Case law

Alili

District Court, S.D. Ohio · Jul 13, 2026

Third, Alili’s agreement with Block clearly had a “lawful object.” Santana, 343 Cal. Rptr. 3d at 488. … Alili, who would have borne the burden of establishing unconscionability in this case, see, e.g., Eastham v.

Brunet v. City of Columbus

642 F. Supp. 1214 · District Court, S.D. Ohio · Jul 14, 1986

Congress has not commanded that the less qualified be preferred over the better qualified simply because of minority origins. … Therefore, the Court concludes that the defendants have met their burden of establishing irreparable injury.

List Industries v. Umina.

District Court, S.D. Ohio · Jul 12, 2021

Being able to increase the scope of documents that so qualify would be beneficial to List’s claims. … It also could affect the amount of damages List can establish for its misappropriation-of-trade-secrets claim and its breach of contract claim.

Stiltner v. Donini

District Court, S.D. Ohio · Aug 25, 2020

Clearly, Plaintiff believes that he should have received additional dental and/or medical treatment but he fails to offer any evidence to suggest what, if any, follow-up treatment was medically necessary but not provided … All inmates shall be provided appropriate medical care under the direction of a licensed physician and through the use of qualified and trained health care personnel. (Id. at 45-46).

Shah v. Fortive Corporation

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

To establish a claim of racial discrimination under Section 1981, Plaintiff must show that (1) he belongs to an identifiable class of persons who are subject to discrimination based upon their race; (2) Defendants intended … It further alleges that Defendants generally pay covered employees all unused, accrued PTO benefits they qualify for upon separation from the companies.

Stonerock v. Commissioner of Social Security

District Court, S.D. Ohio · Sep 10, 2019

Aug.11, 2010) (“interviews are clearly an acceptable diagnostic technique in the area of mental impairments and [an examining psychologist] could rely upon the subjective complaints elicited during the interview in formulating … Barone’s treatment notes establish that Plaintiff was mentally, cognitively, and behaviorally impaired 15 by severe PTSD and dysthymic depression

Wolfe v. Commissioner of Social Security

District Court, S.D. Ohio · Jun 4, 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 … As noted above, [plaintiff]’s attorney has failed to establish that the restrictions in the established residual functional capacity are inconsistent with the requirements of the jobs cited by the vocational expert

White v. Commissioner of Social Security

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

Plaintiff established care with a cardiologist well before her alleged onset date at a time when she continued to work fulltime. (Tr. 1016, 2052). … The ALJ rejected those opinions as both unsupported and inconsistent with the record, noting that “[t]he requisite criteria to meet section 14.06 are clearly not present,” and that Dr.

Florence

District Court, S.D. Ohio · Aug 13, 2026

Second, Plaintiffs must allege the existence of a qualified enterprise that is distinct from the “‘persons’ who conduct the affairs of th[at] enterprise through a pattern of racketeering activity.” … Plaintiffs claim that such a provision is “clearly prohibited by R.C. § 5321.13(C).” (Doc. 24, #668).

Armengau v. Warden, London Correctional Institution

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

However, the only source of law on which a habeas court can rely for established law is the clear holdings of the United States Supreme Court and the Sixth Circuit has held “There is no clearly established Supreme Court … The Report rejects this claim for lack of any clearly established Supreme Court law supporting it. The Objections contain no Supreme Court precedent to the contrary.

Patterson v. Easton Motorcars LLC

District Court, S.D. Ohio · Aug 11, 2021

Patterson may establish a prima facie case of intentional discrimination by showing that (i) she was a member of a protected class, (ii) she was qualified for her position, (iii) she suffered an adverse employment action … The liability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.

Grimm v. GPG Processing, LLC

District Court, S.D. Ohio · Aug 15, 2019

Plaintiff, however, has not clearly proven damages. … Holder, 738 F.3d 708, 714 (6th Cir. 2013) (“Crimes that involve deception or fraud consistently are held to qualify as crimes involving moral turpitude.”).

Harrison v. Commissioner of Social Security

District Court, S.D. Ohio · Mar 26, 2025

The ALJ should discuss a listing “if . . . the record ‘raise[s] a substantial question as to whether [the claimant] could qualify as disabled’ under a listing.” Id. (citing Abbott v. … If the consultant’s report clearly identifies the documents relied upon to support their opinions, then the ALJ can conduct a supportability analysis that is based on those documents.

Digmelashvili v. Commissioner of Social Security

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

Sec., 336 F.3d 469, 474 (6th Cir. 2003) (the claimant bears the burden of establishing steps one through four). … 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.

Nag v. Ohio State University

District Court, S.D. Ohio · Sep 22, 2021

Ohio Sept. 10, 2014) (“A plaintiff is clearly permitted to plead alternative or even inconsistent claims without being subject to a motion to dismiss.”). … Nag responds that OSIF’s status as his joint employer establishes an employment contractual relationship sufficient for Section 1981. (Pl.’s Resp. at 12.)

Howell

District Court, S.D. Ohio · Mar 16, 2026

“Judgment may be granted under Rule 12(c) where the moving parties clearly establish that no material issue of fact remains to be resolved and that they are entitled to judgment as a matter of law.” Williamson v. … Code § 4519.02(B)(2) (excluding registration for all- purpose vehicles used primarily for agriculture purposes when the owner qualified for the current agricultural use valuation tax credit unless it is to be used on any

Dakota Girls, LLC v. Philadelphia Indemnity Insurance Company

District Court, S.D. Ohio · Mar 8, 2021

Rather, the Court will give common words “their ordinary meaning unless manifest absurdity results, or unless some other meaning is clearly evidenced from the face or overall contents of No. 4:20-CV-1275, 2021 WL 274318 … The Ohio Supreme Court has held that the last antecedent rule cannot be used to contravene the intent of an insurance policy “if there is contrary evidence that demonstrates that a qualifying phrase was intended to apply

Department of Labor v. Americare Healthcare Services, LLC

District Court, S.D. Ohio · Jan 9, 2025

The 2013 Rule also narrowed what services qualified as “companionship services.” Id. § 552.6(b). … Courts “expect Congress to speak clearly when authorizing an agency to exercise powers of vast economic and political significance.” Ala. Ass’n of Realtors v. Dep’t of Health & Hum.

Hobart Corporation, et al. v. Dayton Power and Light Company, et al.

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

A court should not make a ruling in limine unless the moving party meets its burden of showing that the evidence in question is clearly inadmissible. /ndiana Ins. Co., 326 F. Supp.2d at 846; Koch, 2 F. … Evid. 702, governing expert witness testimony, provides as follows: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion

Daria

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

A medically determinable impairment “must be established by objective medical evidence from an acceptable medical source.” 20 C.F.R. § 404.1521. … Swedberg’s examination did not produce adequate evidence to qualify any of [Plaintiff’s] physical impairments as severe.” (Id. (citing R. at 450)).