Case law
Opinions from 1658 to today.
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Mitchell v. City Of Cincinnati
District Court, S.D. Ohio · Nov 14, 2021
"A preliminary injunction is an extraordinary remedy which should be granted only if the movant carries [its] burden of proving that the circumstances clearly demand it." Overstreet v. … The vital public interest here deserves a thoughtful and thorough approach to ensure that CPD [ ] promotes all qualified candidates fairly and constitutionally." Kohler, 2021 WL 1558334, at *5.
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Dec 10, 2025
To establish a prima facie case of employment discrimination, a plaintiff must demonstrate that: (1) he is a member of a protected class; (2) he was qualified for his job; (3) he suffered an adverse employment decision … Co., 647 F.2d 441, 448 (4th Cir. 1981) (holding that § 2000e-3(a) “was not intended to immunize insubordinate, disruptive, or nonproductive behavior at work....
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Jun 12, 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. … Despite Plaintiff’s arguments to the contrary, it is well established that pro se and in propria persona are materially synonymous in this context. See Beatty v. Caruso, 64 F.
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Feb 26, 2024
Zenith Radio, 475 U.S. 574, 587 (1986); Little Caesar Enters., Inc. v. 2 In his reply brief, defendant argues that plaintiff cannot establish a First Amendment retaliation claim. (Doc. 42 at PAGEID 271-72). … action pursuant to 42 U.S.C. § 1983, which prohibits any person “under color of any statute, ordinance, regulation, custom, or usage, of any State” from depriving a United States citizen “of any rights, privileges or immunities
Cited 0 timesUnknownKidder v. Commissioner of Social Security
District Court, S.D. Ohio · Sep 1, 2020
Because the record shows that Kidder alleges a disability onset date of March 12, 2014 (Doc. 7-2 at #73), however, the onset date in the R&R is clearly a typographical error. 2 Although the ALJ wrote in the Decision that … The regulations establish a five-step “sequential evaluation” process: First, the claimant must demonstrate that [s]he has not engaged in substantial gainful activity during the period of disability.
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Mar 3, 2026
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 … Once the claimant establishes a prima facie case by showing an inability to perform the relevant previous employment, the burden shifts to the Commissioner to show that the claimant can perform other substantial gainful
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Oct 23, 2025
A court should not make a ruling in limine unless the moving party meets its burden of showing that the evidence in question is clearly inadmissible. /ndiana Ins. Co., 326 F. Supp.2d at 846; Koch, 2 F. … Defendant provides two theories to support his claim that Hartke cannot testify as an expert: (1) Hartke failed to establish that he is sufficiently qualified to testify as an expert and (2) Hartke failed
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Aug 17, 2022
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 … Accordingly, to state a claim for denial of access to courts, a plaintiff must: (1) clearly state the underlying claim; and (2) include supporting facts that describe “official acts frustrating the litigation” to show actual
Cited 0 timesUnknownLucas v. United Parcel Service, Inc.
District Court, S.D. Ohio · Jan 30, 2020
In order to establish a prima facie claim of racial discrimination under Title Vil, Lucas must show that he: 1) is a member of a protected class; 2) was qualified for the job; 3) suffered an adverse employment decision … A court should not make a ruling /n /imine unless the moving party meets its burden of showing that the evidence in question is clearly inadmissible. /nd/ana Ins. Co., 326 F. Supp.2d at 846; Koch, 2 F.
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Feb 12, 2020
Class counsel are qualified, experienced, and capable of conducting the litigation. … In short, all counsel are fully qualified to represent the interests of their clients in this case.
Cited 0 timesUnknownPlanned Parenthood Southwest Ohio Region v. Yost
375 F. Supp. 3d 848 · District Court, S.D. Ohio · Apr 18, 2019
Large Fraction The standard for establishing undue burden in the specific context of facial challenges to abortion statutes "has been a subject of some question." … This consideration counsels in favor of looking to how clearly the court has "already articulated the background constitutional rules at issue and how easily we can articulate the remedy." Id.
Cited 4 timesPublishedKeen v. Commissioner of Social Security
District Court, S.D. Ohio · Dec 12, 2023
Legal Framework for Disability Determinations To qualify for SSI, a claimant must suffer from a medically determinable physical or mental impairment that can be expected to result in death or that … It is well-established that an agency’s action must be upheld, if at all, on the basis articulated by the agency itself.”) (quoting Motor Vehicle Mfrs. Ass’n v. State Farm Mut. Auto. Ins.
Cited 0 timesUnknownGarner v. Department of Defense
District Court, S.D. Ohio · Jan 14, 2020
And despite there being openings for which she was qualified, Defendant did not select to transfer Plaintiff. (/d.). … “It is well-established that ‘Rule 12(c) requires only one action by the district court for the conversion to a summary judgment motion to occur: failure to exclude presented evidence.’” Northville Downs v.
Cited 0 timesUnknown101 F. Supp. 2d 866 · District Court, S.D. Ohio · Aug 4, 1999
The special procedures in Chapter 154 provide a system of expedited review to states that qualify under the opt-in procedures set forth in Title 28 U.S.C. § 2261 (1996). … First, Rone did not clearly establish a procedure for raising a claim of ineffective assistance of appellate counsel.
Vacated in part, on other grounds by Jerome Henderson, Petitioner-Appellee/cross-Appellant v. Terry L. Collins, Warden, Respondent-Appellant/cross-Appellee, 262 F.3d 615 (2001)Cited 11 timesPublishedJackson v. Warden, Chillicothe Correctional Institution
District Court, S.D. Ohio · Feb 2, 2021
not have been discovered previously through the exercise of due diligence; and (ii) the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish … Having determined that the Brady and Napue claims clearly dictate transfer, the Court reads Stansell as requiring entire petition to be transferred. IV.
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Dec 12, 2025
Conversely, as Class Counsel notes, the Defendants have “claims of immunity … [that] could delay or defeat recovery by the class.” (Doc. 84, #542). … If those claims of immunity were successful, the class could recover nothing. At the very least, “further litigation … [could] prolong[] the uncertainty.” (Id.).
Cited 0 timesUnknownMeyer v. Bank of America, N.A.
District Court, S.D. Ohio · Mar 9, 2021
It is undisputed that each of the Properties experienced a Qualifying Sale before that date. … Clearly a deed in Lieu is a ‘sale.
Cited 0 timesUnknownKehoe Component Sales Inc. v. Best Lighting Products, Inc.
933 F. Supp. 2d 974 · District Court, S.D. Ohio · Mar 20, 2013
The deposition testimony, however, does not clearly establish when such production occurred. Kehoe also testified that such use occurred with Best’s permission. … Although their briefing on these issues is concise, the Pace companies clearly maintain that neither the undercutting of prices nor the establishment of a business violate the Supply Agreement. .
Cited 18 timesPublishedFitch v. American Electric Power System Comprehensive Medical Plan
District Court, S.D. Ohio · Dec 2, 2021
The Administrator’s message additionally stated that, because the proceeds of this partial settlement did not constitute assets of the Fitch Estate, they were immune from the Plan’s reimbursement claim. … The defendant who removes the case “bear[s] the burden of establishing federal subject matter jurisdiction.” Bloomfield, 100 F.3d at 453-54.
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Oct 22, 2024
to recommend dismissal of Plaintiff’s Amended 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 … Mustard’s correspondence, sufficiently establishes the required causal connection. See Maben v. Thelen, 887 F.3d 252, 268 (6th Cir. 2018).
Cited 0 timesUnknown
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