Case law

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.

Hendrix v. Warden, Lebanon Correctional Insititution

District Court, S.D. Ohio · Apr 19, 2024

The report also contains several legal conclusions the expert is not qualified to make. … And even as to Supreme Court cases, dicta, or even holdings framed at a “high level of generality,” do not qualify as clearly established federal law and therefore cannot justify habeas relief. Brown v.

Bull v. Commissioner of Social Security

629 F. Supp. 2d 768 · District Court, S.D. Ohio · May 29, 2008

To qualify for SSI benefits, plaintiff must file an application and be an “eligible individual” as defined in the Act. 42 U.S.C. § 1382 (a); 20 C.F.R. § 416.202 . … While the consensus is clearly that Plaintiff had no marked limitations in any area and clearly suffered no episodes of decompensation, the ALJ chose to emphasize the opinion of Dr.

In Re National Century Financial Enterprises, Inc.

783 F. Supp. 2d 1003 · District Court, S.D. Ohio · Apr 12, 2011

Unless the degrees of fault are essentially indistinguishable or the plaintiff's responsibility is clearly greater, the in pari delicto defense should not be allowed, and the plaintiff should be compensated." … See also In re 360Networks (USA) Inc., 327 B.R. 187, 190 (Bankr.S.D.N.Y.2005) ("Under § 547(b)(5), a transfer to a fully secured creditor is immunized from preference attack because the creditor would have been paid in full

Rutherford v. Free

District Court, S.D. Ohio · Jan 15, 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 … To establish the second element, a plaintiff must show “personal involvement” by the defendant Grinter v. Knight, 532 F.3d 567, 575 (6th Cir. 2008) (citation omitted).

Township of Delhi v. McArtor

696 F. Supp. 1157 · District Court, S.D. Ohio · Oct 5, 1988

The standard of inquiry for a preliminary injunction in this Circuit has been clearly stated in Mason County Medical Association v. Knebel, 563 F.2d 256, 264 (6th Cir.1977). … Delaying construction of the runway for an unknown period of time does not qualify as success. The FAA has authorized the building of the runway.

Thompson v. Community Insurance

213 F.R.D. 284 · District Court, S.D. Ohio · Oct 7, 2002

. #44-2) ARE OVERRULED; CONFERENCE CALL SET TO ESTABLISH TRIAL DATE AND OTHER DATES RICE, Chief Judge. … It clearly could do so, as long as the requisite notice was given. Accordingly, Defendant is entitled to summary judgment on this issue.

Brown v. City Of Cincinnati

District Court, S.D. Ohio · Jul 15, 2020

To establish Article III standing, a party must meet three requirements. Id. … Likewise, the Court declines to address whether defendants are entitled to qualified immunity because plaintiffs have not plausibly alleged a First Amendment violation.

Johnson v. Barney

District Court, S.D. Ohio · Apr 7, 2021

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 retaliation

Galaria v. Nationwide Mutual Insurance

998 F. Supp. 2d 646 · District Court, S.D. Ohio · Feb 10, 2014

Here, Plaintiffs bear the burden to establish standing, and as this case is before the Court on a motion to dismiss, the inquiry is whether Plaintiffs have adequately pleaded facts which, if true, plausibly establish standing … Dec. 22, 1998) (three people not enough to qualify as “public at large.”); Mushkat v. Pickawillany Condo. Unit Owners’ Ass’n, No. 80AP-765, 1981 WL 3125 , at *3 (Ohio Ct.App. 10th Dist.

Safeco Insurance Company Of Illinois v. Rolfes

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

App. 1984), the court held that, while a pickup truck clearly fell into the category of “utility truck,” it could nevertheless also be a “private passenger automobile.” Resier, 472 N.E.2d 378-379. In Barber v. … As a result, even if a pickup truck could qualify as a “private passenger automobile” in some circumstances, in this instance the F-150 qualifies as a “pickup.”

Tolliver v. Sheets

530 F. Supp. 2d 957 · District Court, S.D. Ohio · Jan 18, 2008

I want you to clearly understand what happened. Id., at 51-52. … We begin our analysis with the well-established principle that “[t]he trial court has broad discretion in the admission and exclusion of evidence and unless it has clearly abused its discretion and the defendant has been

Tri County Wholesale Distributors, Inc. v. Labatt USA Operating Co.

112 F. Supp. 3d 639 · District Court, S.D. Ohio · Jun 24, 2015

Outside of establishing proof of the value of the Brands themselves,- however, Plaintiffs failed to establish any other losses to the businesses directly related to loss of the Brands. 5 The only evidence of damage *651 to … As Kursh conceded, the discount rate is the rate necessary to attract a third party purely financial investor qualified to make the investment.

Pollitt v. Roadway Express, Inc.

228 F. Supp. 2d 854 · District Court, S.D. Ohio · Sep 27, 2002

Such differences clearly do not show discrimination. They reflect only common sense. (Doc. # 10 at 13 (emphasis in original).) The Court will address his various claims in turn. A. … Finally, there is no doubt that Pollitt was qualified for the P & D driver’s job, in satisfaction of prong (3).

Unencumbered Assets v. JP Morgan Chase Bank

783 F. Supp. 2d 1003 · District Court, S.D. Ohio · Apr 12, 2011

Unless the degrees of fault are essentially indistinguishable or the plaintiffs responsibility is clearly greater, the in pari delicto defense should not be allowed, and the plaintiff should be compensated.” … See also In re 360Networks (USA) Inc., 327 B.R. 187, 190 (Bankr.S.D.N.Y.2005) (“Under § 547(b)(5), a transfer to a fully secured creditor is immunized from preference attack because the creditor would have been paid in full

Bonds

District Court, S.D. Ohio · Jun 30, 2026

An action has no arguable legal basis when the defendant is immune from suit or when a plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327. … As stated above, to establish an equal protection claim, Plaintiff must establish disparate treatment. Plaintiff has not done so.

Johns v. CR Bard

District Court, S.D. Ohio · Jun 28, 2021

Here, Quick is qualified by way of his experience. … Trautman is qualified to opine whether Defendants complied with FDA regulations, but she is not qualified to opine on the opinions and beliefs of the FDA.

Kilkenny v. Gabriel

District Court, S.D. Ohio · Sep 23, 2019

claims and to recommend dismissal of Plaintiff’s Complaint, or any portion of it, that is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune … In order to establish deliberate indifference, a plaintiff “‘must show prior instances of unconstitutional conduct demonstrating that the [official and/or government entity] has ignored a history of abuse and was clearly

O'Neill

District Court, S.D. Ohio · Mar 5, 2026

In other words, the defendant must establish the defense so clearly that “no rational jury could have found to the contrary.” Id. at 800. … To establish a prima facie case of age discrimination under the ADEA, Plaintiff must demonstrate: (1) she was over forty years old; (2) she was qualified for the position she held; (3) she suffered an adverse

Fenley v. Wood Group Mustang, Inc.

170 F. Supp. 3d 1063 · District Court, S.D. Ohio · Mar 17, 2016

The Sixth Circuit has interpreted this provision as establishing two requirements for a representative action under the FLSA: Plaintiffs must (1) “actually be ‘similarly situated;’ ” and (2) “.. .must signal in writing their … WGM here relies on the theory that “an award of costs to a prevailing defendant in an FLSA case is clearly possible and is not merely theoretical...