Case law

Dates v. HBSC

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

“To satisfy this burden, [Plaintiffs] must establish [their] case by clear and convincing evidence.” Id. … Borrowers have due process rights to present any defenses they have to foreclosure or eviction in the foreclosure action itself, or even perhaps to file for bankruptcy protection, if they qualify, to stop those proceedings

International Petroleum Products and Additives Company, Inc. v. PXL Chemicals BV

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

Napoleoni’s actions qualify as “transacting business,” also suffices to demonstrate that he has “purposefully availed” himself of conducting business in the forum state. … Plitt, are insufficient to establish purposeful availment. (See ECF No. 22 at 12–13). While Defendant’s recitation of R.I.A.

Forsman v. Silverstein

District Court, S.D. Ohio · Jan 17, 2025

The ERC program offered refundable payroll tax credits for qualified wages paid to employees in 2020 and 2021. (Unalan Dep., 40:10-22, 79:1- 14.) Ms. … Forsman has satisfied the first legal element, she has not established the second element.

Moore v. Integra LifeSciences Corporation

District Court, S.D. Ohio · Jan 27, 2021

For these reasons, and because Integra has not cited any authority that clearly establishes that Ohio Rev. … Moore did not allege an Intentional Tort cause of action in his complaint and therefore, plaintiff’s argument that the Ohio Workers’ Compensation Act “is immune from suits clear, unambiguous, and unquestionably seeks damages

Raines v. Warden Noble Correctional Institution

District Court, S.D. Ohio · Sep 24, 2025

The United States Supreme Court explained that it has “long held that a plea does not qualify as intelligent unless a criminal defendant first receives ‘real notice of the true nature of the charge against [the defendant … established precedent of the United States Supreme Court. 28 U.S.C. § 2254(d)(1); Harrington v.

Whitaker v. Commissioner of Social Security

District Court, S.D. Ohio · Jul 18, 2022

Plaintiff argues that “ALJs are ‘not qualified to translate raw medical data, such as MRIs, into functional capacity determinations.’” (Doc. 16 at PAGEID 2222) (quoting Jones v. Comm’r of Soc. … 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

Johnson v. Manns

District Court, S.D. Ohio · May 23, 2024

[Plaintiff’s] pleadings are devoid of factual allegations that establish federal subject-matter jurisdiction, and [he] admitted that he already unsuccessfully litigated the same claim in state court.”).3 … A Magistrate Judge of this Court 6 This footnote said: Some other cases filed by Plaintiff do not appear to qualify as strikes at this time.

Carmen v. Health Carousel, LLC

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

In the company’s view, the Rule demands that Plaintiffs identify an exact case match that put Health Carousel on notice—almost akin to the “clearly established” principle from qualified immunity. … True, Plaintiffs may (or may not) need expert testimony to establish exactly what that is, depending on the nature of the proof otherwise available.

Riley v. Commissioner of Social Security

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

He had adequate energy, spoke clearly, and exhibited clear and logical thought processes. Dr. McKinney found no mental content abnormalities. … Plaintiff, however, has failed to establish reversible error with respect to the ALJ’s discussion of non-compliance with treatment.

Barnett

District Court, S.D. Ohio · Jan 20, 2026

Finally, as a rule, preliminary injunctive relief “is an extraordinary remedy involving the exercise of a very far-reaching power, which is to be applied only in the limited circumstances which clearly demand it.” … (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity

Sempirek v. State Farm Mutual Automobile Insurance Company

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

It was established (and not disputed here) that Veronica was at fault. See Compl., ¶¶ 3, 4 (conceding Veronica’s negligence). … State Farm has established that it undertook a thorough and fair review of plaintiff’s claim for UM coverage.

Edwards v. City of Cincinnati

District Court, S.D. Ohio · Jan 10, 2023

Under the McDonnell Douglas indirect evidence method of proof, a prima facie case of discrimination requires proof that the plaintiff: (1) is a member of a protected class; (2) was qualified for his job; (3) suffered an … An employee’s subjective beliefs are not sufficient to meet the burden of establishing a constructive discharge. Henry v. Abbott Labs., 651 F. App’x 494, 508 (6th Cir. 2016).

Omar v. Blinken

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

On February 15, 2023, Plaintiffs were notified that they were documentarily qualified. Doc. #1, PagelD #17. On May 11, 2023, Seif was interviewed by the Consular Section of the U.S. … Having established the ability to engage in judicial review of the issue at question, the Court now moves to consider the merits of the claims. B.

Berry v. Commissioner of Social Security

District Court, S.D. Ohio · May 14, 2020

The Hayes test establishes a floor but not a ceiling. … As the Court explained in Ringel, The fact that counsel was guilty of no misconduct does not immunize her fee from windfall reduction.

Jones v. Attorney General for the State of Ohio

District Court, S.D. Ohio · Feb 13, 2024

Decisions by lower courts are relevant “to the extent [they] already reviewed and interpreted the relevant Supreme Court case law to determine whether a legal principle or right had been clearly established by the Supreme … The writ may issue only if the application of clearly established federal law is objectively unreasonable “in light of the holdings, as opposed to the dicta, of the Supreme Court’s decisions as of the time of the relevant

Herman v. Ohio University

District Court, S.D. Ohio · Nov 22, 2019

To be actionable under Title IX, the University’s response to the harassment must be clearly unreasonable in light of the known circumstances. Davis, 526 U.S. at 648. … Herman can utilize direct or indirect evidence to establish her retaliation count.

Parrett v. Bank One, N.A.

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).

Moran v. Commissioner of Social Security

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

Still’s opinion qualify as good reasons to afford that opinion little weight. … It is well established that an ALJ is not required to “discuss every piece of evidence in the record to substantiate [her] decision.” Conner v. Comm’r of Soc. Sec., 658 F.

Wheeler v. Commissioner of Social Security

District Court, S.D. Ohio · Aug 12, 2022

. §§ 405(g) and 1383(c)(3) for judicial review of the final decision of the Commissioner of Social Security (“Commissioner”) finding her disability ceased on February 1, 2018, and she no longer qualified for disability … In its entirety, plaintiff argues: “Exhibits B16F (Tr. 1031-1103), B17F (Tr. 1104-1132), B18F (Tr. 1133-1579), & B19F (Tr. 1580-1608), clearly establish that Plaintiff consistently complained of sleep problems and fatigue

Caudill v. The Hartford Life and Accident Insurance Company

District Court, S.D. Ohio · Mar 1, 2023

The DOL has published extensive regulations detailing the procedures that must be followed to qualify as a full and fair review. See 29 C.F.R. § 2560.503-1. … Plaintiff need not show bad faith on the part of the defendant, but must establish that the benefits were wrongly withheld. Id.