Case law

Stewart v. Warren County Board of Commissioners

District Court, S.D. Ohio · Sep 4, 2019

To demonstrate “deliberate indifference,” a plaintiff must establish two components: one objective and one subjective. Winkler, 893 F.3d at 890; Shadrick v. … Defendants contend that they are statutorily immune from these claims under Ohio Revised Code § 2305.51(B).

Oruganti v. Noem

District Court, S.D. Ohio · Apr 18, 2025

The “burden of proving that the circumstances ‘clearly demand’ such an extraordinary remedy is a heavy one,” since the party seeking “the injunction must establish its case by clear and convincing evidence.’” Id. … Patchak, 567 U.S. 209, 215 (2012) (“The APA generally waives the Federal Government’s immunity from a suit ‘seeking relief other than money damages . . . .’”

Sweeney v. Nationwide Mutual Insurance Company

District Court, S.D. Ohio · Mar 24, 2022

The Plan is a tax-qualified defined contribution pension plan available to eligible employees of Nationwide Mutual Insurance Company (“Nationwide Mutual”) and subsidiaries of Nationwide Mutual with U.S. … Plaintiffs’ amended complaint does not assert facts which conclusively establish that the Plan pays no more than adequate consideration.

Meeks v. Norfolk Southern Railway Company

District Court, S.D. Ohio · Mar 27, 2023

At that time, Meeks did not qualify for FMLA leave because he had not worked enough hours in the year to qualify. (Id. at Pg. ID 206, 212.) … To establish a prima facie case of disability discrimination under the ADA, the employee must establish that (1) he was disabled; (2) he was other qualified for the job, with or without reasonable accommodation; (3)

Obama for America v. Husted

888 F. Supp. 2d 897 · District Court, S.D. Ohio · Aug 31, 2012

Moreover, the State fails to articulate a precise, compelling interest in establishing the 6 p.m. … The provisions' language is disorganized and generally confusing, containing numerous deadlines that are not clearly identified. .

Wolman v. Essex

342 F. Supp. 399 · District Court, S.D. Ohio · Apr 17, 1972

While the benefits of the statute were available to all non-public school teachers, it appears that all 250 teachers who qualified taught at Catholic parochial schools. … Such grants will be paid if parents qualify for the grants under the terms of the Act.

Frilling v. Village of Anna

924 F. Supp. 821 · District Court, S.D. Ohio · Mar 14, 1996

In this case, the plaintiff has not clearly established that the interim limit is insufficient to protect the area in question. Therefore, the court will not second guess the EPA____ Arkansas Wildlife Fed. v. … EPA, unless the plaintiff clearly established that the interim limita- *844 tions are “insufficient to protect the area in question.”

Sprouse v. Mitchell

District Court, S.D. Ohio · Jul 7, 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. … App’x 338, 344 (6th Cir. 2006) ( the required “nexus can be established with evidence of a customary or preexisting arrangement between the government and the private actor”).

Herbert v. KC Robotics, Inc.

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

In addition to raising this conversation, however, the Notice of Claims clearly references retaliation related to disability discrimination (see Doc. 11-1 at PAGEID 79) that KCR fails to acknowledge. … In response, plaintiff argues that he emailed KCR staff “on discrimination”—showing that he “clearly exhausted his administrative remedies. . . .”

Williams v. City of Columbus

892 F. Supp. 2d 918 · District Court, S.D. Ohio · Sep 12, 2012

Title VII Claims Williams can bring a Title VII claim against the City only if she can establish that the City was her employer. Sutherland v. Mich. Dep’t of Treasury, 344 F.3d 603, 611 (6th Cir.2003). … Joint Employer Under the joint employer doctrine, the inquiry focuses on whether an entity “maintains sufficient control over some or all of the formal employees of another [entity] as to qualify as those employees’ employer

Martin v. Warden, Belmont Correctional Institution

District Court, S.D. Ohio · Aug 29, 2022

As Respondent points out, the Seventh District decided this claim on the merits and Petitioner has not shown how that decision is an unreasonable application of clearly established Supreme Court precedent: the Supreme … A defendant does not have the power to confer immunity from prosecution on a witness.

In re E.I. Du Pont De Nemours & Co. C-8 Personal Injury Litig.

348 F. Supp. 3d 698 · District Court, S.D. Ohio · May 26, 2016

DuPont took these actions despite recognition that available scientific literature on human health effects did not establish any causal connection to any human disease." 2. … Redlich is not qualified to give the opinions she offers and that, even if she were qualified. She failed to employ reliable methodology. This Court disagrees with DuPont's suggestion that Dr. Redlich is unqualified.

Fleet Aerospace Corp. v. Holderman

637 F. Supp. 742 · District Court, S.D. Ohio · Jun 11, 1986

Clearly, the OCSAA imposes a substantial burden on interstate commerce. … that it has established the remaining three prerequisites for the issuance of a preliminary injunction.

Williams v. Mitchell

District Court, S.D. Ohio · Mar 29, 2023

While not well defined, it “clearly indicate[s] that a high standard applies.” Forman v. Meridian Bioscience, Inc., 387 F.Supp.3d 791, 796 (S.D. Ohio 2019) (quoting Lonardo v. Travelers Indem. … Morrison recognized that “[mJanifest injustice is likewise not clearly defined in case law.” Johnson v. Bobby, Case No. 2:08cv55, ECF No. 141, 2022 WL 1656762, *2 (S.D. Ohio May 24, 2022).

Sizemore v. Edgewood Board of Education

District Court, S.D. Ohio · Apr 17, 2020

That is because, when it comes to local school boards in Ohio, state law—as well as precedent from the United States Supreme Court, this District, and the Ohio Supreme Court—clearly addresses the issue and provides that … already shielded by Eleventh Amendment immunity).

Hearn v. Warden, Belmont County Correctional Institution

District Court, S.D. Ohio · Aug 28, 2024

Specifically, under AEDPA, a federal court shall not grant a writ unless the state court adjudication “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal … Silvers, “the record establish[ed] that the trial court in the instant case had before it a copy of [the defendant’s] plea form, which clearly stated that he did not face a mandatory sentence and that he was eligible for

Ridge Corporation v. Altum LLC

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

Thus, Ridge’s regulations clearly permit the application of O.R.C. § 1701.13(E)(5)(a). … First, if Defendants’ counsel can establish that certain work is ONLY applicable to Count 5, then Grandominico will be entitled to the advancement of ALL such reasonable fees and expenses.

Lloyd v. The Procter & Gamble Disability Benefit Plan

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

Liberty /Liberty Life Assurance Co. of Boston, 419 F.3d 501, 513 (6th Cir. 2005) (concluding that where claimants have clearly established their disability, the appropriate remedy is an immediate award of benefits … Here, the record clearly establishes that Plaintiff was partially disabled as of 22 January 16, 2017.

Rountree v. EVU Residential, LLC

District Court, S.D. Ohio · Jul 29, 2025

App’x 233, 237 (6th Cir. 2019) (“[T]ermination … is clearly an adverse employment action.”). … (Doc. 1, #6; see also id. at #8 (“Rountree was qualified for her position.”)).

Seibert

District Court, S.D. Ohio · Aug 13, 2026

“If, however, the record ‘raise[s] a substantial question as to whether [the claimant] could qualify as disabled’ under a listing, the ALJ should discuss that listing.” Id. at 641 (quoting Abbott v. … Notably, listing § 12.04 establishes the criteria for depressive, bipolar, and related disorders; and Listing § 12.06 establishes the criteria for anxiety and obsessive-compulsive disorders. See 20 C.F.R.