Case law

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).

Armstead v. Baldwin

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

Prison Litigation Reform Act (“PLRA”), district courts must screen prisoner complaints and sua sponte dismiss any claims that are frivolous or malicious, fail to state a claim for relief, or are against a defendant who is immune … “It is clearly established that prisoners have a constitutionally protected right of access to the courts under the First and Fourteenth Amendments.” Downing v. Greer, No. 1:11-CV-372, 2011 WL 3739023, at *4 (W.D.

Mohnsam v. Commissioner of Social Security

District Court, S.D. Ohio · Jul 11, 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 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

Women's Medical Professional Corp. v. Voinovich

911 F. Supp. 1051 · District Court, S.D. Ohio · Dec 13, 1995

, are not yet established (Tr., 11/13, at 301). … Haskell was not qualified as an expert in the area of fetal neurology, this Court will not consider this testimony. 29 .

Morrison v. Columbus Family Health Care LLC

District Court, S.D. Ohio · May 5, 2023

In challenging Plaintiff’s timesheet, Defendant asserts that it establishes that Defendant paid overtime for all time she recorded. … (Id. at 5, 8 (noting that the plaintiff’s affidavit in Jasper included a pay stub clearly establishing that he was not paid a rate of time and a half his regular rate for the hours he worked over 40).)

Dawson-Durgan v. Warden, Warren Correctional Institution

District Court, S.D. Ohio · Feb 22, 2022

established precedent of the United States Supreme Court. 28 U.S.C. § 2254(d)(1); Harrington v. … In sum, Dawson-Durgan has not presented evidence sufficient to show the First District’s factual findings related to the police interviews are clearly erroneous.

McCurdy v. Commissioner of Social Security

District Court, S.D. Ohio · Dec 8, 2023

She did not qualify for supplemental oxygen (Exhibit 12F/98, 103). In March 2021, [Plaintiff] came to the emergency room reporting that her blood pressure was around 200/90. … Accordingly, despite the ALJ’s mistake, her conclusion about Plaintiff’s subjective reports of her symptoms was made clearly and according to the law and is supported by substantial evidence.

Boetcher v. Commissioner of Social Security

District Court, S.D. Ohio · Nov 19, 2021

. § 405(g) for review of a final decision of the Commissioner of Social Security (“Commissioner”) finding her disability ceased on October 19, 2016 and she no longer qualified for social security disability insurance benefits … The ALJ found that the medical evidence establishes that, since October 19, 2016, Plaintiff has had the following medically determinable impairments: status post right foot fracture and fusion, degenerative disc disease

Graves v. Kephaco Corporation

District Court, S.D. Ohio · Sep 24, 2020

Graves “was informed very clearly on March 20 that if she did not improve her sales numbers, her employment would be terminated.” (Kolleth Aff. ¶ 10, ECF No. 14-4.) … To establish a prima facie case of discrimination, a plaintiff must establish that: (1) she is a member of a protected class; (2) she was subjected to an adverse employment action; (3) she was qualified for the position

Thompson v. Commissioner of Social Security

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

App’x 238, 248 (6th Cir. 2016) (“Though … [the non-examining source’s] assessment was completed in 2008, the ALJ’s own analysis clearly spanned the entire record.”). … In the Court’s view, Plaintiff’s contentions establish, at most, that a reasonable mind could have credited Plaintiff’s subjective complaints to a greater extent than the ALJ did.

Ater Ex Rel. Ater v. Follrod

238 F. Supp. 2d 928 · District Court, S.D. Ohio · Sep 17, 2002

Although Defendants argue that application of the double dismissal rule would bar all of Plaintiffs’ current claims, this is clearly incorrect. … Ohio Rule of Civil Procedure 41(A)(1) clearly states that a stipulation of dismissal must be “signed by all parties who have appeared in the action.”

Miller v. Aetna Life Insurance Company

District Court, S.D. Ohio · May 4, 2020

While there is “nothing inherently objectionable about a file review by a qualified physician in the context of a benefits determination,” the Sixth Circuit has noted that it is a “factor to be considered in … 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

Witt v. Commissioner of Social Security

District Court, S.D. Ohio · Sep 23, 2020

This is because “acceptable medical sources” are “the most qualified health care professionals.” Id. (citing 65 FR 34955, dated June 1, 2000). … BBHS counselors opined at plaintiff’s initial comprehensive assessment in August 2017 that plaintiff did not “clearly” meet the criteria for bipolar disorder and they could not make an accurate diagnosis due to the similarity

Cardinal Health 200, LLC v. Cellex, Inc.

District Court, S.D. Ohio · Aug 22, 2025

Plaintiff does not establish Defendant had a duty to preserve the tests when Defendant destroyed them in November 2022. … Lewis could answer some questions within her personal knowledge, she clearly was not prepared to testify about test returns and the specific reasons behind them. (Doc. 38 at 7).

Clemow v. Commissioner of Social Security

District Court, S.D. Ohio · Dec 28, 2021

Plaintiff alternatively suggests that even if her treating physicians’ opinions did not qualify for “controlling weight.” … Here, the ALJ clearly considered the record as a whole in formulating additional mental RFC limitations that were not endorsed by either of the agency consultants. D.

Abston v. New Penn Financial LLC d/b/a Shellpoint Mortgage Servicing

District Court, S.D. Ohio · May 19, 2020

The Sept. 15 letter also clearly provided that a permanent loan modification would be effective upon the following: Abston timely making the three TPP payments, Abston signing and returning the … Shellpoint contends that all four elements of issue preclusion are established.

Rogers v. National City Bank

District Court, S.D. Ohio · May 7, 2024

The standard for whether judicial comments establish bias is high. … Rogers is clearly aware of Carter’s litigation, as the 2017 OCC letter on which she relies is addressed to Carter. (Doc. 99, #731).

Max Rack, Inc. v. Core Health & Fitness, LLC

District Court, S.D. Ohio · May 5, 2020

Defendants raise three arguments in support of their Motion for a New Trial: (1) the sum of all the evidence rebuts a finding of intentional infringement; (2) the $1 million award of actual damages is clearly the result … Therefore, because the infringement was knowing, willful, and deliberate, this case qualifies as ‘exceptional’ and attorney’s fees are appropriate under the Lanham Act.”); Ohio State Univ. v.

Lockhart v. Garzella

District Court, S.D. Ohio · Apr 7, 2022

The plaintiff carries the burden of establishing those three elements and, at the pleading stage, the plaintiff must clearly allege facts demonstrating 13 each element. /o. … The PSLRA established a statutory safe-harbor for forward-looking statements.

Rogers v. United States

District Court, S.D. Ohio · May 7, 2024

The standard for whether judicial comments establish bias is high. … Rogers is clearly aware of Carter’s litigation, as the 2017 OCC letter on which she relies is addressed to Carter. (Doc. 99, #731).