Case law

Waters v. Pizza to You, L.L.C.

District Court, S.D. Ohio · Jan 22, 2021

Likewise, Plaintiff’s counsel is qualified to handle this matter. … Predominance is established where “resolution of some of the legal or factual questions that qualify each class member’s case as a genuine controversy can be achieved through generalized proof, and if these

Waters v. Drake

105 F. Supp. 3d 780 · District Court, S.D. Ohio · Apr 24, 2015

purposes of a motion for judgment on the pleadings, all well-pleaded material allegations of the pleadings of the opposing party must be taken as true, and the motion may be granted only if the moving party is nevertheless clearly … who discriminates against the majority; (2) he suffered an adverse employment action; (3) he was qualified for the position; and (4) that his employer treated differently employees who were similarly situated but not members

Mason v. Warden Noble Correctional Institution

District Court, S.D. Ohio · Jul 14, 2020

Accordingly, “a writ of habeas corpus should be denied unless the state court decision was contrary to, or involved an unreasonable application of, clearly established federal law as determined by the Supreme Court, or … § 2913.31(A)(2), as noted by the state appellate court, even had Petitioner been able to establish that the affidavits of indigency he falsely signed did not qualify as “affidavits” under Ohio law, this would not have

Troy Stacy Enterprises Inc. v. The Cincinnati Insurance Company

District Court, S.D. Ohio · Sep 24, 2021

Since the property continued to operate, despite contamination and temporary shutdowns, the structure clearly continued to function. … These facts do not establish any kind of destruction or deprivation of possession and, accordingly, fall outside the scope of “direct physical loss.”

Western & Southern Life Insurance v. JPMorgan Chase Bank, N.A.

54 F. Supp. 3d 888 · District Court, S.D. Ohio · Oct 16, 2014

Defendants appear to concede that the predicate acts alleged could qualify as “corrupt activity” for purposes of Ohio Revised Code § 2923.31(1). … The Sixth Circuit in Village of Oakwood explained the FIRREA statute as follows: Section 1821(d) clearly establishes a process for the administrative review of “any claim against a depository institution for which the Corporation

Dials v. Commissioner of Social Security

District Court, S.D. Ohio · May 4, 2023

The claimant established care at Genesis Rheumatology Center on April 23, 2020 (Exhibit B11F). … She reported that she was given medication at that time but had stopped taking it as she did not like that it decreased her immune system.

Whitfield v. Commissioner of Social Security

District Court, S.D. Ohio · Sep 11, 2019

It may be used to establish an earlier application date than the date the Social Security Administration actually received the claimant’s signed application. … At step three, the ALJ concluded that Plaintiff’s impairments did not automatically qualify her for benefits. Id. at 662-64.

Disability Rights Ohio v. Buckeye Ranch, Inc.

375 F. Supp. 3d 873 · District Court, S.D. Ohio · Mar 26, 2019

In the Sixth Circuit, an "injunction will seldom be disturbed unless the district court relied upon clearly erroneous findings of fact, improperly applied the governing law, or used an erroneous legal standard." Id. … The Court notes that Congress enacted numerous qualification provisions for P & A systems so that the important decisions, such as probable cause to trigger an investigation, are made by qualified agencies.

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.”

McAfee v. Transunion, LLC.

District Court, S.D. Ohio · Dec 31, 2024

Plaintiff argues the Dispute Agents qualify as defendant’s “managing agents” under Rule 30(b)(6). … R. 5 In the Rule 34 context, “[t]he requesting party bears the burden of establishing the relationship between the producing party and the party having possession of the documents that demonstrates the ability to control

Pizarro Martinez v. Commissioner of Social Security

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

App’x 458, 462-63 (6th Cir. 2007) (finding that 30,000 jobs in the national economy qualifies as significant); Taskila v. Comm’r of Soc. … As such, the Commissioner asserts that VE was clearly aware of Plaintiff’s inability to communicate in English. See Vance v. Comm’r of Soc. Sec., No. 3:11-cv-172 , 2012 WL 1931863, at *11 (S.D.

Bushner v. Kerner

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

In response, Plaintiff submits Kerner and Berry yelled profanities at Plaintiff, told him they did not believe him, and notified him that the Sexual Assault Incident did not qualify as an act of sexual abuse or harassment … establish protected conduct, an adverse action, and a connection between the two.

Behnke v. Anheuser-Busch Commercial Strategy, LLC

District Court, S.D. Ohio · May 25, 2022

Behnke’s alleged adverse actions do not qualify under either of the doctrine’s exceptions. Begin with the first exception—an ongoing series of discriminatory acts. Nat’l R.R. Passenger Corp. v. … Instead, it establishes only that this case involves an isolated incident of an employee, in her situation, facing retaliation.

Davis v. Commissioner of Social Security

District Court, S.D. Ohio · May 27, 2022

But neither the listings nor the Sixth Circuit require the ALJ to “address every listing” or “to discuss listings that the applicant clearly does not meet.” Sheeks v. Comm’r of Soc. Sec., 544 F. … An impairment that manifests only some of the criteria, no matter how severely, does not qualify.”) and Reynolds v. Comm’r of Soc. Sec., 424 F.

Bracken v. DASCO Home Medical Equipment, Inc.

954 F. Supp. 2d 686 · District Court, S.D. Ohio · Jun 27, 2013

Bracken’s claims clearly do not challenge the confidentiality or noncompetition issues. … To make out a prima facie case of employment discrimination through indirect evidence under Title I of the ADA, a plaintiff must show that (1) he is disabled; (2) he is otherwise qualified for the position, with or without

Shy v. Navistar Int'l Corp

District Court, S.D. Ohio · Jun 13, 2022

“Thus, ‘[i]n most situations, unless the settlement is clearly inadequate, its acceptance and approval are preferable to lengthy and expensive litigation with uncertain results.’” Id. (quoting 4 Herbert B. … There are substantial risks involved in establishing liability and damages in aspects of the settled disputes.

Bishop

District Court, S.D. Ohio · Jul 31, 2026

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. … Accordingly, in drafting a complaint, a plaintiff must: (1) clearly state the underlying claim; and (2) include supporting facts that describe “official acts frustrating the litigation” to show actual injury.

Albert Fadem Trust v. American Electric Power Co.

334 F. Supp. 2d 985 · District Court, S.D. Ohio · Sep 10, 2004

While the Court qualified that, “[w]e find this list, while not exhaustive, at least helpful in guiding securities fraud pleading,” clearly a plaintiff seeking to survive a motion to dismiss should draw upon these factors … We attempt to manage our exposure through enforcement of established risk limits and risk management procedures.

Rothgeb v. Astrue

626 F. Supp. 2d 797 · District Court, S.D. Ohio · May 6, 2009

There is no convincing picture of disability established, as his visits to the VA are so irregular. (Tr. 183). Dr. … The ALJ clearly relied on isolated notations from Plaintiffs treatment records as grounds for determining that “the evidence does not support the finding of treating psychologist Dr.

Reeves v. Commissioner of Social Security

District Court, S.D. Ohio · Jul 5, 2022

Based on these findings, the ALJ concluded that Plaintiff has not been under a benefits-qualifying disability since July 15, 2016. Id. at 79. … Hence, ALJ Adkins carefully considered the totality of the evidence, applied the proper standards, and clearly explained his consistency/credibility findings.