Case law

Leake v. University of Cincinnati

93 F.R.D. 460 · District Court, S.D. Ohio · Jan 29, 1982

Therefore, the inference may be drawn that Plaintiff would have been qualified, and may have been selected for the Dabney Park vacancy in 1972, had she been aware of its existence, and applied. … To accomplish this, the defendant must clearly set forth, through the introduction of admissible evidence, the reasons for the plaintiff’s rejection.

Walker

District Court, S.D. Ohio · Jan 12, 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 … “An action has no arguable legal basis when the . . . plaintiff claims a violation of a legal interest which clearly does not exist.

Walker

District Court, S.D. Ohio · Jan 12, 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 … “An action has no arguable legal basis when the . . . plaintiff claims a violation of a legal interest which clearly does not exist.

Bonnetts v. Arctic Express, Inc.

7 F. Supp. 2d 977 · District Court, S.D. Ohio · Jun 11, 1998

Whether Bonnetts is an “Employee” under FMLA The issue before this Court is whether Bonnetts qualifies for protection under the FMLA. … Evidence demonstrating the possibility of a reduction in the amount of money earned is insufficient to establish risk of loss. Lauritzen, 835 F.2d at 1536 .

In Re: Ohio Execution Protocol Litigation

District Court, S.D. Ohio · Sep 19, 2019

The district court therefore clearly erred in concluding to the contrary. … The place to argue that Henness contravenes established Sixth Circuit or Supreme Court precedent is in seeking an en banc review or a writ of certiorari.

Brown v. Wieder

District Court, S.D. Ohio · Aug 20, 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. … Jan. 23, 2009) (finding that “bare allegations of a custom or policy, unsupported by any evidence, are insufficient to establish entitlement to relief.”).

Givens v. Longwell

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

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 … But this Court lacks original jurisdiction over state-law claims unless Plaintiff establishes the parties are citizens of different states. See 28 U.S.C. § 1332(a).

Charlton-Perkins v. University Of Cincinnati

District Court, S.D. Ohio · Aug 24, 2021

To do so, he must plausibly allege that: (1) he is a member of a protected class; (2) he applied for and was qualified for a position; (3) he was denied the position; and (4) an individual of similar qualifications who … Black United States District Judge 3 The Court need not discuss Defendants’ motion to the extent it seeks dismissal based on 12(b)(6) and asserted immunity since

Miami Valley Mobile Health Services, Inc. v. ExamOne Worldwide, Inc.

852 F. Supp. 2d 925 · District Court, S.D. Ohio · Feb 10, 2012

The parties clearly intended to enter into a contract that would be legally binding under Pennsylvania law. … According to Defendant, this allegation is too broad and vague because there is no allegation: (1) that Hartman was qualified to make such a promise; or (2) that he made any express promise at all.

In Re: Ohio Execution Protocol Litigation

District Court, S.D. Ohio · Oct 15, 2019

He claims that his proffered evidence “will establish that movements demonstrated by inmates during their executions with midazolam protocols are sure or very likely to be expressions of severe pain. . . . … He is qualified under Fed. R. Evid. 702, however much of an outlier his opinions on midazolam may be.

Great Southland Limited v. Landash Corporation

District Court, S.D. Ohio · Jan 28, 2022

Knowledge and Experience “To qualify as an expert under Rule 702, a witness must first establish their expertise by reference to ‘knowledge, skill, experience, training, or education … is established as a matter of law.

Hatton v. State Farm Mutual Insurance

521 F. Supp. 833 · District Court, S.D. Ohio · Aug 31, 1981

Policy provisions regarding permanent disability benefits, which require, inter alia, a one year period of continuous disability before the insured may qualify for permanent disability benefits. (A.D.&D. … These provisions clearly contemplate a time during which an employee will be unable to work, or during which his ability to do so may be in question.

In Re Eagle-Picher Industries, Inc.

203 B.R. 256 · District Court, S.D. Ohio · Nov 18, 1996

Claimants taking the discounted payment election clearly are such holders. In support of its argument that discounted payments result in unfair discrimination to it, Baupost cites In re Mortgage Inv. … Further, the Plan Proponents argue that such a provision is essential in order that the trust qualify as a qualified settlement fund under the Internal Revenue Code whereby the debtor will receive a substantial tax benefit

Marietta Franklin Securities Co. v. Muldoon

770 F. Supp. 1212 · District Court, S.D. Ohio · Jul 25, 1991

Therefore, de novo review is clearly, without a specific indication by Congress to the contrary, not applicable herein. … As we have discussed, the sale of the office building and the sale of the loans involved Tonticontrolled banks which qualify as affiliated persons.

Weaver v. O'Grady

33 Ohio Misc. 97 · District Court, S.D. Ohio · Oct 27, 1972

Code, Section 1983 to redress alleged deprivations under color of law of rights, privileges and immunities secured to the plaintiffs by the First, Ninth and Fourteenth Amendments, the Supremacy Clause of the United States … United Shoe Machinery Corp., supra, at 496, or by deciding an issue of first impression whose resolution was not clearly foreshadowed, see, e. g., Allen v. State Board of Elections, supra, at 572.

Vornholt

District Court, S.D. Ohio · Nov 26, 2025

“An abuse of discretion occurs only when the [trial] court relies upon clearly erroneous findings of fact or when it improperly applies the law or uses an erroneous legal standard.” … And, Appellant is correct that negligence of an attorney can qualify as a substantial excuse for repeat filings. (Id.; see also 11 U.S.C. § 362(c)(4)(D)(i)(II).)

Hassell v. Chrysler Corp.

982 F. Supp. 515 · District Court, S.D. Ohio · Mar 26, 1997

The plaintiffs have submitted an affidavit from a well-qualified professional engineer, Jerome Koziatek, who has worked on processing and obtaining patents on child-related products. … Previously issued patents clearly show an integrated child seat built into an adult size seat.

McCain v. Farrar

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

Retaliation Claim To establish a First Amendment retaliation claim, a plaintiff must establish that he engaged in protected conduct, suffered an adverse action that would deter a person of ordinary … Informal grievances may also qualify as protected First Amendment activity, so long as the grievances are not frivolous. Maben v. Thelen, 887 F.3d 252, 264 (6th Cir. 2018).

Moore v. Mitchell

531 F. Supp. 2d 845 · District Court, S.D. Ohio · Jan 18, 2008

However, in this case, the Ohio Supreme Court’s conclusion is so summary that it is not possible to determine whether it is in any way an application of clearly established federal law. … Clearly Established Law. It is clearly established United States Supreme Court law that a State may not exercise a peremptory challenges in violation of the Equal Protection Clause.

King v. Lazer Spot Inc.

District Court, S.D. Ohio · Jul 24, 2024

To establish a prima facie case of disparate treatment, King must show that (1) she is disabled; (2) she is otherwise qualified for the position, with or without reasonable accommodation; (3) she suffered an adverse … King has established a prima facie case of interference.