Case law

Myers v. Wells Fargo Bank, N.A.

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

“In particular, when a furnisher does not already possess evidence establishing that an item of disputed information is true, § 1681s-2(b) requires the furnisher to seek out and obtain such evidence before reporting the … The related AES/ Wells Fargo credit entry clearly stated that the “Last Date of Activity” was in June 2010. (Doc. 67-1.) This was incorrect.

Turner 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.

Doe (S.S.) v. Red Roof Inns, Inc.

District Court, S.D. Ohio · Mar 6, 2025

When ruling on a Rule 12(c) motion, “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 entitled … the franchisor, the court found “no genuine dispute that [the franchisor] did not meaningfully participate in employment decisions or possess sufficient control over the terms of Plaintiffs’ employment to qualify

Smith v. Commissioner of Social Security

District Court, S.D. Ohio · Jun 16, 2022

Sequential Evaluation Process The Social Security Act establishes a five-step sequential evaluation process for determining whether a plaintiff is disabled within the meaning of the … Schwartzman, who is well-qualified by reason of training and experience in reviewing an objective record and formulating an opinion as to limitations.

DN Reynoldsburg, LLC v. Shoe Show Inc

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

It is proper to enter summary judgment against a party “who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof … cotenant replacement provision ambiguous and noting “[w]hile it is clear that ‘similar’ means something less than identical, there is no guidance provided in the Lease concerning how ‘similar’ another business must be to qualify

Yukech v. California Transport, LLC

District Court, S.D. Ohio · Mar 6, 2023

There is substantial evidence that Holloway was fully in the right lane ahead of Yukech at the time of the crash: the uniform crush pattern across the front of the Malibu clearly indicates that Yukech crashed into Holloway … By comparison, an intervening cause does not break the causal chain, and thus does not render the defendant immune to liability for her negligent action. Id. at 1024.

Roush v. Commissioner of Social Security

District Court, S.D. Ohio · Aug 15, 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 in death … 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 and any subsequent

Gaiser v. America's Floor Source

District Court, S.D. Ohio · Jan 27, 2020

The testimony does not clearly show whether the decision to terminate Plaintiff was made in August of 2017, or January or February of 2018. … Hoffer’s comment are enough to establish a genuine issue of material fact regarding the prima facie case.

Johnson Sr. v. Chambers-Smith

District Court, S.D. Ohio · Jul 20, 2023

The Court must dismiss the Complaint, or any portion of it, that is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief … Ohio Dep’t of Rehab. & Corr., 157 F.3d 453, 456 (6th Cir. 1998) (and cases cited therein) (“It is well-established that a plaintiff cannot sue a state agency or any of its employees in their official capacities for monetary

Viola v. Yost

District Court, S.D. Ohio · Mar 4, 2022

Viola has established a pattern of filing motions in this case that are repetitive and baseless. … This does not establish state action either.

Wood v. Chambers-Smith

District Court, S.D. Ohio · May 21, 2024

immunity based upon wholly different sets of facts. … The District Judge, upon consideration of the motion, shall set aside any part of this Order found to be clearly erroneous or contrary to law.

Arnold v. PNC Bank N.A.

District Court, S.D. Ohio · Dec 27, 2022

Of course, one of the requirements is authentication “by the testimony of the custodian or another qualified witness, or by a certification,” Fed. R. Evid. 803(6), which Plaintiffs have not provided. … But a strong will or a stubborn character does not render one immune to health issues or to their effects.

Brandenburg v. Cousin Vinny's Pizza, LLC

District Court, S.D. Ohio · Nov 25, 2019

The Risk of Fraud or Collusion The evidence before the Court clearly reflects that the Settlement Agreement is the product of arms-length negotiations conducted by experienced counsel on both sides. … All counsel are highly qualified and have substantial experience in federal courts and class action litigation.

Kopaleishvili v. Uzbek Logistics, Inc.

District Court, S.D. Ohio · Dec 5, 2019

After approximately one to two months, Plaintiff was “clearly told” that Uzbek Logistics calculates pay based on Google Maps, not actual miles driven. (Id. at 50). … A plaintiff “need not prove that every element can be established by classwide proof,” Sandusky, 863 F.3d at 468, and at the certification stage, a plaintiff does not need to prove that each class member was actually harmed

Friend v. New Lexington Tree Farm, LLC

District Court, S.D. Ohio · Sep 5, 2019

The first “encompasses claims based on a right, privilege, or immunity secured by the Constitution or federal laws.” Id. (quotation marks and citation omitted). … Smith, is not qualified to opine on diminution or restoration values related to tree removal. (See Doc. 90 at 21–26).

Moore v. Commissioner of Social Security

District Court, S.D. Ohio · Feb 14, 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 … Rukamp’s opinion was “clearly not consistent with [plaintiff]’s activities of daily living.” (Tr. 25).

Schott v. Commissioner of Social Security

District Court, S.D. Ohio · Aug 23, 2022

To satisfy Listing 13.06B2 Plaintiff must establish chronic phase by establishing either (a) the date of bone marrow or stem cell transplantation or (b) “[p]rogressive disease following initial anticancer therapy.” 20 … Listing 12.04 establishes the criteria for depressive, bipolar, and related disorders, and Listing 12.06 establishes the criteria for anxiety and obsessive-compulsive disorders.

Zilinsky v. LeafFilter North, LLC

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

Commonality To establish commonality, there must be “questions of law or fact common to the class.” Fed. R. Civ. P. 23(a)(2). … Accordingly, a class action is clearly the superior method of adjudicating this case.

Young v. City of Logan

District Court, S.D. Ohio · Aug 28, 2025

Facial plausibility is established “when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. … “A preliminary injunction is an extraordinary remedy which should be granted only if the movant carries his or her burden of proving that the circumstances clearly demand it.”

Tate v. EyeMed Vision Care, LLC

District Court, S.D. Ohio · Jul 29, 2025

For example, one court has noted in a related context that “the movant’s burden of proof to establish standing at the class-certification stage is unclear.” Smith v. … Finally, Kroll will establish a toll-free help line to answer settlement-related questions. (Id. at #590).