Case law

Palmore v. Commissioner of Social Security

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

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 … It is well-established that for claims filed prior to March 27, 2017, the findings and opinions of treating physicians are entitled to substantial weight.

CAMPBELL v. ANTHONY-THOMAS CANDY COMPANY

District Court, S.D. Ohio · Feb 11, 2022

As Zanetos reviewed the video, he “could clearly see that Ricky said something to Glenn as Glenn was clocking in,” and Hazlett appeared to have ignored Ricky’s comment. (Zanetos Dep. at 73). … To establish a prima facie case of race discrimination under Title VII, 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 his

Gronbeck

District Court, S.D. Ohio · Jun 22, 2026

moving party is nevertheless clearly entitled to judgment as a matter of law.” Hindel v. Husted, 875 F.3d 344, 346 (6th Cir. 2017) (internal quotation marks omitted). … Rather, the conclusions reached with this Order rely upon established Ohio law that this Court is more than capable of applying.

Scott v. Fairbanks Capital Corp.

284 F. Supp. 2d 880 · District Court, S.D. Ohio · Aug 20, 2003

Fairbanks has clearly argued that, under the terms of the agreement, Plaintiff has waived her claims based on these charges. … However, it argues that such a statement is insufficient to establish duress under Ohio law.

Robberts v. Commissioner of Social Security

District Court, S.D. Ohio · Aug 26, 2019

Kaufman was not qualified as a vocational expert. Secondly, the undersigned finds the attorney’s posed argument is unfounded as Ms. … Kaufman has experienced [sic] as a qualified rehabilitation provider for the Bureau of Worker’s Compensation and was a certified rehabilitation counselor for the Department of Labor (Exhibit B11E

Lawson v. Commissioner of Social Security

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

…Clearly, 12 basic needs and engage in hobbies and self-care tasks. … Arguing that this Court should reverse for further additional review by a qualified medical expert, Plaintiff points to x-rays of her cervical spine dated November 12, 2018 that no physician translated “into functional

Delta Pegasus Management v. NetJets Sales

District Court, S.D. Ohio · Sep 28, 2022

District Court for the Southern District of Ohio (if the action is brought in federal court).”93 Thus, even though the restitution claim arises in equity, and the exploitation claim is a statutory cause of action, both qualify … In any event, the court finds severance is “neither clearly warranted nor clearly disallowed” on these facts.156 Moving to the fourth step, severance would almost certainly result in concurrent

Delta Pegasus Management v. NetJets Sales

District Court, S.D. Ohio · Sep 28, 2022

District Court for the Southern District of Ohio (if the action is brought in federal court).”93 Thus, even though the restitution claim arises in equity, and the exploitation claim is a statutory cause of action, both qualify … In any event, the court finds severance is “neither clearly warranted nor clearly disallowed” on these facts.156 Moving to the fourth step, severance would almost certainly result in concurrent

Smith v. Dollar Tree Stores, Inc.

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

Rule 702 provides that: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise … Peterman to do so consistent with established standards that are generally accepted within her field of expertise. See Mallory, 902 F.3d at 592–93.

SASC, LLC v. School Supply Connection, Inc., <i>et al.</i>

District Court, S.D. Ohio · Aug 15, 2024

their plain and ordinary meaning unless a manifest absurdity results or unless some other meaning is clearly intended from the 1 Defendant states: “Interpretation of the contract provisions at this stage is … The Noerr-Pennington Doctrine provides immunity from liability for claims based on a party’s efforts to petition governmental agencies for official action. VIBO Corp., Inc. v.

Slipher v. Washington Prime Group, Inc.

District Court, S.D. Ohio · Mar 27, 2024

United States, 577 U.S. 347, 351 (2016) (discussing the issue of applying a qualifier to words or phrases which are in immediate contact with the qualifier, versus applying a qualifier to words or phrases which are more … And I think it demonstrates the fact that our banking partners believe there’s clearly a path forward for us.

Bolling v. Warden, London Correctional Institution

District Court, S.D. Ohio · Sep 24, 2020

Bolling was prejudiced because the jury relied on unauthenticated evidence that has since been refuted by a qualified expert. … [*P24] The record establishes that Bolling received the audiotape from the State prior to trial.

Blankenship v. Commissioner of Social Security

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

The treatment notes from the November 2020 office visit are clearly “new” because they were generated after the administrative hearing and the issuance of the ALJ’s decision. … For the same reasons, Plaintiff clearly had good cause for his failure to present that evidence to the ALJ.

Alliedsignal, Inc. v. Amcast International Corp.

177 F. Supp. 2d 713 · District Court, S.D. Ohio · Jan 12, 2001

In order to establish such liability, a plaintiff must establish the following elements by the preponderance of the evidence, to wit: 45 1) that the defendant is within one of the four categories of potentially responsible … The RI/FS and the study of the NAPS layer qualify as removal actions, which are defined to include “such actions as may be necessary to monitor, assess, and evaluate the release or threat of release of hazardous substances

Teschner v. Commissioner of Social Security

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

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. … In this case, the evidence fails to establish the presence of the “paragraph C” criteria.

Posey v. Secretary of Treasury

District Court, S.D. Ohio · Mar 2, 2020

According to Vaughan, after plaintiff clearly told her that plaintiff did not “think that she was in the right position as a leader in the organization,” Vaughan offered “to reassign her to a GS-7 Tax Examiner” position … no wanted to be realigned’ to another position in which she qualified.” (Id.).

Sweeting

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

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. … Though some of this Order will be duplicative of the Court’s prior screening Order (see generally ECF No. 14), the Court nevertheless proceeds accordingly for the sake of addressing all claims clearly.

Giroux v. LaRose

District Court, S.D. Ohio · Jun 14, 2022

According to Defendants, whatever this Court may rule, Plaintiff Giroux cannot qualify for inclusion on the primary ballot for an Ohio House race. … That said, Defendants concede that a candidate can qualify for a new race if she “timely withdraws” from the previous race. (Id. at #467).

Steelman v. Warden, London Correctional Institution

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

They were clearly improper. … So the relevant question is not whether the state court’s decision was wrong, but whether it was an unreasonable application of clearly established federal law.”). Bowling v.

Glaze v. Morgan

District Court, S.D. Ohio · Jul 23, 2025

“An action has no arguable legal basis when the . . . plaintiff claims a violation of a legal interest which clearly does not exist. … ““It is well-established that the presence of some unsanitary conditions in a cell (including fecal matter) does not establish an Eighth Amendment claim, except in circumstances where the volume of matter and duration of