Case law

United States v. Mayhew

380 F. Supp. 2d 915 · District Court, S.D. Ohio · Jun 22, 2005

A, and that the days’ events were so traumatic that his ability to think clearly was affected. … This request for some time alone does not qualify as a clear and unambiguous request for counsel. 19 .

Scovill v. WSYX/ABC, Sinclair Broadcast Group, Inc.

312 F. Supp. 2d 955 · District Court, S.D. Ohio · Mar 29, 2004

In this case, Plaintiff clearly had notice that any claim against his employer, including a statutory claim, would be subject to arbitration. … In this case, the parties’ intent to sever unenforceable provisions of the Agreement is clearly manifested by the language of the agreement itself.

Worldwide Basketball & Sports Tours, Inc. v. National Collegiate Athletic Ass'n

273 F. Supp. 2d 933 · District Court, S.D. Ohio · Jul 28, 2003

Under the rule of reason, the NCAA must establish a bona fide justification, demonstrating the virtues of the policy. … The Court concludes that both Guth and Tollison are highly-qualified experts.

Hendricks v. Total Quality Logistics, LLC

District Court, S.D. Ohio · Sep 26, 2023

FLSA exemption Establishing the applicability of an FLSA exemption is an affirmative defense and therefore, the employer has the burden to establish each element … Therefore, Junior LAEs do not qualify for the FLSA's administrative exemption. C.

Elkins v. American International Special Lines Insurance

611 F. Supp. 2d 752 · District Court, S.D. Ohio · Apr 28, 2009

The fact that the plaintiff may be unable to recover an amount over the jurisdictional limit does not establish bad faith or defeat jurisdiction. Id. … Strip, 868 F.2d at 187 ; Mueller, 106 Ohio App.3d at 811 , 667 N.E.2d 427 (“The reason the insurance industry went to claims-made policies is to clearly define the period for which they were liable rather than to be liable

Washington v. Miami County

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

immunity on [Washington’s] federal claims”; various claims “have no support in law or the factual record developed during discovery”; and, Washington’s state law claims fail because of Miami County’s immunity from tort … claims and the individual defendants’ immunity as employees of a political subdivision.

Walker v. The Ohio National Life Insurance Company

District Court, S.D. Ohio · Sep 30, 2024

In her PUF Response, Plaintiff admits, denies, or seeks to qualify certain facts presented in Ohio National’s PUF surrounding the events preceding her termination. Doc. 30. … Moreover, DiCarlo relied on the outdated lower “causal connection” standard to establish a prima facie case, rather than the more recent heightened “but-for” causation established by the Supreme Court.

Brown v. Cincinnati Police Department

District Court, S.D. Ohio · Aug 6, 2024

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. … Jan. 23, 2009) (finding that “bare allegations of a custom or policy, unsupported by any evidence, are insufficient to establish entitlement to relief.”).

The Cincinnati Enquirer v. United States Department of Justice

District Court, S.D. Ohio · Jan 10, 2025

45 F.4th at 933 (quoting Rimmer, 700 F.3d at 257); see also Detroit Free Press, 829 F.3d at 481 (explaining that “[e]mbarrassing and humiliating facts—particularly those connecting an individual to criminality— qualify … That text only applies to “entit[ies] established by the laws of [Ohio].” Ohio Rev. Code § 149.011(A). The DOJ is not such an entity.

Cultrona v. Warden Correctional Reception Center

District Court, S.D. Ohio · May 15, 2024

Under § 2254(d)(1), “clearly established Federal law” refers to the holdings of the Supreme Court at the time of the relevant state court decision. Williams v. Taylor, 529 U.S. 362, 412 (2000). … Mitchell, 329 F.3d 496, 512–13 (6th Cir. 2003) (holding that, because “[t]here is no clearly established Supreme Court precedent which holds that a state violates due process by permitting propensity evidence in the form

Jamison v. Collins

100 F. Supp. 2d 521 · District Court, S.D. Ohio · Dec 21, 1998

First, Rone did not clearly establish a procedure for raising a claim of ineffective assistance of appellate counsel. … The trial court applied an incorrect standard in “death-qualifying” Appellant Jamison’s jury. 6.

Ameritas Life Insurance Corp. v. Federal Insurance Company

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

Under Ameritas’s reading, this language means that a loss needs to be “established” before it constitutes a “collectible loss.” … Furthermore, General Agreement E applies to notice of legal proceedings against Ameritas — it does not purport to qualify the limitations provision in Condition 7(d) or the definition of discovery in Condition 6.

Castellini v. Skyline Chili, LLC

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

And wherever discussed, disputed facts will be clearly indicated as such. … That is, the Court “need not address whether [the Castellinis] established a prima facie case” if they “failed to 3 The Court has previously expressed—and continues to hold—reservations about the tension between the

Shine-Johnson v. Warden, Belmont Correctional Institution

District Court, S.D. Ohio · Jul 6, 2021

Petitioner has not shown that decision is contrary to any Ohio Supreme Court precedent or any clearly established law from the United States Supreme Court. … Shine-Johnson concludes in summary fashion: “The court decision is not founded in Ohio law and is an objectively unreasonable determination of the fact and contrary to clearly established federal law.

Briggs v. University of Cincinnati

District Court, S.D. Ohio · Sep 28, 2020

Stidham’s deposition testimony is not clear on this point, but he clearly states in his affidavit that he did not provide the physical form to Grunow. … Summary judgment for the defendant is proper only where the record shows that it established the affirmative defense “so clearly that no rational jury could have found to the contrary.”

Rausenberg v. Warden, Ellsworth Correctional Facility

District Court, S.D. Ohio · Apr 21, 2020

That was not an unreasonable application of clearly established federal law. … That was not an unreasonable application of clearly established federal law.

Creed v. Hartford Life and Accident Insurance Company

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

argues that its determination must be upheld because the information within the record clearly establishes that Mr. Creed is not disabled under the Policy’s definition. (ECF No. 21 at 14; ECF No. 24 at 2.) … Creed] was qualified by his education, training or experience.” (ECF No. 17-1 at 236.) Hartford did so. Mr.

Kalmbach Feeds, Inc. v. Purina Animal Nutrition LLC

District Court, S.D. Ohio · Jul 3, 2025

Defendant emphasized that its qualified responses to Plaintiff’s Requests were to accommodate the expedited discovery process, and did not rule out the possibility that a more “robust”search, with time, would yield more … ingredient identified as FeedLock®, which Purina describes as a ‘breakthrough ingredient of the [Flock Strong™] system that nourishes and protects, helping to instantly defend against avian influenza while also boosting immunity

Gibson v. City of Cincinnati

District Court, S.D. Ohio · Jul 14, 2023

Act (“PLRA”) before filing his action in this Court; (2) plaintiff has not raised a genuine issue of material fact that a constitutional violation occurred; (3) defendant is shielded from liability by the doctrine of qualified … immunity; and (4) defendant is entitled to judgment as a matter of law on plaintiff’s state law claims.

Christopher F. v. Commissioner of Social Security

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

LEGAL FRAMEWORK & STANDARD OF REVIEW Social Security To qualify for disability benefits, a claimant must suffer from a medically determinable … Ohio Dec. 29, 2022) (“the ALJ needed to explain why he determined that [claimant] was limited to superficial contact as [the ALJ] defined it, and it is sufficient that the record not be clearly contrary to that definition