Case law

O'Dell v. Sun Life Assurance Company of Canada

District Court, S.D. Ohio · Feb 3, 2021

Under the Plan, Defendant Huntington is designated as the Plan Administrator and Defendant Sun Life administered the plan, making the determinations as to whether individuals qualified for benefits. (Id. ¶¶ 2–4). … In the Sixth Circuit, it is “well established that only plan administrators are liable for statutory penalties under § 1132(c).” Gore v. El Paso Energy Corp.

Equal Employment Opportunity Commission v. R&L Carriers Shared Services, LLC

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

For the reasons discussed below, the Court concludes that Neumark’s analysis may well be wrong, but that, even if so, it is not so clearly wrong to preclude admissibility. … [T]he witness must be qualified by knowledge, skill, experience, training, or education. 2.

Secretary, Department of Labor v. MICA Contracting, LLC

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

“The statutory language ‘stretches the meaning of ‘employee’ to cover some parties who might not qualify as such under a strict application of traditional agency law principles.’” Id. (citing Mendel v. … Because of the established FLSA violations, the Court finds that injunctive relief is appropriate. IV.

The Goodyear Tire & Rubber Company v. Conagra Foods, Inc.

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

The Court finds that Goodyear has not sufficiently established, for purposes of the motions for summary judgment, that the statements relied upon by Goodyear qualify as statements against interest. … Mich. 1995) (“By permitting the use of otherwise inadmissible evidence (such as hearsay about studies or experiments conducted by others), the Rule clearly contemplates a foundational requirement that the underlying data

Calvary Industries, Inc. v. Winters

District Court, S.D. Ohio · Jan 30, 2023

The party seeking removal bears the burden of establishing that removal was proper. Long v. Bando Mfg. of Am., Inc., 201 F.3d 754, 757 (6th Cir. 2000). … A different state inventorship standard might grant property rights to an individual who would not qualify as an inventor under federal patent law, or might grant greater relief to inventors than is afforded by federal

Bledsoe v. Emery Worldwide Airlines

258 F. Supp. 2d 780 · District Court, S.D. Ohio · Mar 17, 2003

Layoffs, even when they are clearly necessary and justifiable, are not welcome news in any community. I have some empathy with the employer who is forced to take such action. … Therefore, the Court will not establish a deadline of its own.

Kanniard

District Court, S.D. Ohio · Jun 1, 2026

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 … A claimant is not required to establish total disability at this level of the sequential evaluation.

McFarland v. Honeywell International Inc.

District Court, S.D. Ohio · Aug 12, 2020

Medina Auto Parts, 96 Ohio St. 3d 240, 773 N.E.2d 526, 530-31 (Ohio 2002) (federal Family and Medical Leave Act, which “expresses a clear public policy in favor of a qualified 6 In Ohio, claims for wrongful termination … Finally, McFarland says that “Ohio courts have consistently found that federal laws clearly establish public policy of Ohio.” (Doc. 13 at PAGEID # 77.)

Saxton v. Warden Noble Correctional Institution

District Court, S.D. Ohio · Apr 20, 2022

Specifically, under AEDPA, a federal court shall not grant a writ unless the state court adjudication “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal … Under Petitioner’s theory, because the total weight of the cocaine and heroin seized from his residence qualified him as a major drug offender and resulted in felony- one offense levels, he should not have been subject to

Watkins v. Columbus City Schools

District Court, S.D. Ohio · Mar 25, 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. App’x. 425, 427 (6th Cir. 2008). … In order to establish a prima facie case of disparate treatment, a plaintiff must demonstrate: “(1) membership in the protected class; (2) that he or she suffered from an adverse action; (3) that he or she was qualified

Downs v. Commissioner of the Social Security

District Court, S.D. Ohio · Apr 7, 2020

Only evidence from acceptable medical sources can establish a medically determinable impairment. 20 C.F.R. … § 404.1513(a) (“We need evidence from acceptable medical sources to establish whether you have medically determinable impairment(s)”).

Project Veritas v. Ohio Elections Commission

District Court, S.D. Ohio · Nov 20, 2019

Hogan, the Sixth Circuit held that based on the complaint, state officials were not entitled to qualified immunity when they arrested two individuals, one of whom was a reporter, for recording an impromptu press conference … Moreover, the court held those rights were clearly established because “[d]ecades ago, the Supreme Court established with clarity that the First Amendment protects the rights of both the media and the general

Croce v. Sanders

District Court, S.D. Ohio · May 12, 2020

Clearly, those charged with defamation cannot, by their own conduct, create their own defense by making the claimant a public figure.” Id. at 135. … Defendant contends that this statement qualifies as protected opinion. The Court agrees.

Kautz v. Commissioner of Social Security

District Court, S.D. Ohio · Aug 3, 2021

Based on these findings, the ALJ concluded that Plaintiff was not under a benefits-qualifying disability. Id. at 69. … Clearly, then, the ALJ subjected these opinions to scrutiny.

In re: Edward Dudley, Sr.

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

STANDARD OF REVIEW In reviewing the bankruptcy court’s decision, the district court acts as the appeals court and applies a clearly erroneous standard to findings of fact and a de novo standard … The movant bears the burden of establishing that there is no genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986).

Johns v. CR Bard

District Court, S.D. Ohio · Dec 3, 2020

Accordingly, Defendants will only be permitted to introduce their adverse event rate through a qualified witness who was subject to vigorous cross examination. … Closing argument may not be used by either side to argue statistics, rates, or other similar matters not adduced as evidence from a qualified witness.

Schotz v. Commissioner of Social Security

District Court, S.D. Ohio · Jun 26, 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 … Papadakis did not clearly distinguish between plaintiff’s limitations before and after his DLI.

Board of Education v. United States Department of Education

208 F. Supp. 3d 850 · District Court, S.D. Ohio · Sep 26, 2016

The Court finds that Defendants’ interpretation is not clearly erroneous or inconsistent with Title IX implementing regulations. Auer, 519 U.S. at 461 , 117 S.Ct. 905 . … State entities “may not exclude qualified individuals based on ‘fixed notions concerning the roles and abilities of males and females.’ ” United States v.

Lewis v. CSX Transportation, Inc.

778 F. Supp. 2d 821 · District Court, S.D. Ohio · Mar 10, 2011

(Employees separated from the railroad more than three (3) years do not qualify to be tested.) (Id.) … Lewis never clearly fleshes out his argument that CSX failed to provide him with adequate tools and equipment, so the Court can only guess at the basis for that argument.

Sorah v. Tipp City Exempted Village School District Board of Education

District Court, S.D. Ohio · Mar 16, 2020

purposes of a motion for judgment on the pleadings, all well-pleaded material allegations of the pleadings of the opposing party must be taken as true, and the motion may be granted only if the moving party is nevertheless clearly … As Defendants note, this is a clear reference to the IDEA, which establishes specific procedures governing alternative placement of students who have violated a code of student conduct.