Case law

Holmes v. Bon Secours Mercy Health

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

These additional allegations are still part of a single occurrence and fall short of the severe and pervasive standard to qualify as a hostile work environment.”). … Merely being shunned by co-workers is not an adverse employment action that can form an actionable basis for a retaliation claim, as “ ‘[a]n employee’s decision to report discriminatory behavior cannot immunize that employee

Orrand v. Hunt Construction Group, Inc.

193 F. Supp. 3d 854 · District Court, S.D. Ohio · Jun 21, 2016

when their actions conform to an NLRB § 10(k) award, and “[t]o allow a nonprevailing union to sue an employer for damages when that employer acts in conformity with a section 10(k) determination would run counter to that clearly-expressed … Phillips, Inc., 573 F.Supp.2d 1059, 1064 (C.D.Ill.2008)(em-ployer could assert arbitration award and consent decree which settled jurisdictional dispute and established that Local # 18 had no right to the work in question

Orwick v. Mercy Health

District Court, S.D. Ohio · May 3, 2022

reason, and that Plaintiff failed to establish such reason was pretextual. … To establish a prima facie case, Plaintiff must demonstrate “(1) [he] has a disability, (2) [he] is otherwise qualified for the position, with or without reasonable accommodation, (3) [he] suffered an adverse employment

In Re National Century Financial Enterprises, Inc.

580 F. Supp. 2d 630 · District Court, S.D. Ohio · Jul 22, 2008

Mere access to information is not enough to establish scienter. See Fidel v. Farley, 392 F.3d 220, 229-30 (6th Cir.2004); PR Diamonds, 364 F.3d at 688 . … See PR Diamonds, 364 F.3d at 686-87 (stating that to support a strong inference of scienter, red flags must have been “obvious” or “clearly evident” to someone in the defendant’s position and be “sufficiently blatant that

Edison Brewing Company LLC v. Gourmet Fresh LLC

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

Instead, it is a qualifying hurdle that plaintiffs must satisfy even if raised sua sponte by the court.” Cmty. First Bank v. Nat'l Credit Union Admin., 41 F.3d 1050, 1053 (6th Cir.1994). … However, Gourmet Fresh concludes its fifth affirmative defense by stating “Plaintiff has failed to join all necessary and indispensable parties to support its claims as alleged in the Second Amended Complaint,” clearly

King v. Aramark Correctional Services

District Court, S.D. Ohio · Jan 13, 2025

immunity under the circumstances here. … As to the subjective element, Plaintiff wholly fails to establish this element.

Levin v. Barry Kaye & Associates, Inc.

858 F. Supp. 2d 914 · District Court, S.D. Ohio · Mar 13, 2012

Herein, the uncontroverted evidence establishes that the Plaintiff invested $322,118.89 to purchase the life insurance policy from Barry Kaye. … Alternatively, Transamerica argues: There are clearly genuine issues of material fact concerning Howard Kaye’s actual and apparent authority as a Transamerica agent to solicit the purchase of a Transamerica life insurance

Shine-Johnson v. Warden, Belmont Correctional Institution

District Court, S.D. Ohio · Aug 10, 2021

The Sixth Circuit has held “There is no clearly established Supreme Court precedent which holds that a state 1 East's Pleas of the Crown; Foster's Crown Cases: Bishop's New Criminal Law; 2 Wharton on Crim. … The new statute does not immunize the use of deadly force from punishment just because the killer claims to have been acting in self-defense.

Kelly v. First Data Corporation

District Court, S.D. Ohio · Jan 27, 2020

The Court is not required to accept an allegation that is clearly contradicted by an exhibit attached to the complaint. … Title VII and the Pregnancy Discrimination Act (Count III) In order to establish a prima facie case under Title VII and the PDA, Kelly must allege that she: (1) is a member of a protected class; (2) was qualified

Hamilton County Board of County Commissioners v. National Football League

445 F. Supp. 2d 835 · District Court, S.D. Ohio · Feb 9, 2006

In addition to the section of the collective bargaining agreement that the Plaintiff cites, at least one subsequent provision qualifies the calculation of the DGR. … This ease clearly falls within the latter category, to the extent that it falls within either of the two categories at all.

Bronson v. BOARD OF EDUC. OF CITY SCHOOL DIST.

604 F. Supp. 68 · District Court, S.D. Ohio · Jun 22, 1984

Clearly, the probative value of these events, to prove that a post-July 26, 1965 violation had occurred, is attenuated at best. 10 *75 The Bronson and Deal decisions were not Plaintiffs’ only roadblock. … Alternative programs will qualify for the new state aid only if they are projected to reduce, and after a year do in fact reduce, racial isolation.

Johnson v. Kroger Co.

160 F. Supp. 2d 846 · District Court, S.D. Ohio · Mar 30, 2001

In an employment discrimination action the plaintiff may prove discrimination by direct evidence or by establishing a prima facie case. … Rather, the evidence clearly demonstrates that the choice to transfer plaintiff was a business decision based upon potential problems occurring between Kirkbride and one of his subordinates.

Guy v. Board of Education Rock Hill Local Schools

District Court, S.D. Ohio · Mar 25, 2021

The evidence of record clearly establishes that there is one version of the email, as detailed above, it was properly authenticated and identified on numerous occasions. … The undersigned recognizes that the date may have been illegible on certain copies of the document that were scanned repeatedly, however, the testimony clearly establishes the email was sent on January 9, 2018.

Ferrero v. Henderson

244 F. Supp. 2d 821 · District Court, S.D. Ohio · Oct 8, 2002

To establish a prima facie case under that statute, Plaintiff must establish that: 1) she is disabled under the Act, 2) she is otherwise qualified for the job, with or without “reasonable accommodation,” 3) she suffered an … Trans World Airlines, 455 U.S. 385, 393 , 102 S.Ct. 1127 , 71 L.Ed.2d 234 (1982), Defendant clearly has not waived the exhaustion requirement generally, and there is no indication, at this time, that equitable principles

Bronson v. Board of Education

535 F. Supp. 846 · District Court, S.D. Ohio · Feb 11, 1982

In the face of a clearly established statutory duality in 1954, the Court viewed its task in Green as that of measuring “the effectiveness of respondent School Board’s ‘freedom-of-choice’ plan to achieve” the mandatory transition … Both rules are qualified or rejected when their application would contravene an overriding public policy or result in manifest injustice.” Tipler v.

Clay

District Court, S.D. Ohio · Nov 7, 2025

A claim has no arguable basis in law if it is based on a legal interest that clearly does not exist or if the defendant is immune from suit. Neitzke, 490 U.S. at 327. … A plaintiff satisfies this burden only if the complaint establishes complete diversity on its face. See Corner v. Greef, 99 F.

Bench Billboard Company v. City Of Cincinnati

District Court, S.D. Ohio · Jan 12, 2023

contracts, and that the City did not have immunity from these claims against it. The First District Court of Appeals found that res judicata barred those claims as well. Id. … The doctrine, established by two U.S. Supreme Court rulings issued 60 years apart, draws its support from 28 U.S.C. § 1257 and the principle that only the U.S.

Holmes v. United States

District Court, S.D. Ohio · Jul 11, 2025

Thus, “the party seeking relief under Rule 60(b) bears the burden of establishing the grounds for such relief by clear and convincing evidence.” Info-Hold, Inc. v. … Preliminary injunctive relief is “an extraordinary remedy which should be granted only if the movant carries [the] burden of proving that the circumstances clearly demand it.” Overstreet v. Lexington—Fayette Urb.

United States v. Abdi

498 F. Supp. 2d 1048 · District Court, S.D. Ohio · Jul 26, 2007

Pursuant to Federal Rule of Evidence 702, If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert … If it was error to fail to list a few of the acts alleged in Counts Three and Four under Count One, “then it was clearly an error of mere form, not substance.

Adams v. Stealthbits Technologies Inc

District Court, S.D. Ohio · Jan 3, 2022

Potshantek called me back and said I did not qualify for FMLA and that May 10, 2019 would be my last day. 25. … In order to establish a prima facie case of discrimination, a plaintiff must show: (1) she is disabled; (2) she is otherwise qualified for the position, with or without reasonable accommodations; (3) she suffered