create employment opportunities for students, “particularly students … According to the Plaintiffs, at the beginning of the semester, the University establishes for CWS students a deferred account equal in amount to the various costs associated with attendance for the term.

W.D.I.A. Corp. v. McGraw-Hill, Inc.

34 F. Supp. 2d 612 · District Court, S.D. Ohio · Dec 18, 1998

There is no absolute immunity against civil or criminal liability when the press obtains information through unlawful means. Scheetz v. … W.D.I.A. did not establish such a state of mind on the part of either defendant. 52. Under Ohio statutory law, a plaintiff must establish by clear and convincing evidence that it is entitled to recover punitive damages.

SOLIS v. The Ohio State University Wexner Medical Center

District Court, S.D. Ohio · Mar 7, 2024

Defendant argues that Plaintiff cannot establish the fourth prong of her prima facie case because Wade, the successful candidate, was better qualified. (Doc. 25 at 14; 30 at 11). … See White, 429 F.3d at 246 (disregarding as insufficiently established arguments that an employer violated a nepotism policy and a policy preferring internal, equally qualified candidates support a finding of pretext).

In Re Multidistrict Civil Actions Involving the Air Crash Disaster

350 F. Supp. 757 · District Court, S.D. Ohio · Sep 29, 1972

O’Neill, counsel for Trans World Airlines, an equally qualified and competent trial attorney who also possessed a high degree of expertise in the highly technical area of aviation law, presented evidence and vigorously attempted … These may be created, modified and enforced by the state acting through its own judicial establishment.

Franklin v. U.S.A. Immigration

District Court, S.D. Ohio · Feb 24, 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. Neitzke, 490 U.S. at 327. … 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.

Orick v. Banziger

945 F. Supp. 1084 · District Court, S.D. Ohio · Nov 8, 1996

any State or Territory or the District of Columbia, 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 … CONCLUSION Plaintiffs have failed to establish a violation of their First Amendment rights or substantive due process rights.

Kosydar v. Wolman

353 F. Supp. 744 · District Court, S.D. Ohio · Dec 29, 1972

Rather than conferring in all instances outright monetary grants, these provisions allow to qualified recipients a tax “credit” which may not exceed the total sum a taxpayer owes, after other exemptions and deductions, under … The Religion Clauses, no less valid today than at the time of their adoption, clearly instruct us that religion is an impermissible predicate for the actions of state and that laws, which on the one hand punish or on the