Case law

Green v. Mason

District Court, S.D. Ohio · Nov 30, 2020

A qualified privilege based on a “common interest” often arises in the context of an employment setting. … Characterizations like “ill-conceived” lack the essential true/false dichotomy needed to establish a claim for defamation.

Stromberger v. Tampico Beverages Inc.

District Court, S.D. Ohio · Dec 13, 2021

However, Tampico argues that he cannot establish the remaining two. (See Doc. 36 PAGEID 300–02). … Applying Grosjean, because his work was “redistributed” to “existing employees” Thompson and Davis, Stromberger was clearly not replaced. 13 (Doc. 40 PAGEID 839 (6:6–12)).

Cavalier Distributing Company, Inc. v. Lime Ventures, Inc.

District Court, S.D. Ohio · Mar 7, 2023

Rather, such relief “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. Cnty. … unilateral ability to control product distribution matters in deciding who is a manufacturer for purposes of Ohio’s alcoholic beverage franchise law, then Shelton Brothers (and now Lime), not the Breweries, appears to qualify

Shields v. Commissioner of Social Security

District Court, S.D. Ohio · Feb 28, 2023

Here, the Court cannot conclude that the record establishes Plaintiff’s entitlement to benefits. … Although the ALJ failed to properly consider evidence of headaches and the date of onset of Plaintiff’s diagnosed migraines, the record does not clearly establish that Plaintiff is entitled to benefits on that basis for

In Re Shannon

100 B.R. 913 · District Court, S.D. Ohio · May 18, 1989

The Land Bank contends that if it were to issue a new loan to the Shannons, they would qualify at best for a 12.5% interest rate. … Doud, 869 F.2d 1144 (8th Cir.1989), does not clearly support any of the three definitions of “market rate.”

Bovee v. Coopers & Lybrand

216 F.R.D. 596 · District Court, S.D. Ohio · Jul 30, 2003

The Supreme Court in Lampf held, “Because the purpose of the 3-year limitation is clearly to serve as a cutoff, we hold that tolling principles do not apply to that period.” … While the named plaintiffs might not be as well-informed or involved as some, they have vigorously prosecuted the interests of the class through qualified counsel and will likely continue to do so.

Wood v. Reynolds

District Court, S.D. Ohio · Jan 24, 2023

The Court must dismiss the Complaint, or any portion of it, that is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief … However, “even if a factual dispute exists about the objective reasonableness of the officer’s actions, a court should grant the officer qualified immunity if, viewing the facts favorably to the plaintiff, an officer reasonably

Women's Medical Professional Corp. v. Taft

162 F. Supp. 2d 929 · District Court, S.D. Ohio · Sep 20, 2001

That division here involves highly qualified knowledgeable experts on both sides of the issue. … In light of this Court’s conclusion that the Plaintiffs cannot establish a justiciable case or controversy with respect to HB 351's civil liability provision, it need not consider the issue of Eleventh Amendment immunity,

Wolff v. Moore

104 F. Supp. 2d 892 · District Court, S.D. Ohio · Jul 7, 2000

150 percent of the judgment, the excess shall be paid by the defendant. (3)No award of attorney’s fees in an action described in paragraph (1) shall be based on an hourly rate greater than 150 percent of the hourly rate established … “But this purpose smacks of a desire to harm prisoners, a politically unpopular group, which is clearly not. a legitimate governmental interest. Cleburne, 473 U.S. at 447 , 105 S.Ct. 3249 ; Weinberger v.

Ardent Technologies Inc. v. Advent Svcs LLC

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

Whereas the new participants afford their mentor firm “prime” access to 8(a) Program contracts that they no longer qualify for otherwise. 13 C.F.R. § 125.9. … For one, the evidence before the Court does not clearly establish whether Defendants or Plaintiffs made first contact in this case.

Green v. CommuteAir

District Court, S.D. Ohio · Dec 17, 2024

proceeding in forma pauperis, the Court must dismiss the complaint, or any portion of it, that is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune … To establish such a claim of discrimination, Plaintiff must demonstrate “(1) that he is a member of a protected class; (2) that he suffered an adverse employment action; (3) that he was qualified for the position; and (

Solly v. Hoying

District Court, S.D. Ohio · Jun 18, 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. … Comm’rs, 788 F.3d 580, 586 (6th Cir. 2015) (discussing when a governmental action violates the Establishment Clause).

Stanley v. Historic Newark Basket, LLC

District Court, S.D. Ohio · May 23, 2024

To prevail on a motion in limine, the movant must show that the evidence is clearly inadmissible. Id. … Accordingly, the presence of mold is established as undisputed fact.

United States v. Scherer

District Court, S.D. Ohio · May 12, 2020

The Southwest Appraisal Company’s report states that the “value of the subject facility” is $4,123,4000, without any qualifying references. … Such tactics do not establish cause to modify the automatic stay. Doc. 75-19.

Munyan Beekman v. Commissioner of Social Security

District Court, S.D. Ohio · May 2, 2023

The ALJ “need not discuss listings that the [claimant] clearly does not meet, especially when the claimant does not raise the listing before the ALJ.” Sheeks v. Comm’r of Soc. Sec., 544 F. … “If, however, the record ‘raise[s] a substantial question as to whether [the claimant] could qualify as disabled’ under a listing, the ALJ should discuss that listing.” Id. (quoting Abbott v.

Bolling v. Warden, London Correctional Institution

District Court, S.D. Ohio · Oct 19, 2020

Bolling was prejudiced because the jury relied on unauthenticated evidence that has since been refuted by a qualified expert. … [*P24] The record establishes that Bolling received the audiotape from the State prior to trial.

Campbell v. Chambers Smith

District Court, S.D. Ohio · Sep 3, 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.

Millsaps

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

Further, while Defendants did not assert qualified immunity in their motion, Cox also briefly argues why relying on that defense would be inappropriate at this stage. Ud. at #29-30). … To meet that burden, a plaintiff needs “to show that his pleadings and affidavits, if accepted as true, would establish that venue was proper.” Id. at 621 (citing Theunissen v.

Coal Resources, Inc. v. Gulf & Western Industries, Inc.

645 F. Supp. 1028 · District Court, S.D. Ohio · Jul 15, 1986

The Court also awarded prejudgment interest on that sum at the rate established in Ohio Rev.Code § 1343.03. … This Court determined that both Barker and Owens were qualified to express their opinions based upon the fact that their knowledge of the subject is such that it would assist the jury in arriving at the truth.

Burlington Insurance v. PMI America, Inc.

862 F. Supp. 2d 719 · District Court, S.D. Ohio · Mar 23, 2012

Liberty contends that “PMI clearly knew in August 2005 that there was a problem with the kiln and -that its work *736 was responsible for that problem. Yet, PMI did not give notice until three years later. … This is particularly true when considering provisions that purport to limit or qualify coverage under the policy.”).