Case law

Hill v. City Of Cincinnati

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

To set forth a prima facie case of race discrimination using circumstantial evidence, a plaintiff must establish “that he was (1) a member of a protected class, (2) subject to an adverse employment action, (3) qualified … Starting with the prima facie case, Defendants do not dispute that Officer Hill is a member of a protected class and that he is qualified for his position.

In Re Huntington Bancshares Inc. Securities Litigation

674 F. Supp. 2d 951 · District Court, S.D. Ohio · Dec 4, 2009

The district court found the Sears executives would know information surrounding this area “clearly critical to Sears’ ‘core operations.’ ” 291 F.Supp.2d at 727 . … Similarly, the auditors for Huntington have not retracted nor qualified any audit opinions. See, e.g., In re 2007 Novastar Financial, Inc., Sec. Litig., No. 07-0139-CV, 2008 WL 2354367 , at *3 (W.D.Mo.

Camelin v. Warden, Southeastern Correctional Institution

District Court, S.D. Ohio · May 6, 2022

Thus, even without his case file, Petitioner “clearly knew what took place at [the trial court] and what his grounds for relief were.” Hall, 662 F.3d at 751. … True, as Case No. 2:21-cv-4070 Page 6 of 13 the R&R explained, the “COVID-19 pandemic may qualify as an extraordinary circumstance justifying equitable tolling of the statute

Pettus v. Warden, Franklin Medical Center

District Court, S.D. Ohio · Aug 2, 2021

This clearly meets the federal habeas standard of a decision on the merits. … Because Petitioner has not shown that Judge Metz’s rejection of his equal protection preliminary hearing claim is contrary to or an objectively unreasonable application of clearly established Supreme Court precedent, it

Microstar Logistics LLC v. Cavalier Distributing Company, Inc.

District Court, S.D. Ohio · Mar 14, 2025

“specific and measurable claim, capable of being proved false or of being reasonably interpreted as a statement of objective fact,” and can be proved through “empirical verification,” then it qualifies … A temporary restraining order “is in the public interest whenever a [party] has established a reasonable likelihood of establishing that the [opposing party] has engaged in false advertising in violation of the Lanham Act

Cluck v. Brentlinger Enterprises

District Court, S.D. Ohio · Feb 28, 2024

I believe Respondent has discriminated against me due to my race and national origin, has sexually harassed me, and has retaliated against me for reporting such conduct because: (1) I was qualified … Aug. 6, 2012) (dismissing because it was “clearly established” that the bankruptcy trustee was the real party in interest for the plaintiff’s pre-bankruptcy claims, the determination of the proper party was not difficult

Holley v. BBS/Mendoza, LLC d/b/a McDonald's

District Court, S.D. Ohio · Apr 14, 2025

A motion for a new trial may be granted if a court determines that the verdict is clearly against the weight of the evidence. Denhof v. City of Grand Rapids, 494 F.3d 534, 543 (6th Cir. 2007) (citing J.C. … To invoke the protection of the FMLA, an employee must provide notice and a qualifying reason for requesting the leave.

Wright v. Terrill

District Court, S.D. Ohio · Jun 13, 2025

The Federal Credit Union Act (the Act) established NCUA, which is an independent agency within the executive branch of government. 12 U.S.C. § 1752a(a). … In any event, NCUA’s assertion of sovereign immunity would qualify as a federal defense.

A.C. v. Red Roof Inns Inc

District Court, S.D. Ohio · Sep 8, 2020

The burden of establishing good cause for a protective order rests with the movant. Nix v. Sword, 11 F. App’x 498, 500 (6th Cir. 2001) (citing General Dynamics Corp. v. Selb Mfg. … To establish good cause, the movant must articulate “specific facts” showing the risk of a “clearly defined and serious injury.” Id.

McNeal v. Blue Ash, City of

District Court, S.D. Ohio · Feb 23, 2023

he was qualified for the position, and (4) circumstances that raise a plausible inference of discrimination. … establish the third.

Sowell v. Collins

557 F. Supp. 2d 843 · District Court, S.D. Ohio · Mar 31, 2008

Smith concluded that petitioner’s scores “clearly indicated that his use of drugs and alcohol was problematic.” (Id.) Dr. … Petitioner clearly cannot satisfy this “actual innocence” exception to secure review of the constitutional claims set forth in his fourth argument.

Meriwether v. Hartop

District Court, S.D. Ohio · Sep 5, 2019

While a University can lawfully establish an anti-discrimination policy, it cannot establish a policy which has “the effect of prohibiting certain speech because it disagreed with ideas or messages sought to be conveyed … App’x at 412-13) (when applied to qualifying offensive speech, the “reasonable person standard” provides “an objective standard against which the ordinance can be enforced.”).

Fitters v. Secretary, Department of Veteran Affairs

District Court, S.D. Ohio · Mar 9, 2023

It is also undisputed that Plaintiff was qualified for her position. (Doc. 30 at 7). … As such, Defendant has clearly put forward a legitimate, non-discriminatory reason for Plaintiff's termination.

Kirkland v. Environmental Landscape, LLC

District Court, S.D. Ohio · Feb 12, 2025

Kirkland admitted at her deposition that her statements about the photoshopped pictures and the 7 The elements necessary to establish a qualified privilege are “good faith, an interest to be upheld, a statement limited … The phrases “legitimate business” and “padded [h]is fraudulent accounts” are not clearly defined, and they could have different meaning to different people.

Local 295/Local 851 IBT Employer Group Pension Trust & Welfare Fund v. Fifth Third Bancorp.

731 F. Supp. 2d 689 · District Court, S.D. Ohio · Aug 10, 2010

There clearly is loss causation for this alleged omission because the topic of the press release was Fifth Third’s need to bolster its capital position. … To qualify as “strong” within the intendment of § 21D(b)(2), we hold, an inference of scienter must be more than *718 merely plausible or reasonable-it must be cogent and at least as compelling as any opposing inference of

Total Quality Logistics, LLC v. Traffic Tech, Inc.

District Court, S.D. Ohio · Dec 8, 2021

In its motion, TQL asserts that the “information possessed by Dugger certainly qualifies as a trade secret” and “the information is not readily available in the marketplace.” (Doc. 4 at PageID# 155). … As such, the damages qualifie as “irreparable.” Basicomputer, 973 F.2d at 512 (6th Cir. 1992).

Eltzroth v. Commissioner of Social Security

District Court, S.D. Ohio · Dec 14, 2021

Plaintiff asserts that “[t]he consultative examiner clearly opined that Ms. … 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.

Hutchins v. Commissioner of Social Security

District Court, S.D. Ohio · Aug 29, 2019

Some days she can see clearly; other days her vision is blurry and images of people become blob-like. Id. at 75. … error—or “directly opposite,” as Plaintiff says, to Ruling 16-3p—is seen in an example this Ruling provides: [I]f an individual has a medically determinable impairment established

Reed v. Warden, Allen Oakwood Correctional Institution

District Court, S.D. Ohio · Jul 13, 2020

Motions under Rule 59(e) must establish either a manifest error of law or must present newly discovered evidence. Id. … (“Reed IV”) The Magistrate Judge also found it was not the type of evidence of actual innocence that qualified to overcome a limitations defense under McQuiggin. Id.

Berry v. Meintel

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

Despite the trial court and government’s assurances to the CI that he would enjoy immunity, he continued to invoke his Fifth Amendment rights and was arrested for contempt of court. (ECF No. 10 at 1059-70). … Petitioner has not established that a fundamental miscarriage of justice has occurred.