Case law

Wheat

District Court, S.D. Ohio · May 19, 2026

Federal Rule of Evidence 702 permits certain witnesses with specialized knowledge to testify as experts at trial: A witness who is qualified … Nov. 4, 1993) (finding speculation or conjecture on a plaintiff’s part to be insufficient at summary judgment where the plaintiff “clearly stated she did not know what caused her to fall but merely ‘assumed’ she slipped

Libertarian Party of Ohio v. Wilhem

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

Defendants now cite additional case law and raise new arguments in an effort to distinguish Adams and to establish that rational basis review is the appropriate standard to apply. … Thus, the Libertarian Party has the same opportunity to qualify for appointments to the Elections Commission as any other political party.

Foster v. Ohio D.R.C.

District Court, S.D. Ohio · Sep 30, 2025

the court shall dismiss” their complaint or any portion of it that: “(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune … At the pleading stage, to qualify for an exception to this general bar on prisoners proceeding in forma pauperis with three strikes, a prisoner movant must “only . . . assert allegations of imminent danger; he need not

Brashear v. Pacira Pharmaeuticals, Inc.

District Court, S.D. Ohio · Apr 25, 2023

Therefore, the Court dismisses her claim, but does so without prejudice to allow her to identify a qualifying misrepresentation if she can. D. … Pacira, the only Defendant so far served, seeks dismissal of this claim by arguing it manufactures Exparel, making it immune from supplier liability. (Doc. 5, #56).

Richter Concrete Corp. v. Hilltop Basic Resources, Inc.

547 F. Supp. 893 · District Court, S.D. Ohio · Apr 7, 1981

Although it remained the dominant producer of ready-mix concrete during this period, Hilltop was not immune to the effects of this competition. … Plaintiff has unquestionably established the first two elements.

Fenstermaker v. Warden Southeastern Correctional Inst.

District Court, S.D. Ohio · Mar 3, 2025

“[A] plea does not qualify as intelligent unless a criminal defendant first receives ‘real notice of the true nature of the charge against him, the first and most universally recognized requirement of due process.’” … To establish ineffective assistance, a defendant must show both deficient performance and prejudice. Berghuis v. Thompkins, 560 U.S. 370, 389 (2010).

Spring v. Commissioner of Social Security

District Court, S.D. Ohio · Oct 17, 2022

But neither the Listings nor the Sixth Circuit require the ALJ to “discuss listings that the applicant clearly does not meet” or to “address every listing.” 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.

Drerup v. NetJets Aviation, Inc.

District Court, S.D. Ohio · May 2, 2022

To establish a prima facie case of discrimination, a plaintiff must show (1) she was a member of a protected class, (2) she was qualified for her position, (3) she suffered an adverse employment action, and (4) she was … The job of airline flight officer is clearly such a job. Boyd v. Ozark Air Lines, Inc., 568 F.2d 50, 54 (8th Cir. 1977) (citing Spurlock v.

Poneris v. Commissioner of Social Security

District Court, S.D. Ohio · Feb 17, 2023

SSR 19-4p states specifically that “[w]e will not establish secondary headaches (for example, headaches attributed to trauma or injury to the head ...) as [medically determinable impairments] because secondary headaches are … points out that she listed it on her initial application and that it is documented both in her testimony and in the medical records, and that if the ALJ had accepted this evidence, limiting her to sedentary work, she would qualify

Vinsant v. WNB Group LLC

District Court, S.D. Ohio · Jul 29, 2024

The first step of this framework requires Plaintiff to establish a prima facie case of discrimination: “(1) she is a member of a protected class; (2) she was subject to an adverse-employment action; (3) she was qualified … Moreover, Defendants’ response to Plaintiff’s First Set of Interrogatories clearly identify Helton and Holly Wallis as people who were performing “job duties previously performed by Plaintiff from September 1, 2019 to the

Howard v. Commissioner of Social Security

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

Carroll at most somewhat persuasive are clearly articulated and supported by substantial evidence. … In short, the ALJ clearly satisfied the articulation requirements and was not required to discuss any other factor. See 20 C.F.R.

Novus Group, LLC v. Prudential Financial Inc.

District Court, S.D. Ohio · Aug 1, 2022

Id. at ¶¶ 45-61; (Pl.’s Ex. 19, ECF No. 110-27); (Pl.’s Ex. 25, ECF No. 110-33.) 3 That is, the rider could be used to modify “qualified . . . and non-qualified annuity contracts.” … To prevail in that endeavor, the non-movant must clearly identify “with enough specificity” the parts of the record that enable the court to “readily identify the facts upon which the non-moving party relies.”

Gallagher v. Commissioner of Social Security

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

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 … Spieles’ limitations “clearly relate[] back” to the date last insured is not supported by the record evidence because Dr.

Bennink

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

But Bennink’s role at Cincinnati Bell wasn’t clearly defined. (See Doc. 12, #297). … In that capacity, he (among other things) designed, implemented, and maintained IT solutions and services; executed “highly complex projects”; created budgets; established relationships with clients, stakeholders, and IT

Brady v. Davita, Inc.

District Court, S.D. Ohio · Jun 7, 2022

To establish a prima facie case of employment discrimination, a plaintiff must demonstrate that: (1) he is a member of a protected class; (2) he was qualified for his job; (3) he suffered an adverse employment decision … On February 7, Cline clearly communicated to Plaintiff that she had been advised by TM Relations that she should not terminate Plaintiff and instead should give her only a verbal warning.

Szeinbach v. Ohio State University

987 F. Supp. 2d 732 · District Court, S.D. Ohio · Dec 13, 2013

It is clearly an issue between two tenured faculty who refuse to resolve their conflicts and would rather “throw bombs” at each other. (Id. at 21.) … Plaintiff also argues that OSU’s handling of reports of Brueggemeier’s research misconduct establishes pretext.

Wintle v. Commissioner of Social Security

District Court, S.D. Ohio · Mar 18, 2024

The Court disagrees, finding either that no error existed based on Plaintiff’s failure to satisfy her initial burden to show medical necessity, or alternatively, because any error was clearly harmless on the record presented … Ohio March 22, 2023) (collecting cases, holding that a claimant’s testimony does not qualify as medical documentation establishing the need for an assistive device); see also Drew v.

Hagerdorn v. Commissioner of Social Security

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

The ALJ was clearly aware of this conflict (see Tr. 412) but did not resolve it. This was error. Cf. Daniel H. v. Kijakazi, No. 3:21-cv-693, 2022 WL 4229926, at *1, 5 (W.D. Ky. … VE Finch later qualified this testimony, stating that it was “based on [plaintiff’s] description, what [plaintiff did]” as opposed to as generally performed. (Tr. 460).

Thompson v. Keith Foley, Warden, Grafton Correctional Institution

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

established precedent of the United States Supreme Court. 28 U.S.C. § 2254(d)(1); Harrington v. … There are other text strings that would establish what—when he was working and what he was doing for the job. There's another text that may establish that they were having financial problems.

Spinner v. Commissioner of Social Security

District Court, S.D. Ohio · Oct 2, 2023

Legal Framework for Disability Determinations To qualify for SSI, a claimant must suffer from a medically determinable physical or mental impairment that can be expected to result in death or that has … Rather, the ALJ needed to explain why he determined that Betz was limited to superficial contact as he defined it, and it is sufficient that the record not be clearly contrary to that definition.