Case law

United States v. Lockheed Martin Corp.

14 F. Supp. 3d 982 · District Court, S.D. Ohio · Mar 25, 2014

Similarly, the Fourth Circuit dismissed a count alleging that the defendant misrepresented that it would offer a training contract on firm-fixed-fee basis because the statement “was clearly not material to the DOE’s funding … Not every employment decision qualifies as an actionable adverse employment action.

Foust v. Commissioner of Social Security

District Court, S.D. Ohio · Jul 31, 2020

Kennington’s opinion is that she wanted the ALJ to weigh the medical opinions differently, “which is clearly not a basis for . . . setting aside the ALJ’s factual findings.” Mullins v. … “It is well established that an ALJ may pose hypothetical questions to a vocational expert and is required to incorporate only those limitations accepted as credible by the finder of fact.” Casey v.

Waters v. Drake

222 F. Supp. 3d 582 · District Court, S.D. Ohio · Aug 12, 2016

adverse employment action; (3) was qualified for the position; and (4) that “a comparable non-protected person was treated better.” … Ohio State makes two arguments as to why Waters cannot establish a prima facie case.

Niekamp v. Ohio Board of Embalmers & Funeral Directors

District Court, S.D. Ohio · Sep 3, 2019

Moreover, the State of Ohio has not waived its Eleventh Amendment immunity in federal court. Mixon v. State of Ohio, 193 F.3d 389, 397 (6th Cir. 1999). … Where, as here, Plaintiff lacks direct evidence of discriminatory intent, she must establish a prima facie case of discrimination by establishing that: (1) she was a member of a protected class; (2) she was qualified for

United States of America v. University of Cincinnati Medical Center, LLC

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

(Jd., Exh. 4). 11 be enough to qualify as a program with experience and could we then qualify as an experienced program? … Moreover, to hold otherwise would “effectively authorize [defendants] to violate [NCDs] but immunize [their] violations only because the terms of the [NCDs] are not included in a regulation or statute.” Cf U.S. v.

In Re: Ohio Execution Protocol Litigation

District Court, S.D. Ohio · Nov 23, 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.”

Horter Investment Management, LLC v. Cutter

257 F. Supp. 3d 892 · District Court, S.D. Ohio · Jun 16, 2017

They fail to qualify the purpose for which Cutter and his associated entities are prohibited from soliciting/recruiting Horter contractors/advisors and ELITE advisors. … I think in general the one email earlier stated it pretty clearly. In any organizations, if the Number 1 and 2 people leave, people are going to talk, so we knew there would be chatter. (M, Woods Dec. Ex.

Turnbow-Avery v. Postmaster General

District Court, S.D. Ohio · Jul 22, 2025

Under that framework, the plaintiff bears the initial burden of establishing a prima facie case of discrimination. … To establish a prima facie case of race, sex, or color discrimination under Title VII, plaintiff must show that: (1) she is a member of a protected class; (2) she suffered an adverse employment action; (3) she was qualified

El-Bey v. Sylvester

District Court, S.D. Ohio · Jan 6, 2023

However, Defendants now persuasively argue that they are entitled to dismissal of any unlawful arrest claims because a bench warrant issued on January 28, 2021 establishes probable cause for Plaintiff’s arrest. … a presiding judge for failure to appear are “clearly valid and based on probable cause.” United States v. Evans, 574 F.2d 352, 355 (6th Cir. 1978).

In Re: Ohio Execution Protocol Litigation

District Court, S.D. Ohio · Oct 5, 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.”

Hobart Corporation v. The Dayton Power and Light Company

District Court, S.D. Ohio · Sep 23, 2019

Exner’s Declarations were both filed beyond the established deadlines. … It is clearly established that expert witness testimony concerning the credibility of a fact witness is improper. Greenwell v.

Guerrero-Sanchez v. Warden, Pickaway Correctional Institution

District Court, S.D. Ohio · Oct 16, 2019

In addition to failing to show the state courts’ factual determination was unreasonable, Petitioner has also failed to show it was an unreasonable application of clearly established Supreme Court precedent, particularly … At that point he was placed formally under arrest and handcuffed and thus clearly was in custody.

Kelley

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

To prove his equal protection claim through indirect evidence under the McDonnell Douglas burden-shifting framework, Plaintiff must demonstrate that: “(1) he was a member of a protected class; (2) he was qualified for favorable … clearly show[s] Kelley . . . being removed from the last bunk in (D-Row), the bed being turned sideways (never removed nor relocated), re-occupied by a caucasian inmate, and Kelley relocated to a bed in the middle of (C-Row

Dipasquale v. Hawkins

District Court, S.D. Ohio · Sep 12, 2019

Thereafter, Defendant Hawkins appealed the denial of qualified immunity on the malicious prosecution claim to the United States Court of Appeals for the Sixth Circuit. DiPasquale, 748 F. … “To prevail on a § 1983 claim, a plaintiff must establish that a person acting under color of state law deprived the plaintiff of a right secured by the Constitution or laws of the United States.” Green v.

George v. Commissioner of Social Security

District Court, S.D. Ohio · Jul 27, 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 death … Nor does the current record adequately establish plaintiff’s entitlement to continued benefits. Faucher v. Sec’y of H.H.S., 17 F.3d 171, 176 (6th Cir. 1994).

Adams

District Court, S.D. Ohio · Nov 19, 2025

The privilege “provides absolute immunity to parties, witnesses, lawyers, and judges from future lawsuits for statements made during and relevant to judicial proceedings.” Reister v. … Detrimental reliance/promissory estoppel “In order to establish a claim for promissory estoppel, a party must establish the following elements: ‘(1) a clear and unambiguous promise was made;

Holmes v. United States of America

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

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. Neitzke, 490 U.S. at 327. … Plaintiff bears the burden of establishing equitable tolling applies to her claims. Jackson v. United States, 751 F.3d 712, 718-19 (6th Cir. 2014).

Swartz v. Warden, London Correctional Institution

District Court, S.D. Ohio · Jan 31, 2023

established precedent of the United States Supreme Court. 28 U.S.C. § 2254(d)(1); Harrington v. … Thus, the fact that Swartz qualified for appointed counsel is insufficient to demonstrate a reasonable probability that the trial court would have deemed Swartz, who was only 36 at the time of sentencing

White Family Companies, Inc. v. Dayton Title Agency, Inc.

284 B.R. 238 · District Court, S.D. Ohio · Sep 27, 2002

The uncontroverted evidence established that, on October 19, 1999, Chari deposited a check for $5,000,000.00 into DTA’s trust account at NCB. … That judicial officer also recognized that the uncontroverted evidence established that DTABT had been established at the behest of DTA’s insurance underwriters to ensure that the money deposited in DTA’s trust accounts would

Seattle House LLC v. City of Delaware, Ohio

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

A motion for judgment on the pleadings may be granted only if the moving party is clearly entitled to judgment. Source Assocs. v. Valero Energy Corp., 273 F. … Section 1983 protects persons from the deprivation, under color of law, of “any rights, privileges, or immunities secured by the Constitution and laws . . . .” It being a federal statute, it is referring to the U.S.