Case law

Gray v. State Farm Mutual Automobile Insurance Company

District Court, S.D. Ohio · Feb 5, 2024

Gray was qualified for the position, given her employment with State Farm for 15 years, her service as a team mentor, and her regular receipt of emails and calls from the State Farm Agency Career Track. … Here, State Farm has clearly provided a legitimate reason for Ms. Gray’s termination in the form of her falsification of timecard entries. 5.

Overholt v. Farm Credit Services (In Re Overholt)

125 B.R. 202 · District Court, S.D. Ohio · Dec 11, 1990

The phrase “except as otherwise provided” shows clearly that the trustee is not the only party intended to make distributions under the reorganization plan. … Passage of Chapter 12 manifested Congressional recognition that [m]ost family farmers have too much debt to qualify as debtors under Chapter 13 and are thus limited to relief under Chapter 11.

Avco Corp. v. American Telephone & Telegraph Co.

68 F.R.D. 532 · District Court, S.D. Ohio · Jul 17, 1975

A master’s findings of fact are to be accepted unless clearly erroneous, and we exercise our independent judgment as to conclusions of law. … It was reasonable for defendant to assign Finney to this project and he was well qualified to serve.

The Auto Place, LLC v. Cargill

District Court, S.D. Ohio · Apr 7, 2020

the answer clearly is that it cannot.”). … While that term is admittedly amorphous, it is well-established that an individual’s contract with an out-of-state party alone cannot automatically establish sufficient minimum contacts in the other party’s home forum

Payton v. Cox

District Court, S.D. Ohio · Dec 1, 2020

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. … “To establish a prima facie case of intentional discrimination under Title II of the ADA, a plaintiff must show that: (1) she has a disability; (2) she is otherwise qualified; and (3) she was being excluded from participation

Lynn v. DuPont De NeMours, Inc.

District Court, S.D. Ohio · Sep 5, 2024

“First, the witness must be qualified by ‘knowledge, skill, experience, training, or education.’ … To prevail on a motion in limine, the movant must show that the evidence is clearly inadmissible. Id.

United Dominion Industries Ltd. v. Commercial Intertech Corp.

943 F. Supp. 857 · District Court, S.D. Ohio · Sep 13, 1996

A simple hypothetical is sufficient to establish the point. … To see this more clearly, assume that the 40 unvoted shares, in fact, consist of 35 which are disinterested and 5 which are interested.

Neighborhood Research Institute v. Campus Partners for Community Urban Development

212 F.R.D. 364 · District Court, S.D. Ohio · Nov 26, 2002

HUD, on the other hand, is required by MAHRA to renew all expiring HAP contracts, subject to appropriations, if the project owner so requests and the project qualifies. … Had Congress intended to impose an affirmative obligation on those parties, it clearly could have done so, as it did with respect to the Secretary of HUD.

Fitzsimmons v. Commissioner of Social Security

District Court, S.D. Ohio · May 31, 2023

A “plaintiff’s ability to engage in daily activities does not establish ipso facto that she is able to engage in gainful activity 40 hours per week[,]” Barnhorst v. Comm’r of Soc. … Tanner’s report that is clearly inconsistent with the residual functional capacity assessment of the ALJ nor challenges the ALJ’s assessment of Dr. Tanner’s opinion.

Planned Parenthood Southwest Ohio Region v. Hodges

138 F. Supp. 3d 948 · District Court, S.D. Ohio · Oct 13, 2015

The director of the Ohio Department of Health is authorized to establish quality standards for regulation of the ASFs. Ohio Rev. Code § 3702.30(B). … A preliminary injunction should be granted “only if the movant carries his or her burden of proving that the circumstances clearly demand it.” Overstreet v. Leodngton-Fayette Urban Cnty.

Kirby v. Warden, Madison Correctional Institution

District Court, S.D. Ohio · Feb 19, 2025

Because the Motion for New Trial was decided after Bethel was handed down, Bethel was clearly applicable. … To prevail on his habeas corpus claim Kirby must show that the Twelfth District’s decision was contrary to or an objectively unreasonable application of clearly established Supreme Court precedent.

Columbus Gas & Fuel Co. v. City of Columbus

42 F. Supp. 762 · District Court, S.D. Ohio · Dec 16, 1941

was purchased solely from the Ohio Fuel Gas Company under a gate rate contract whereby the cost was based upon the selling price to the consumer, and since the stock of all three companies, with the exception of certain qualifying … Consolidated Gas Co., 258 U.S. 165, 178 , 42 S.Ct. 264, 267 , 66 L.Ed. 538 , the Court held: “All impounded funds should be promptly released to the Gas Company subject only to deductions for such costs as are clearly assessable

Seifu v. Postmaster General, US Postal Service

District Court, S.D. Ohio · Oct 12, 2021

One of the options was a “return to full-duty with no restrictions by March 18, 2019,” but the letter clearly stated that to exercise that option, Plaintiff must “provide us with the medical documentation indicating that … she was qualified, were vacant. Accord James v. Frank, 772 F.Supp. 984, 994 (S.D.

American Municipal Power, Inc. v. Voith Hydro, Inc.

District Court, S.D. Ohio · Mar 31, 2022

Common words appearing in the written instrument are to be given their plain and ordinary meaning unless manifest absurdity results or unless some other meaning is clearly intended from the face or overall contents … As set forth herein, the Court finds The Agreement unambiguous such that extrinsic evidence, to the extent the Declaration would qualify as such, need not be considered.

Carter v. Warden, Toledo Correctional Institution

District Court, S.D. Ohio · Mar 30, 2021

The State argues Appellant's co-defendant, Anthony Schwalbauch, clearly possessed sufficient personal knowledge and understanding of the drug trade to testify about common code words and … for this testimony is first established."

Vallee v. Commissioner of Social Security

District Court, S.D. Ohio · Oct 10, 2023

Once a claimant has established her disability and entitlement to benefits, the SSA must conduct a periodic review to ensure her eligibility continues. 20 C.F.R. § 416.994(a). … The Magistrate Judge did not clearly err.

O'Malley v. NaphCare, Inc.

101 F. Supp. 3d 742 · District Court, S.D. Ohio · Nov 17, 2014

NaphCare’s assertion that the statement in question is not “about” O’Malley, or that it does not qualify as being “of or concerning” her for purposes of a defamation claim, is not well taken. … Such a motion may consist of a “facial attack,” under which the moving party asserts that the allegations of the complaint are not sufficient to establish jurisdiction. O’Bryan v.

Rudolph v. Allstate Insurance Company

District Court, S.D. Ohio · Aug 6, 2020

Because he has failed to establish all the elements of his defamation claim, the Court need not reach Allstate’s qualified privilege and statutory immunity defenses. … “Common words appearing in a written instrument will be given their ordinary meaning unless manifest absurdity results, or unless some other meaning is clearly evidenced from the face or overall contents of the instrument

Ohio Council 8 American Federation of State v. Brunner

24 F. Supp. 3d 680 · District Court, S.D. Ohio · Jun 3, 2014

The candidates then ran unopposed in their party’s primary election and qualified as candidates for the nonpartisan general election. … At that time, Plaintiffs failed to establish a strong likelihood of success on the merits of their claims.

Leeth v. Secretary of Veterans Affairs

District Court, S.D. Ohio · Feb 12, 2024

To establish a prima facie case of sex discrimination, Leeth must show that: (1) he “is a member of a protected group;” (2) he “was subjected to an adverse employment decision;” (3) he “was qualified for the position;” … Viewed in the light most favorable to Leeth, a reasonable finder of fact could conclude that he was qualified for the position at CVAMC. See id.