Case law

Wayne Watson Enterprises, LLC v. City of Cambridge

243 F. Supp. 3d 908 · District Court, S.D. Ohio · Mar 20, 2017

” and, as here, held that the plaintiff “must first establish that it held a constitutionally protected property right” as established by state law. Id. at 249-50. … As the court of appeals observed, "the Council’s action clearly resulted in a differentiable impact on a specifiable individual, thus triggering a right to a hearing.” Id.; see also Wedgewood Ltd. P’ship I v.

Kohler v. City Of Cincinnati

District Court, S.D. Ohio · Feb 27, 2021

A party must establish a substantial likelihood of establishing standing to seek the very discrete and preliminary types of relief. Id. at 256. … Plaintiff has not established a substantial likelihood of establishing standing to pursue a preliminary injunction. See Waskul, 900 F.3d at 256 n. 4.

Edge v. Erdos

District Court, S.D. Ohio · Sep 22, 2023

a single sentence (without argument or citation) that “they are immune from suit [under] Qualified and Eleventh Amendment Immunity.” (Id.) … In addition, Defendants’ assertion of “immunity” is so conclusory and perfunctory as to be unworthy of discussion. See McPherson v.

Gelesky v. AK Steel Corp. Pensions Agreement Plan

828 F. Supp. 2d 935 · District Court, S.D. Ohio · Nov 30, 2011

Moreover, as was the case in West and in Moody, the fact that the plan was tax-qualified and approved by the IRS is not dispositive of whether or not the plan meets all ERISA requirements. … The calculation summary and the June 30, 1999 quarterly statement both clearly and unambiguously state that Plaintiffs lump sum payment would be equal to his account balance.

Schumacher v. AK Steel Corp. Ret. Acc. Pension Plan

995 F. Supp. 2d 835 · District Court, S.D. Ohio · Feb 4, 2014

The real dispute here was the scope of the RIF releases, as the complaint’s proposed class definition clearly recognized. … However, as noted above, courts in this district have awarded rates above the Rubin rates for highly experienced and qualified lawyers. The Court concludes that an appropriate rate for Mr.

Geiger Jones Co. v. Turner

230 F. 233 · District Court, S.D. Ohio · Feb 10, 1916

An “issuer” is defined to be an original issuer. [1, 2] The act must be sustained unless it can be clearly shown to be in conflict with some constitutional provision. … In most instances they are so qualified as to relieve but a limited number of licensees and introduce a fatal inequality as regards the protection of the laws guaranteed by the Fourteenth Amendment.

Foreman v. Commissioner of Social Security

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

Although the ALJ there noted that Plaintiff suffered from a litany of severe ailments, she concluded that Plaintiff did not have an impairment that met or medically equaled one of the qualifying impairments listed in 20 … As the Sixth Circuit summarized: Read together, Drummond and Acquiescence Ruling 98–4(6) clearly establish that a subsequent ALJ is bound by the legal

Pyatt v. Commissioner of Social Security

771 F. Supp. 2d 891 · District Court, S.D. Ohio · Jan 12, 2011

Hard’s opinions, such as his conclusion that Plaintiff should not repetitively lift or bend, are clearly inconsistent with the ALJ’s determination. Because of Dr. … Hard’s opinions are clearly inconsistent with the ALJ’s decision. Dr.

Jedson Engineering, Inc. v. Spirit Construction Services, Inc.

720 F. Supp. 2d 904 · District Court, S.D. Ohio · Jun 18, 2010

Clearly, this language covers only title to all drawings, not all right, title and interest in the drawings. … This information qualifies as “copyright management information” under the DMCA. The statute does not require that the author or owner of the copyright be specifically identified.

Penick v. Columbus Board of Education

429 F. Supp. 229 · District Court, S.D. Ohio · Mar 8, 1977

The State of Ohio provides financial assistance through the School Foundation Program to all qualifying, chartered districts in the state. … The Board disburses substantial federal funds to districts which qualify under different federal programs.

Doe v. Hogan

421 F. Supp. 2d 1051 · District Court, S.D. Ohio · Mar 27, 2006

Settlement Agreement Can Convey Prevailing Party Status Upon a Plaintiff Though Buckhannon clarified the existing rule by requiring that a “change in the legal relationship” must have “sufficient judicial imprimatur” to qualify … In 1986 Congress established a system for the protection and advocacy of mentally ill persons, and OLRS was designated as Ohio’s protection and advocacy agency under this legislation.

Greenblatt v. Richard Potasky Jeweler, Inc. (In Re Richard Potasky Jeweler, Inc.)

222 B.R. 816 · District Court, S.D. Ohio · Mar 31, 1998

On October 4, 1993, he filed a proof of claim with the bankruptcy court and requested that the court establish a constructive trust over the consigned jewelry held by Potasky Jeweler. … Clearly the Supreme Court did not envision that the protection its rule afforded would be permanent.

Speed Way Transportation, LLC v. City of Gahanna

District Court, S.D. Ohio · Jun 15, 2021

In their response, Plaintiffs simply assert that their Complaining “clearly alleged facts” supporting their claim.2 It did not. … The Complaint does not establish that Plaintiffs had a constitutionally-protected interest in the 2020 Towing Contract.

Acquisition & Research LLC v. Filion

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

Additionally, A&R argues that “Defendants’ own negligence has not been rebutted clearly and convincingly,” specifically because “Mr. … Despite this ruling, which clearly established the third party as Mr. Meyer’s attorney for purposes of the subject Consulting Agreement, Defendants exclusively refer to the third party as Mr.

Lyons v. Jacobs

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

Under “well-established” law, “a police department is simply a division of the city government with no capacity to sue or be sued.” Jones v. City of Middletown, 2006 WL 8442231, at *2 (S.D. Ohio May 31, 2006). … immunity.

Match v. Interstate Gas Supply, Inc.

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

The party asserting confidentiality shall have the burden of establishing the appropriateness of the designation, except that a party claiming that information designated by the other as confidential is in the … If a producing party inadvertently produces or otherwise discloses to a receiving party information that is subject to such privilege or immunity, the producing party shall promptly upon discovery of such disclosure so

Huff

District Court, S.D. Ohio · Mar 4, 2026

To establish a prima facie failure-to- accommodate claim, a plaintiff must show: (1) he was disabled within the meaning of the ADA; (2) he was otherwise qualified for the position, either with or without a reasonable … Rather, his and his father’s verbal requests “clearly qualify as requests for accommodations and mark the beginning of the interactive process,” in which Defendant failed to engage. (Id.)

Reed v. Warden, Allen Oakwood Correctional Institution

District Court, S.D. Ohio · Jun 4, 2020

He claims in his Objections, however, that he has newly- discovered evidence that clearly establishes his actual innocence and he relies on the actual innocence exception to the statute of limitations recognized by the Supreme … To establish actual innocence, "a petitioner must show that it is more likely than not that no reasonable juror would have found petitioner guilty beyond a reasonable doubt." Id. at 327.

Weaver v. O'GRADY

350 F. Supp. 403 · District Court, S.D. Ohio · Oct 27, 1972

United Shoe Machinery Corp., supra, 392 U.S. at 496 , 88 S.Ct. [2224,] at 2233, or by deciding an issue of first impression whose resolution was not clearly foreshadowed, see, e. g., Allen v. … The procedures in effect for pre-suspension hearings, see n. 6 supra, satisfy the due process requirements as established in Bell v. Burson.

Bates v. Hale

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

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 Dep’t of Rehab. & Corr., 157 F.3d 453, 456 (6th Cir. 1998) (and cases cited therein) (“It is well-established that a plaintiff cannot sue a state agency or any of its employees in their official capacities for monetary