Case law

EEOC v. The Ohio State University

District Court, S.D. Ohio · Sep 21, 2022

Under that paradigm, the plaintiff bears the burden of establishing a prima facie case. … When Defendant submitted its “Request for Reduction in Work Force” form to its central Human Resources department, it had the opportunity to identify its proffered reason clearly.

Owens v. Willis Law Firm LLC

District Court, S.D. Ohio · Jul 19, 2021

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 … 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.

Bishop v. Ohio Department of Rehabilitation & Corrections

695 F. Supp. 2d 707 · District Court, S.D. Ohio · Mar 2, 2010

Davis, on one occasion, made a comment about women not being qualified to work as corrections officers. While this evidence shows that Lt. … ... burden to establish a prima facie case of retaliation “is not onerous.”

King v. City of Columbus

District Court, S.D. Ohio · Jan 13, 2023

At this time, Defendant has not established that this evidence is clearly inadmissible on all potential grounds. Defendant’s motion in limine is DENIED as to the issue of subjective intent. 4. … Paige is clearly qualified to opine on police policies, procedures, and tactics, and may testify as to the nationally recognized police standards.

Armstead v. Baldwin

District Court, S.D. Ohio · Feb 10, 2020

Jan. 8, 2020) (“[I]t is clearly established that, generally, a failure to provide necessary medical treatment to those who are incarcerated can constitute a violation of the Eighth Amendment.”). … immunity).

Steele v. Neff

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

claim for declaratory relief is moot; his official capacity claims are barred by the Eleventh Amendment; plaintiff did not meet the requirements for punitive damages; plaintiff’s claims are barred by qualified … immunity; and the complaint fails to state a claim for which relief can be granted.

State of Ohio v. Meade

District Court, S.D. Ohio · Feb 17, 2022

This principle was established by the Supreme Court in McCulloch v. … For removal purposes, Meade qualifies as a federal officer. B.

Campbell

District Court, S.D. Ohio · Aug 26, 2026

. § 404.1520c (establishing rules for evaluating medical opinions and prior administrative medical findings). … For the absent score, the error was harmless because the ALJ had already included a different score that qualified under appendix 1. Id.

Lyons v. Tecumseh Local School District

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

(1) Lyons has failed to successfully plead a First Amendment retaliation claim; (2) Defendants have a legitimate business justification for taking adverse employment action against Lyons; (3) Crew is entitled to qualified … immunity; (4) Lyons has failed to allege a custom or policy underlying the alleged retaliation; and (5) Lyons has no viable claim for punitive damages against Defendants.

United States v. Atlas Lederer Co.

282 F. Supp. 2d 687 · District Court, S.D. Ohio · Sep 12, 2001

a person with knowledge. 10 Although the Movants likely could qualify most of the documents as business records, they have faüed to do so. … The language of Rule 5(c) and its interpretation in Wright & Miller do not clearly indicate that the Rule provides authority for what Plaintiffs seem to request....

Davis v. Discover Financial Services

District Court, S.D. Ohio · Apr 25, 2023

Plaintiff maintains that Discover “has fabricated a lie,” and then discusses various facts related to the parties’ Ohio Civil Rights Commission charge submissions, before concluding that she “clearly stated a valid reason … First, to establish a prima facie case for Title VII discrimination, Plaintiff must allege that she was: (1) a member of a protected class; (2) subject to an adverse employment action; (3) qualified for the position: and

Doster v. Secretary of the Airforce

District Court, S.D. Ohio · Jul 14, 2022

Plaintiffs’ proposed class clearly satisfies the numerosity requirement. b. Commonality Second, Plaintiffs must establish commonality. … As described below, the Court finds Plaintiffs’ counsel to be qualified to represent the class.

Abbington v. Dayton Malleable, Inc.

561 F. Supp. 1290 · District Court, S.D. Ohio · Mar 15, 1983

The facts of this case clearly establish that in April 1978 the union was contacted by Mr. Ladehoff, DMI’s new president, who presented the union with evidence that the Columbus plant was losing large sums of money. … Therefore, Parker is clearly distinguishable from the facts of the case at hand. 34 .

Rice v. Ross

District Court, S.D. Ohio · Jun 5, 2023

to determine whether the complaint or any portion of it should be dismissed because it is frivolous, malicious, fails to state a claim upon which relief can be granted or seeks monetary relief from a defendant who is immune … 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.

Lee v. Javitch, Block & Rathbone, LLP

568 F. Supp. 2d 870 · District Court, S.D. Ohio · Jul 30, 2008

In White , for example, plaintiff sought to establish liability against two defendants, yet was only successful against one. … The motion clearly was not frivolous, and the parties’ competing motions served to narrow the issues for trial.

Stop the Pipeline v. White

233 F. Supp. 2d 957 · District Court, S.D. Ohio · Nov 22, 2002

When faced with competing views of qualified specialists, an agency must have discretion to rely on the reasonable opinions of its own qualified experts, “even if, as an original matter, a court might find contrary views … The Corps quite clearly evaluated a range of alternatives.

Fallick v. Nationwide Mutual Insurance

957 F. Supp. 1442 · District Court, S.D. Ohio · Mar 12, 1997

This exhibit is neither clearly identified nor is it clearly discussing charges which were the subject of the type of misdirection of payments that plaintiff alleges. … Plaintiff has not even established that he could be a member of such a class.

Ward v. Keller

774 F. Supp. 439 · District Court, S.D. Ohio · Sep 5, 1991

There are cases, however, where Congress has not clearly expressed in the language of a statute what result was intended. … None of those is a requirement for a fair hearing. 42 U.S.C. § 671 contains 17 specific provisions for a plan to qualify under that section.

Robinson v. City of Cincinnati

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

allegations of the pleadings of 2 the opposing party must be taken as true, and the motion may be granted only if the moving party is nevertheless clearly … mitigation of any violation, Robinson is no longer employed as the Director of Finance; Robinson’s fellow board members encouraged him to apply for the position because they thought he was a very qualified

Easter v. Beacon Tri-State Staffing, Inc.

District Court, S.D. Ohio · Sep 27, 2019

Employees seeking relief for FMLA interference must also establish that the employer’s violation caused them harm. … The statute clearly refers to adverse employment actions motivated by ‘the known disability of an individual’ with whom am employee associates, as opposed to actions occasioned by the association.”); Magnus v. St.