Case law

Doe v. Best Western International, Inc.

District Court, S.D. Ohio · Aug 12, 2024

The allegations regarding Plaintiff’s experience alone are sufficient to establish at least constructive notice. … Indeed, Plaintiff does not list her allegations that Defendants are jointly and severally liable for her damages under her clearly labeled section, “CAUSES OF ACTION.” (See ECF No. 11 at 42).

Jackson v. Commissioner of Social Security

District Court, S.D. Ohio · Dec 6, 2024

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 … The determination or decision must contain specific reasons for the weight given to the individual’s symptoms, be consistent with and supported by the evidence, and be clearly articulated so the individual

In Re Nat. Century Fin. Enterpr., Inc., Inv. Lit.

323 F. Supp. 2d 861 · District Court, S.D. Ohio · Jun 10, 2004

Morgan Chase's statements that they consulted with certain defendants and received no objection to removal do not qualify as consent to removal. See Hicks v. … Judicial economy will be best served by this Court exercising the jurisdiction that clearly exists under *886 § 1334(b).

Beckemeyer v. Gelco Corporation

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

Accordingly, “for an injured third party to qualify as an intended third-party beneficiary under a written contract, the contract must indicate an intention to benefit that third party.” Id. at 8. … testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness's perception; (b) helpful to clearly

Cadence Bank v. Hurl

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

To determine the amount of qualifying inventory, Heritage was required to provide “Borrowing Base Certificate[s]” (hereinafter, the “Certificates”) to Plaintiff at regular intervals. … However, such allegations were not made in the Complaint, and it is well established that a party may not supplement its Complaint through briefing. See, e.g., Bates v. Green Farms Condo.

Conrad v. Commissioner of Social Security

District Court, S.D. Ohio · Sep 4, 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 in death … Nevertheless, when reviewing the decision as a whole, the Court concludes the ALJ clearly considered plaintiff’s extensive work history and earnings.

Dayton Area Chamber of Commerce v. Becerra

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

A plaintiff can establish standing by showing a personal legal interest that the defendant has allegedly invaded. … Hagel, 759 F.3d 588, 599 (6th Cir. 2014) (arguing that “sovereign immunity bars the [court] from granting [plaintiffs] damages”)).

Nealy v. Shelly & Sands, Inc.

District Court, S.D. Ohio · Jul 28, 2020

“If those allegations establish standing, jurisdiction exists (subject, of course, to later challenge if the allegations prove false).” Solis v. Emery Fed. Credit Union, No. 1:19-cv-387, 2020 U.S. Dist. … “The weight of authority clearly supports dismissal of the case when all of the issues raised in the district court must be submitted to arbitration.” Green v.

Hall v. Commissioner of Social Security

District Court, S.D. Ohio · Mar 24, 2023

. § 404.1521 (medically determinable impairments must be established by objective medical evidence from an acceptable medical source, symptoms alone insufficient); SSR 16-3p (symptoms alone are insufficient to establish … 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.

Christopher A Mitchell v. Michael Weinig, Inc.

District Court, S.D. Ohio · Sep 29, 2020

of encountering the hazard are not clearly identified, and instructions for avoiding the hazard are not clear, specific, or detailed.” … , the consequences of encountering the hazard are not clearly identified, and instructions for avoiding the hazard are not clear, specific, or detailed.”

Mundt v. Jenkins

District Court, S.D. Ohio · Jun 18, 2020

Lehrer is no more qualified to opine on the scan results than Dr. Gur, and that they still intended to have Dr. Gur testify in addition to Dr. Lehrer. (PC Tr., ECF No. 8-17, PageID 13430.) … established Supreme Court precedent or an unreasonable determination of the facts on the basis of the evidence presented. 28 U.S.C. 2254(d)(1) and (2).”)

Baier v. Community Home Health Care, Inc.

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

Feb. 24, 2015) (“If an employee does not need to take steps clearly in furtherance of a potential or actual qui tam action to engage in protected activity, the employee, even if charged with investigating potential fraud … Accepting all factual allegations as true and drawing all reasonable inferences in favor of Plaintiff, the Court finds that this action qualifies as protected activity. See Ashcroft v. Iqbal, 556 U.S. 662, 663 (2009).

Milanesi v. C.R. Bard, Inc.

District Court, S.D. Ohio · Dec 13, 2021

Such clearly relates to permanent medical implants of the sort at issue. … This is clearly probative of Defendants’ contention that Bard had notice of the risks of using polypropylene in the Ventralex before the device was implanted in Mr.

Martin v. Commissioner of Social Security

District Court, S.D. Ohio · Mar 12, 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. … “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.

Given v. Central Ohio Gaming Ventures, LLC

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

It is well established that constant oversight by a supervisor decreases the managerial functions of an employee. Speedway, 506 F.3d at 507. … Given’s feelings on the matter illustrate her perceived lack of authority to discipline, she stated: “I have clearly shown that I am willing to discipline the auditors when it is required, but I cannot because my hands

Powell v. The Bartlett Medical Clinic and Wellness Center

District Court, S.D. Ohio · Jan 25, 2021

alleged condition, in the form of appointed counsel, to enable him full access to the courts,2 even assuming that the ADA provides for such accommodation in the form of appointed counsel in this civil case, and that he qualifies … Despite Plaintiff’s explanations throughout the record of the difficulties presented by his alleged condition, Plaintiff has managed his litigation of this case quite effectively, asserting his requests for relief clearly

Pettus v. Warden, Franklin Medical Center

District Court, S.D. Ohio · Sep 27, 2023

granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim—resulted in a decision that was contrary to, or involved an unreasonable application of, clearly … established Federal law, as determined by the Supreme Court of the United States[.]” 28 U.S.C. § 2254(d)(1).

Stark v. Mars, Inc.

879 F. Supp. 2d 752 · District Court, S.D. Ohio · Jul 17, 2012

Laguerre further explained that B.C.’s benefit for the single life annuity with ten-year certain was less than half as much as the benefit for a single-life annuity with five-year certain because B.C. would not have qualified … The Gillette Co., 524 F.3d 24, 32 (1st Cir.2008) (rejecting claim of reasonable reliance on erroneous pension estimates where online estimator had a prominent disclaimer, and every estimate given to plaintiff was clearly

SGI, Inc. v. Sheakley HR Acquisition, LLC

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

incorporate or use the “annual” or “year-end” terms but merely refers to claim development “as determined by the WC Consultant” (i.e., more akin to the 6.13(b) definition than the § 6.13(e) definition, especially when the established … The Majority determined that “Sheakley’s right to potentially seek a price reduction if it qualified for one by following clearly prescribed steps and submitting proof and a calculation.

Honey Crest Acres, LLC v. Rice Drilling D, LLC

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

Bremner’s arguable waiver, the information sought clearly falls within Rule 26’s broad view. While Plaintiff complains that Rice does not establish any responsive documents exist or that Mr. … Even so, communications about Plaintiff’s oil and gas operations, drilling, and leases clearly would be of a business nature.