Case law
Opinions from 1658 to today.
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District Court, S.D. Ohio · Sep 23, 2022
complaint “as soon as practicable” and to dismiss it, or any portion of it, that “is frivolous or malicious; fails to state a claim on which relief may be granted; or seeks monetary relief against a defendant who is immune … Under well-established Sixth Circuit precedent, a prisoner has a First Amendment right to file non- frivolous grievances against prison officials on his own behalf. Herron v.
Cited 0 timesUnknownHoller v. Hartford Life & Accident Insurance
737 F. Supp. 2d 883 · District Court, S.D. Ohio · Aug 27, 2010
Hutchins clearly indicated did not include any consideration of other conditions or illnesses from which plaintiff suffers. … Plaintiffs eligibility for attorneys’ fees, however, does not establish her entitlement to them.
Cited 10 timesPublishedDistrict Court, S.D. Ohio · Oct 4, 2021
Third, they argue that Plaintiffs have failed to allege any facts plausibly establishing an “actual breach of the cited contractual provisions.” (Id. at #77). … “Thus, [t]he elements for negligent misrepresentation clearly require (1) a defendant who is in the business of supplying information; and (2) a plaintiff who sought guidance with respect to his business transactions
Cited 0 timesUnknownIn Re: Ohio Execution Protocol Litigation
District Court, S.D. Ohio · Oct 24, 2019
a person deeply sedated by a 500 milligram dose of midazolam is still ‘sure or very likely’ to experience an unconstitutionally high level of pain, Henness has not met his burden on this prong, and the district court clearly … The district court therefore clearly erred in concluding to the contrary.” Henness, 937 F.3d at 762, citing Bucklew, 139 S.Ct. at 1124.
Cited 0 timesUnknownWright v. General Engine Products, LLC
District Court, S.D. Ohio · May 18, 2020
App’x 487, 493 (6th Cir. 2014) (“The district court held that Crowder’s complaint ‘f[ell] short of her burden to establish a prima facie case for her retaliation claims.’ … Haynes clearly does not qualify as an employee at will. As a member of a union, the terms of her employment relationship were governed by a collective bargaining agreement.
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Jan 13, 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.
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Oct 7, 2019
“An employee’s decision to report discriminatory behavior cannot immunize that employee from those petty slights or minor annoyances that often take place at work and that all employees experience.” … Irving has not established any facts that establish an adverse employment action committed by Defendant Carl Metzger. Ms. Irving’s allegations against Dr.
Cited 0 timesUnknownWeeks v. United States Fire Insurance Company
District Court, S.D. Ohio · May 25, 2022
Thus, the Court reports, and relies on, those allegations here, but with the disclaimer that these facts are not yet established—and may never be. … Moreover, because Ohio law clearly states that there is no bad faith if denial of coverage is appropriate, the Court also dismisses Weeks’ claim for breach of good faith. Cleveland Freightliner, Inc. v.
Cited 0 timesUnknownBrandt v. Commissioner of Social Security
District Court, S.D. Ohio · Jun 26, 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.
Cited 0 timesUnknownCincom Systems, Inc. v. LABWARE, INC.
District Court, S.D. Ohio · Aug 22, 2024
“Unless a party proves that the evidence is clearly inadmissible—a demanding requirement —‘evidentiary rulings should be deferred until trial so that questions of foundation, relevancy and potential prejudice may be … “To succeed on a copyright-infringement claim, a plaintiff must establish ‘(1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original.’” ECIMOS, LLC v.
Cited 0 timesUnknownCenter for Powell Crossing, LLC v. City of Powell
173 F. Supp. 3d 639 · District Court, S.D. Ohio · Mar 25, 2016
See also Eastlake, 426 U.S. at 676 , 96 S.Ct. 2358 (holding that a property owner must show that the zoning restriction is “ ‘clearly arbitrary and unreasonable, having no substantial relation to' the public health, safety … Though the implementation of change through..popular referendum does not “immunize it” from constitutional limitations, Hunter v.
Cited 14 timesPublishedGabrenya v. Commissioner of Social Security
District Court, S.D. Ohio · Feb 7, 2024
Yet it is the claimant's burden to establish his RFC. … Certain earnings as a government employee do not count toward disability insured status, but “may constitute Medicare qualified government employment,” or MQGE. 20 C.F.R. § 404.1018b(a).
Cited 0 timesUnknownHouse v. Commissioner of Social Security
District Court, S.D. Ohio · Mar 3, 2022
Based on these findings, the ALJ concluded that Plaintiff was not under a benefits-qualifying disability. Id. … Clark’s opinion unpersuasive is clearly articulated and supported by substantial evidence.
Cited 0 timesUnknownCohen v. Allegiance Administrators, LLC
District Court, S.D. Ohio · Apr 15, 2022
Plaintiffs argue that this is enough; that it is well-settled law that a NYGBL §§ 349 and 350 claim can be established where defendants market insurance they do not intend to provide. Doc. 76 at 9-10. … requirement has two prongs: “1) the representative must have common interests with the unnamed members of the class, and 2) it must appear that the representatives will vigorously prosecute the interests of the class through qualified
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Feb 12, 2024
More specifically, Combs has not established that (1) she has measured the size of the standard tile used for the store’s floor (let alone established what that standard tile is), (2) she would have any awareness of the … Clearly, the relative sizes of the gap, on one hand, and the sole depth, on the other, matter greatly to the depicted accident mechanism.
Cited 0 timesUnknownHealthcare Facility Management LLC v. Malabanan
District Court, S.D. Ohio · Mar 20, 2024
At the pleading stage, however, Malabanan is not required to “establish” anything. … (Doc. 17 PAGEID 484–85 (“The Letter Contract clearly specifies that Malabanan would be paid an hourly wage for his work.
Cited 0 timesUnknown895 F. Supp. 917 · District Court, S.D. Ohio · Aug 9, 1995
The issue of plaintiffs right to assert a claim of tortious interference with an expectancy was clearly raised by the plaintiffs in the proceedings upon reconsideration and was decided by the court. … The record does not reflect that the decision of the probate court has been overturned, and the decision appears to be an order affecting a substantial right in a special proceeding so as to qualify as a final judgment under
Cited 18 timesPublishedSmoot Construction of Washington, D.C. v. The Smoot Corporation
District Court, S.D. Ohio · Jul 11, 2022
As an initial matter, Defendant did not clearly link each type of relief Reply a deceptive trade practices claim. /d. A party normally waives an argument by bringing it for the first time in a reply brief. Cole v. … Both parties agree that construction services shall be jointly marketed under the name “Smoot Construction” or equivalent so as to present a common and comprehensive list of qualified services
Cited 0 timesUnknownRust v. Commissioner of Social Security
District Court, S.D. Ohio · May 19, 2022
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 … In the event that [plaintiff] works with his present disablements, it is apparent that he will require taking at least one day off after every three days of work, which will clearly occur multiple times per 7
Cited 0 timesUnknownOglesby v. FedEx Ground Package System, Inc.
District Court, S.D. Ohio · Aug 11, 2021
Nothing in ERISA, however, requires employers to establish employee benefit plans or to provide any particular benefits. Shaw v. Delta Air Lines, Inc., 463 U.S. 85, 91, 103 S.Ct. 2890 (1983); Bauer v. … Dec. 4, 2006) (“Defendants clearly preserved their right under ERISA to exclude from eligibility individuals classified as independent contractors, even those who might otherwise qualify as common law employees”), aff'd
Cited 0 timesUnknown
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