Case law
Opinions from 1658 to today.
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Polley v. Commissioner of Social Security
District Court, S.D. Ohio · Feb 18, 2024
Legal Framework for Disability Determinations To qualify for SSI, a claimant must suffer from a medically determinable physical or mental impairment that can be expected to result in death or that … The Commissioner counters that the ALJ reasonably evaluated the medical evidence and clearly explained why she found Dr. Onamusi’s opinion persuasive. (Doc. 18 at PAGEID 952-54).
Cited 0 timesUnknownDistrict Court, S.D. Ohio · May 10, 2021
Applying the Riegel test involves determining whether a claim qualifies as a “parallel claim.” … Supp. 3d at 986 n.4 (plaintiff’s Ohio state-law claims for manufacturing defect, failure to warn, and breach of implied warranty “clearly relate to the ‘safety and effectiveness’ of SynchroMed II”).
Cited 0 timesUnknownLittler v. Ohio Association of Public School Employees
District Court, S.D. Ohio · Apr 14, 2020
In order to establish who qualifies as “reluctant,” each putative class member would have to testify as to how he or she felt about the decision whether to join the union. … If someone is asked whether he/she was “reluctant” to join OAPSE, how much reluctance qualifies? Must that person have been 100% reluctant? 50% reluctant? 20% reluctant?
Cited 0 timesUnknownJewett v. Warden, Noble Correctional Institution
District Court, S.D. Ohio · Oct 8, 2020
Jewett did not object to the trial court qualifying him as an expert on giving estimates of weights of drugs based on appearance. … adjudicated on the merits in State court proceedings unless the adjudication of the claim— (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly
Cited 0 timesUnknownBrunke v. Commissioner of Social Security
District Court, S.D. Ohio · Sep 10, 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 ALJ noted that plaintiff established care with David J. Demarco, M.D., a primary care physician, in August 2020. (Tr. 29).
Cited 0 timesUnknownNickerson v. American Electric Power Company, Inc.
District Court, S.D. Ohio · Dec 20, 2021
These funds allow for a “qualifying nuclear resource” or a “qualifying renewable resource” to be eligible for participation in the programs for one or more program years, as determined by the Authority. … Reduced Renewable Portfolio Standards In 2008, the State of Ohio established their Renewable Portfolio Standards (RPS) policy.
Cited 0 timesUnknownHeinrich v. Commissioner of Social Security
District Court, S.D. Ohio · Mar 18, 2022
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 claimant’s burden of establishing a “severe” impairment at step two is “de minimis.” Winn v. Comm’r of Soc. Sec., 615 F. App’x 315, 325 (6th Cir. 2015) (citing Higgs, 880 F.2d at 862).
Cited 0 timesUnknownNeupane v. Commissioner of Social Security
District Court, S.D. Ohio · Aug 9, 2021
App’x 419, 425 (6th Cir. 2015) (“Read together, Drummond and Acquiescence Ruling 98-4(6) clearly establish that a subsequent ALJ is bound by the legal and factual findings of a prior ALJ unless the claimant presents new … Further, he clearly noted his obligations in light of Drummond, Earley and the relevant Acquiescence Rulings.
Cited 0 timesUnknownMcNeil v. Trinity Health Corporation
District Court, S.D. Ohio · Nov 29, 2022
Husel “ordered fatal doses of pain medication” the record establishes that Defendants’ public statements consistently qualified Dr. … Although Section 45 does not clearly define the concept of “unfair competition,” the Supreme Court has established that it is “understood to be concerned with injuries to business reputation and present and future sales
Cited 0 timesUnknownDistrict Court, S.D. Ohio · May 27, 2022
App. 2013) (“Where complicated medical problems are at issue, testimony from a qualified expert is necessary to establish a proximate causal relationship between the incident and the injury.”); Harris, 2013-Ohio-5714, … The sanction for failing to comply with Federal Rule of Civil Procedure 26(a) is clearly articulated in Federal Rule of Civil Procedure 37.
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Feb 5, 2026
The ALJ acknowledged that both consultants “are highly qualified physicians who are experts in the evaluation of the medical issues in disability claims under the Act” and are “well qualified by reason of training and … They clearly documented significant mental health restrictions during that early time period of when Mr. Simpson filed his claim. If the ALJ wants to find that Mr.
Cited 0 timesUnknownNorton Outdoor Advertising, Inc. v. Village of St. Bernard
District Court, S.D. Ohio · Jun 16, 2022
presented, Norton seeks only the right to install variable message digital billboards that clearly fall within the definition of a “sign.” … The statements clearly articulate the Village’s focus on safety and esthetics.
Cited 0 timesUnknown380 F. Supp. 2d 936 · District Court, S.D. Ohio · Aug 1, 2005
. §§ 3591-3598 , established procedures for imposing the death penalty for over sixty offenses. … McCullah, 76 F.3d 1087, 1110 (10th Cir.1996) (rejecting Defendant’s vagueness challenge, holding “[i]n the context in which [“substantial”] appears, the term clearly has a commonsense meaning of ‘considerable in quantity:
Cited 13 timesPublishedPansing v. Commissioner of Social Security
District Court, S.D. Ohio · Mar 4, 2024
Based on these findings, the ALJ concluded that Plaintiff has not been under a benefits-qualifying disability since January 4, 2020. Id. at 67. … Plaintiff’s burden of establishing a “severe” impairment at Step Two of the disability determination process is construed as a “de minimis hurdle.” Higgs v. Bowen, 880 F.2d 860, 862 (6th Cir. 1988).
Cited 0 timesUnknownJalali v. UNUM Life Insurance Company of America
District Court, S.D. Ohio · Mar 28, 2022
or may reasonably become qualified based on education, training or experience.” … Id. at 622; see also Kalish, 419 F.3d at 513 (concluding that where claimants have clearly established their disability, the appropriate remedy is an immediate award of benefits rather than a remand to consider previously
Cited 0 timesUnknownIn Re: Ohio Execution Protocol Litigation
District Court, S.D. Ohio · Nov 23, 2020
evidence to more clearly demonstrate the degree of risk and degree of pain and suffering inflicted by acute, non-cardiogenic pulmonary edema.” Id. at PageID 135121. … Thus, it would be legally impossible for anyone alleging only sensations of drowning or suffocating to establish an Eighth Amendment violation in connection with a method of execution.”
Cited 0 timesUnknownRiggs v. Commissioner of Social Security
District Court, S.D. Ohio · Feb 23, 2022
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. … Listing § 12.04 establishes the criteria for depressive, bipolar, and related disorders; Listing § 12.06 establishes the criteria for anxiety and obsessive-compulsive disorders. See 20 C.F.R. Pt. 404, Subpt.
Cited 0 timesUnknownSimaga,et al. v. United States Citizenship & Immigration Services
District Court, S.D. Ohio · Aug 14, 2023
Because the United States Supreme Court found that benefits are a “statutory entitlement for persons qualified to receive them,” Plaintiffs argue that they are entitled to the benefit—leaving USCIS with no discretion to … First, “[t]o have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it . . . more than a unilateral expectation of it.
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Mar 29, 2022
Over the years, mounting scientific evidence has demonstrated that polypropylene is “biologically incompatible with human tissue” and thereby prone to eliciting an immune response (i.e., a “host defense response”) in … App. 2002) (holding that consumers may qualify as third-party beneficiaries for purposes of asserting an implied warranty claim under the Ohio UCC), with Bruns v.
Cited 0 timesUnknownTurner v. McCullough-Hyde Memorial Hospital
District Court, S.D. Ohio · Sep 29, 2020
The record clearly shows that Turner had job performance issues, but the other probationary employees did not. See supra at 14 - 16. … In DeBoer, the panel found that an employer's failure to follow its internal policy, when combined with several other pieces of probative evidence, “barely” qualified to demonstrate pretext. Id. at 395.
Cited 0 timesUnknown
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