Case law

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

Heeter v. Bowers

District Court, S.D. Ohio · Feb 27, 2025

To prevail on a motion in limine, the moving party must show that the evidence is clearly inadmissible. Ind. Ins. Co. v. Gen. Elec. Co., 326 F.Supp.2d 844, 846 (N.D. Ohio 2004). … This Court established a briefing schedule to resolve the motion, which is not yet ripe for review. (See ECF No. 94).

Dixon

District Court, S.D. Ohio · Mar 3, 2026

He argues that his disability, peripheral neuropathy, is clearly established, and suggests that he was targeted for his disability when his accommodations were taken away. (ECF No. 27 at 41). … To establish a prima facie case of retaliation under the FMLA, Dixon must show: (1) “he was disabled within the meaning of the Act”; (2) he “was otherwise qualified for the position, with or without reasonable accommodation

Escue v. Sequent, Inc.

869 F. Supp. 2d 839 · District Court, S.D. Ohio · Apr 25, 2012

A survival clause such as the one at issue here, which contains no express reference to “actions,” “demands,” or even to breach of the contract, does not clearly manifest an intent to establish a contractual limitations period … Assuming arguendo that Escue can establish the separate duty so as to proceed in tort, his fraud claims suffer from a flawed foundation.

Poffenbarger v. Kendall

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

Dept. of Labor, 17 F.4th 604, 611 n.10 (5th Cir. 2021) (“society’s interesting in slowing the spread of COVID-19 cannot qualify as compelling forever”) (internal quotation marks omitted and alteration adopted); Air Force … “[T]he government has the burden to establish that the challenged law satisfies strict scrutiny.” Id.

Cannon v. Licking County Ohio

District Court, S.D. Ohio · Oct 25, 2019

In the case at hand, the facts establish that Plaintiff was not required to file an expert report before Dr. Allen could testify on the causation of the injuries. Dr. … “The Rule 702 analysis proceeds in three stages: ‘First, the witness must be qualified by ‘knowledge, skill, experience, training, or education.’

Chapman v. Columbus Metropolitan Housing Authority

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

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 … Facial plausibility is established “when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id.

Goddard v. Allegiance Administrators, LLC

District Court, S.D. Ohio · Jan 19, 2021

Goddard’s statements as improperly establishing claims of medical causation. Ms. … Goddard presents “no record evidence” to prove that she suffered from a qualifying serious medical condition at the time of her absence and therefore cannot establish her interference or retaliation claims as a matter of

Enoch v. Hamilton County Sheriff's Office

District Court, S.D. Ohio · Dec 2, 2021

Thus, defendants have not established that their failure to timely supplement was substantially justified or harmless. … Because officers arrested Sullivan and Gipson approximately seven years after the arrests at issue here, they do not qualify as similarly situated individuals.

Lanton v. Ocwen Loan Servicing LLC

District Court, S.D. Ohio · May 7, 2024

Plaintiff’s August 3, 2015, Qualified Written Request and Ocwen’s Response On August 3, 2015, an attorney for the Lantons sent Ocwen a “qualified written request for information (‘(QWR’) … Clearly, Ocwen sent considerable information to Plaintiffs in response to their RFI, although it did not provide a separate and complete accounting of all payments made during Mrs.

Lawless v. T Financial Services, LLC

District Court, S.D. Ohio · Jul 18, 2024

error with respect to such qualified written request.” … “The plaintiff bears the burden of establishing [all three elements of] standing.” Lyshe, 854 F.3d at 857.

Doe v. Ohio University

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

An institution is deliberately indifferent to harassment if it reacts in a way that is “clearly unreasonable in light of what it knew.” Kesterson v. Kent State Univ., 967 F.3d 519, 529 (6th Cir. 2020). … Having found that the equal protection claims against all Defendants are dismissed, the Court need not address the qualified immunity arguments.

Sweeting

District Court, S.D. Ohio · Mar 11, 2026

Facial plausibility is established “when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. … Brabson is immune from suit in his official capacity to the extent that Plaintiff seeks monetary damages.

Mall v. Educational Service Center of Central Ohio

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

“To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it.” Bd. of Regents of State Colleges v. Roth, 408 U.S. 564, 577 (1972). … Thus, to establish a protected interest in his continued employment as a substitute teacher, Mr.

Walker v. Warden, Chillicothe Correctional Institution

District Court, S.D. Ohio · Aug 1, 2024

And even when a petitioner invokes Supreme Court precedent, mere 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 … applied clearly established federal law. (Doc. 17, #2140–42; Doc. 21, #2203–04). The Court agrees with the Magistrate Judge.

Courthouse News Service v. O'Shaughnessy

District Court, S.D. Ohio · Mar 21, 2023

“A preliminary injunction is an extraordinary remedy which should be granted only if the movant carries his or her burden of proving that the circumstances clearly demand it.” Overstreet v. Lexington-Fayette Urb. … Accordingly, Courthouse News has established there is a substantial likelihood it will prevail on the merits. B.

Colbert v. Tambi

513 F. Supp. 2d 927 · District Court, S.D. Ohio · Aug 30, 2007

In light of the record evidence clearly showing that petitioner was informed of his right of appeal and knew during the 30-day appeal period that his trial counsel would not be assisting him in perfecting an appeal, the undersigned … Vroman, 346 F.3d at 605 , and the Fifth’s Circuit’s decision in Coleman, 184 F.3d at 402-03 , where similar arguments were made, that petitioner has not demonstrated that such circumstance is sufficiently extraordinary to qualify

Mallory v. State of Ohio

38 F. Supp. 2d 525 · District Court, S.D. Ohio · Oct 30, 1997

The proof required to establish a claim under § 2 is now well-established: In Thornburg v. … There is a problem now of getting the best qualified lawyers to seek judge-ships.

Fleming v. Foley

District Court, S.D. Ohio · Oct 24, 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. … convictions have been reversed on appeal or vacated by expungement or by writ of habeas corpus, plaintiff’s claims challenging those convictions are barred by Heck.5 Even if the above charges were still pending, it is well established

Dillard v. BMW Financial Services NA, LLC

District Court, S.D. Ohio · Feb 14, 2025

So, to prevail on a claim under the FDCPA, Plaintiff must establish that Defendant BMW is a “debt collector” as defined by the statute. See Bauman v. … Pa. 2017) (dismissing an FDCPA claim on an initial screen where the complaint clearly showed that the claim was untimely); Pearson v. Comm. Bank of Ozark, No. No. 1:17-cv-687, 2018 WL 3199147, at *3 (M.D. Ala.