Case law

In Re: Ohio Execution Protocol Litigation

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

Bucklew tells us that earlier modes of execution offer “instructive” examples, both of what qualifies as too severe (“[b]reaking on the wheel, flaying alive, rending asunder with horses”) and what … Thus, it would be legally impossible for anyone alleging only sensations of drowning or suffocating to establish an Eighth Amendment violation in connection with a method of execution.”

In Re: Ohio Execution Protocol Litigation

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

Bucklew tells us that earlier modes of execution offer “instructive” examples, both of what qualifies as too severe (“[b]reaking on the wheel, flaying alive, rending asunder with horses”) and what … Thus, it would be legally impossible for anyone alleging only sensations of drowning or suffocating to establish an Eighth Amendment violation in connection with a method of execution.”

In Re: Ohio Execution Protocol Litigation

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

Bucklew tells us that earlier modes of execution offer “instructive” examples, both of what qualifies as too severe (“[b]reaking on the wheel, flaying alive, rending asunder with horses”) and what … Thus, it would be legally impossible for anyone alleging only sensations of drowning or suffocating to establish an Eighth Amendment violation in connection with a method of execution.”

Barton v. Warden, Orient Correctional Institution

District Court, S.D. Ohio · Oct 14, 2021

And the Seventh District held the witness was qualified under Ohio R. Evid. 702. … Barton concludes his argument on Ground One by claiming “he has demonstrate[d] that the state court's judgment was contrary to clearly established Federal Law as determined by the Supreme Court of the United States.”

Acquisition & Research LLC v. Filion

District Court, S.D. Ohio · Mar 29, 2023

Under the terms of the Consulting Agreement, A&R agreed to “assist [Defendants] in the process of finding, identifying, contacting and advising [Defendants] of potential qualified buyers for [Defendants’ business] on … First, for example, while A&R maintains that Defendants’ own negligence “is the death knell to [their] defense of mistake,” the facts set forth in the subject pleadings do not indisputably establish Defendants’ negligence

In Re: Ohio Execution Protocol Litigation

District Court, S.D. Ohio · Sep 29, 2020

Bucklew tells us that earlier modes of execution offer “instructive” examples, both of what qualifies as too severe (“[b]reaking on the wheel, flaying alive, rending asunder with horses”) and what … Thus, it would be legally impossible for anyone alleging only sensations of drowning or suffocating to establish an Eighth Amendment violation in connection with a method of execution.”

Yu v. David A. Dye CO., LPA

District Court, S.D. Ohio · Sep 8, 2020

Dye’s testimony establishes that DADCO did not intend to violate the FDCPA. (ECF No. 56-4 at 132.) … Instead, his primary argument consists of a conclusory statement that DADCO’s software system was “clearly not reasonably adapted” to prevent the communication. (ECF No. 62 at 19.)

Schwartz v. The Hall Insurance Group Inc.

District Court, S.D. Ohio · Sep 27, 2024

Plaintiff has not established an exception to the hearsay rule to permit the Court’s consideration of this evidence. … The TSSA generally outlines the state mandates for telephone solicitors and establishes that violations of certain TSSA provisions qualify as an “unfair or deceptive act or practice” under the CSPA, including of sections

Tolliver v. Noble

District Court, S.D. Ohio · Mar 22, 2022

In establishing a causal connection, Plaintiff bears the initial burden “of establishing that his protected conduct was a motivating factor behind any harm[.]” Thaddeus-X, 175 F.3d at 399. … This conclusion is correct; it is not clearly erroneous.

Buckeye Forest Council v. United States Forest Service

378 F. Supp. 2d 835 · District Court, S.D. Ohio · Jul 20, 2005

The NEPA establishes a “national policy [to] encourage productive and enjoyable harmony between man and his environment,” and was intended to reduce or eliminate environmental damage and to promote “the understanding of the … Federal regulations allow an agency to prepare an Environmental Assessment (“EA”), a more limited document than an EIS, if the agency’s proposed action does not qualify for a categorical exclusion or does not clearly require

Morris v. Bethard

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

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.

Johns v. CR Bard

District Court, S.D. Ohio · Aug 1, 2021

Beatrice is qualified to offer his opinion. Defendants argue that Dr. … Beatrice points to regulations establishing that design inputs, or what features a device is intended to have, must be validated, or tested. (Id. at ¶ 54.)

Milanesi v. C.R. Bard, Inc.

District Court, S.D. Ohio · Aug 16, 2021

Beatrice is qualified to offer his opinion. Defendants argue that Dr. … Beatrice points to regulations establishing that design inputs, or what features a device is intended to have, must be validated, or tested. (Id. at ¶ 54.)

Tunstall v. Warden, Madison Correctional Institution

District Court, S.D. Ohio · Jul 17, 2025

Even assuming that Tunstall’s perfunctory argument qualifies as anything more than a general objection, “[a] claim regarding jury instructional error will not warrant federal habeas corpus relief unless the error ‘so infected … Tunstall ultimately has not pointed to any clearly established federal law that was violated by the alleged instructional error, and “[a] trial court's decision about whether to provide a jury instruction is not the kind

Shehan v. United States Department of Justice

District Court, S.D. Ohio · Dec 29, 2020

Here, the complaint apparently attempts to establish subject-matter jurisdiction under 28 U.S.C. §§ 1331 and 1346. … Examples of the former class are claims against which it is clear that the defendants are immune from suit . . .

Lucas v. Moore

District Court, S.D. Ohio · Sep 12, 2019

Each party bears the burden of establishing that no genuine issue of material fact exists and that it is entitled to judgment as a matter of law. … Indeed, the record clearly establishes that Plaintiff's personal information was included in the motor vehicle record contained within Moore’s discovery response.

Goettelman v. Commissioner of Social Security

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

Legal Framework for Disability Determinations To qualify for disability benefits, a claimant must suffer from a medically determinable physical or mental impairment that can be expected to result … Boschuetz’s opinion very clearly demonstrates that Dr. Boschuetz opines “the onset date of the foregoing limitations is approximately > 1 year.”).

Johns v. CR Bard

District Court, S.D. Ohio · Aug 1, 2021

Beatrice is qualified to offer his opinion. Defendants argue that Dr. … Beatrice points to regulations establishing that design inputs, or what features a device is intended to have, must be validated, or tested. (Id. at ¶ 54.)

Larr

District Court, S.D. Ohio · Dec 5, 2025

evidence sustains the issue which is to be established before them. … In order to be granted relief, a plaintiff must establish that the defendant deprived him of a right secured by the U.S.

NetJets Large Aircraft, Inc. v. United States

80 F. Supp. 3d 743 · District Court, S.D. Ohio · Jan 26, 2015

Though the 1992 TAM recognized that program participants paid an hourly rate (that is “adjusted to reflect fluctuations-in fuel costs”) and a monthly management fee, it never expressly identified what fees qualify as an “ … “When the company use[d] its own aircraft ..., amounts paid for the service rendered [were] clearly subject to the tax.”