Case law

Dunlap v. Paskett

District Court, S.D. Ohio · Aug 16, 2022

Case No. 1:99-cv-559 Page 7 of 22 qualified any reliance on those proceedings: because of the different aggravating circumstances and mitigating factors at issue. … As noted above, the Court clearly said that “future dangerousness’” was not an aggravating circumstance that could be stacked on the death-side of the scale, ECF No. 185, at PAGE ### 9637-38.

Feaster v. Chambers-Smith

District Court, S.D. Ohio · Dec 19, 2022

immune from suit or when plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327. … “Failing to follow proper procedures is insufficient to establish an infringement of a liberty interest.” Grinter v. Knight, 532 F.3d 567, 574, 576 (citing Olim v.

Barnette v. City Of Cincinnati

District Court, S.D. Ohio · Nov 29, 2021

Defendants do not dispute that Officer Barnette was qualified for his position as a police officer, so the Court turns then to the fourth prong. … “To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.” Bd. of Regents of State Colls. v.

Kohler v. City Of Cincinnati

District Court, S.D. Ohio · Apr 21, 2021

ANALYSIS “A preliminary injunction is an extraordinary remedy which should be granted only if the movant carries his or her burden of proving that the circumstances clearly … The vital public interest here deserves a thoughtful and thorough approach to ensure that CPD hires and promotes all qualified candidates fairly and constitutionally.

Devin J. v. Commissioner of Social Security

District Court, S.D. Ohio · Jul 6, 2026

Prior to the established disability onset date, [plaintiff] was a younger individual age 18-49 and an individual closely approaching advanced age. … These findings clearly derive from Plaintiff’s self-reports, not the least because mental status examinations conducted by Dr.

Ohio A. Phillip Randolph Inst. v. Husted

350 F. Supp. 3d 662 · District Court, S.D. Ohio · Oct 10, 2018

This "inactive" individual has all the rights of an otherwise qualified elector, including the ability to cast a regular ballot at any election. ( Id. ). … However, Plaintiffs clearly pled the second cause of action, as set forth in its entirety above.

GMS Mine Repair & Maintenance Inc. v. Drivetrain LLC

District Court, S.D. Ohio · Mar 27, 2023

Six of those—only one of which was a West Virginia case—cited Wetzel as establishing that a corporation is a “person” qualified to file a notice of lien,6 and none of those held that “work of an individual character” was … These two sentences establish that a corporation is treated as a “person” under West Virginia ‘s mechanic’s lien laws.

Plan Administrator v. Anderson Excavating, LLC

District Court, S.D. Ohio · Mar 27, 2023

Six of those—only one of which was a West Virginia case—cited Wetzel as establishing that a corporation is a “person” qualified to file a notice of lien,6 and none of those held that “work of an individual character” was … These two sentences establish that a corporation is treated as a “person” under West Virginia ‘s mechanic’s lien laws.

In re National Century Financial Enterprises, Inc., Investment Litigation

846 F. Supp. 2d 828 · District Court, S.D. Ohio · Mar 2, 2012

See Earthboard Sports, 481 F.3d at 920 (that the defendant also fell victim to a fraudulent scheme “does not render him immune to liability”); Florida State Bd. of Admin. v. Green Tree Fin. … Without the letter, the court is unable to determine whether Lange's statement qualifies as a recorded recollection. See U.S. v.

Still v. Commissioner of Social Security

District Court, S.D. Ohio · Mar 20, 2020

is a medical judgment the ALJ was not qualified to make. … The ALJ was not qualified to reject Dr.

In Re: Ohio Execution Protocol Litigation

District Court, S.D. Ohio · Oct 1, 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 … Long established precedent is not overruled in dicta. . . .

Hyperlogistics Group, Inc. v. Kraton Polymers U.S. LLC

437 F. Supp. 2d 735 · District Court, S.D. Ohio · Jul 11, 2006

Plaintiff contends that Defendant’s three separate e-mail communications between April 2004 and June 2004 do not qualify as notices under the Agreement because they were not sent by regular mail in accordance with Article … In this case, the Court finds that Article 14 does not state clearly that all notices must be sent by regular mail.

Yarger v. Commissioner of Social Security

District Court, S.D. Ohio · Sep 28, 2021

Pursuant to the Ruling, “FM [fibromyalgia] is an MDI when it is established by appropriate medical evidence.” Id. … Plaintiff alleges that her weight of 188 pounds and height of 5 feet, 6 inches classifies her as “moderately obese,” and it is “clearly reasonable to conclude that obesity will negatively impact [her] arthritic condition

Wright v. Stagnaro Distributing, LLC

District Court, S.D. Ohio · Nov 18, 2021

He explained: Inconvenience aside, however, Berkley clearly understood from John Lammers that Wright was entitled to take (up to) two FMLA days per month. … To establish a prima facie case of workers’ compensation retaliation, a plaintiff must establish that: (1) he engaged in protected activity by filing a claim; (2) his employer took adverse employment action against him

Deshayes

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

To carry her initial burden of establishing a prima facie case, Deshayes must show (1) she was a member of a protected class; (2) she suffered an adverse employment action; (3) she was qualified for the position … Thus, the reference in the next sentence to “so many issues” clearly refers to Deshayes’ documented disciplinary citations listed immediately prior.

Perry

District Court, S.D. Ohio · Jan 23, 2026

The record does not clearly disclose the entirety of Perry’s remarks. But it appears that 3 In his deposition, Perry admits to some, but not all, of this conduct. … To establish a prima facie case of race discrimination under Title VII, a plaintiff must show that “(1) he is a member of a protected class, (2) he was qualified for the job and performed it satisfactorily, (3) despite

Burks v. McAllister

District Court, S.D. Ohio · Nov 22, 2024

An action has no arguable legal basis when the defendant is immune from suit or when the plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327. … Mar. 8, 2018) (“Simply referring to . . . statutes [or constitutional principles] without some factual predicate establishing the State Defendants’ liability under the same will not suffice.”) (citing cases).

Dailey

District Court, S.D. Ohio · Aug 18, 2026

compensation disparity “make[s] the [Public Defender’s Office] less competitive in the search for and hiring of qualified, competent attorneys and staff, leaving the [Public Defender’s Office] understaffed and overworked … Sixth Amendment Claim and Article III Standing Plaintiffs further claim the alleged lack of pay and funding parity violates their existing clients’ Sixth Amendment right to the adequate assistance of counsel established

Fleming v. Commissioner of Social Security

District Court, S.D. Ohio · Jan 31, 2022

For the purposes of Listing 1.02A, Plaintiff has not established an inability to ambulate effectively as defined in § 1.00B2b. … Listing § 12.04 establishes the criteria for depressive, bipolar, and related disorders while Listing § 12.06 establishes the criteria for anxiety and obsessive-compulsive disorders. See 20 C.F.R. Pt. 404, Subpt.

Bowers v. Commissioner of Social Security

District Court, S.D. Ohio · Nov 20, 2023

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.