Case law

International Brotherhood of Electrical Workers Local No. 683 Pension Trust v. Advantage Enterprises, Inc.

813 F. Supp. 592 · District Court, S.D. Ohio · Feb 8, 1993

Subsequent reports clearly show either that no pension contributions were being made for these three employees, or that their hours were- being subtracted because they were unindentured. … Section 14.01 establishes a committee for the selection, education, and training of apprentices, and Section 14.05 provides that “[a]ll apprentices must enter the program through the Committee.”

Bushong v. Delaware City School District

District Court, S.D. Ohio · Jan 27, 2020

A motion for judgment on the pleadings may be granted only if the moving party is clearly entitled to judgment. Source Assocs. v. Valero Energy Corp., 273 F. … under Ohio Revised Code Section 2744.03(A)(6); qualified immunity; and Plaintiffs inability to collect punitive damages.

Gasper

District Court, S.D. Ohio · Apr 23, 2026

Nor is there any clearly established Supreme Court precedent which dictates the procedure which must be followed when a defendant seeks a new trial. … Although most if not all States have a process for considering whether a criminal defendant should be granted a new trial, there is no clearly established Supreme Court precedent establishing such a process as required

Smith v. Oppy

District Court, S.D. Ohio · Mar 14, 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. … 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

In re Broadwing, Inc. Erisa Litigation

252 F.R.D. 369 · District Court, S.D. Ohio · Oct 5, 2006

Acceptance of expert testimony is always far from certain, no matter how qualified the expert, inevitably leading to a “battle of the experts.” … Second, it must be shown that the representatives — through qualified counsel — will vigorously prosecute the interests of the class. Id. Here, the first element is satisfied.

Young

District Court, S.D. Ohio · Mar 19, 2026

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 … Plaintiff alleges that she submitted a Qualified Written Request (“QWR”) to Servbank on December 15, 2025, disputing the accuracy of several aspects of the mortgage account.

DiPietro v. Morgan Stanley DW Inc.

517 F. Supp. 2d 1016 · District Court, S.D. Ohio · Oct 16, 2007

Once the plaintiff establishes the prima facie case, the employer must meet its burden of production to establish a legitimate, nondiscriminatory reason for the plaintiffs discharge or denial of promotion. … Where an agreement “clearly and unambiguously prohibits oral modification of its terms,” such agreement is “entirely ineffective.” D.L. Baker & Co. v. Acosta, 720 F.Supp. 615, 618 (N.D.Ohio 1989).

Foster v. Cincinnati City of

District Court, S.D. Ohio · Jul 12, 2021

Jones, as Public Defender, did not act “under color of law” for purposes of Section 1983 liability; (4) Prosecuting Attorney Kevin Hardman and Judge Charles Kubicki, Jr. were entitled to immunity; and (5) Plaintiff’s claims … “[T]he party seeking relief under Rule 60(b) bears the burden of establishing the grounds for such relief by clear and convincing evidence.” Info-Hold, Inc. v.

Hayes v. Ohio Department of Public Welfare

556 F. Supp. 58 · District Court, S.D. Ohio · Oct 13, 1982

Persons residing in Ohio Department of Mental Health and Mental Retardation licensed or supervised homes do not qualify for relief. Ohio Adm.Code § 5101:1-5-04. … Since Plaintiffs clearly do not fall into such a class, they conclude, Defendants’ arguments are incorrect, and they are entitled to relief from the ODPW. Plaintiffs’ Memorandum Contra, Doc. # 17, pp. 8-9.

Essinger v. Ohio Department of Rehabilitation and Correction

District Court, S.D. Ohio · Jun 27, 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. … No. 197, which tolled, retroactively to March 9, 2020, all statutorily established statutes of limitations, time limitations, and deadlines in the Ohio Revised Code and Administrative Code until the

United States v. Israel

254 F. Supp. 2d 912 · District Court, S.D. Ohio · Feb 11, 2003

The law in this circuit clearly prohibits a court faced with a dispute over sentencing factors from adopting the factual findings of the presentence report without making factual determinations of its own. … To qualify for the safety valve, a defendant must meet the five conditions set forth in 18 U.S.C. § 3553 (f). See U.S.S.G. § 5C1.2.

Bonds v. Jack Casino

District Court, S.D. Ohio · Dec 18, 2019

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. … Plaintiff fails to allege facts which, if accepted as true, could establish the third element.

Dipasquale v. Hawkins

District Court, S.D. Ohio · Jun 3, 2020

Plaintiff simply has not established an agreement to engage in unlawful action. … Qualified Immunity Because Hawkins has prevailed on the merits, the question of whether he enjoys qualified immunity is moot.

Dillon v. Hamlin

District Court, S.D. Ohio · Feb 21, 2024

immunity. … immunity.

Arkansas v. Federated Department Stores, Inc.

175 B.R. 924 · District Court, S.D. Ohio · Oct 20, 1992

The court reasoned that allowance of the claims would permit barred claim holders to satisfy claims at the expense of other allowed claims. 2 The court stated that “Congress clearly expressed its intention that any remaining … Hence, under the current, broader provisions of the Bankruptcy Code, and under the subject abandoned property laws, the States qualify as creditors at least with respect to their pre-petition claims.

Fedder v. Ohio Medical Transportation, Inc.

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

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 … she was qualified for the position in question; and (4) she was treated differently from similarly situated individuals outside of her protected class.

Austin v. Ashcraft

District Court, S.D. Ohio · Aug 29, 2024

The Magistrate Judge also recommends that these Defendants are not entitled to qualified immunity until the factual disputes surrounding the assault are resolved because “there is sufficient caselaw surrounding assaults … And the Magistrate Judge correctly concluded that Plaintiff had failed to establish both the objective and subjective components of his claim because Plaintiff failed to demonstrate a genuine dispute that any residual pepper

Durthaler v. Accounts Receivable Management, Inc.

854 F. Supp. 2d 485 · District Court, S.D. Ohio · Apr 9, 2012

transcript of the telephone calls attached to the Plaintiffs complaint shows that the Defendant’s rep *492 resentative, identified only as Wayne, was very respectful and polite to the Plaintiff even though the Plaintiff was clearly … “To qualify for the bona fide error defense, a debt collector must prove by a preponderance of the evidence that: (1) the violation was unintentional; (2) the violation was a result of a bona fide error; and (3) the debt

Thompson v. DeWine

District Court, S.D. Ohio · May 19, 2020

On January 30, 2020, the Director of the National Center for Immunization and Respiratory Diseases at the Centers for Disease Control and Prevention (“CDC”) announced that COVID-19 had spread to the United States. … Still, an “injunction is an extraordinary remedy which should be granted only if the movant carries his or her burden of proving that the circumstances clearly demand it.” Overstreet v. Lexington-Fayette Urban Cnty.

Lane v. Astrue

839 F. Supp. 2d 952 · District Court, S.D. Ohio · Jan 27, 2012

Prior to the established disability onset date, the claimant was a “younger individual age 45^19.” … Establishing the Existence of a Disability To qualify for DIB, Plaintiff must meet certain insured status requirements, be under age 65, file an application for such benefits, and be under a disability as defined by the Social