Case law

Berger v. National Board of Medical Examiners

District Court, S.D. Ohio · Aug 27, 2019

On January 1, 2009, the Americans with Disabilities Act Amendments Act (“ADAAA”) amended the ADA to clarify the criteria for determining whether an individual qualifies as disabled. … Supp. 2d at 972 (“the public clearly has an interest in the enforcement of its statutes”) (internal quotation omitted). Given that Mr.

Stevens v. City of Columbus, Ohio

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

A plaintiff is entitled to a permanent injunction if he or she can establish that he or she “suffered a constitutional violation and will suffer ‘continuing irreparable injury’ for which there is no adequate remedy at law … In Speiser, appellants were veteran taxpayers applying for a California property tax exemption but refused to execute an oath that they did not advocate the overthrow of the government in order to qualify for that exemption

United States v. Klosterman

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

(See, e.g., Doc. 92 at ¶ 28, “Within 5 business days of the establishment of the Escrow Account, the Defendants shall submit proof to the United States that the account has been established and the funds deposited … However, the United States returned Defendants’ check and explained in an April 6, 2021 letter that it did not meet the terms of the Decree, because the Decree clearly requires Defendants to establish and deposit the money

Welsh v. Commissioner of Social Security

District Court, S.D. Ohio · Dec 17, 2020

The ALJ found that “the record establishes the severity of [Plaintiff’s] cognitive impairment,” but concluded that “the record does not illustrate that [Plaintiff’s] cognitive impairment would prevent him from working.” … A disagreement with how the ALJ decided to weigh differing medical opinions “is clearly not a basis for . . . setting aside the ALJ’s factual findings.” Id. (citing Mullins v. Sec'y of Health & Hum.

Coventry Deli v. State Auto Property and Casualty Insurance, Co.

District Court, S.D. Ohio · Sep 28, 2022

Mar. 23, 2022) (“The presence of COVID-19 on properties is not enough to qualify as a physical loss . . .”); Star Buick GMC v. Sentry Ins. Grp., 541 F. Supp. 3d 582, 591 (E.D. … This conclusion comports with established precent across Circuits. See Terry Black’s Barbecue v. State Auto Mut. Ins. Co., 514 F. Supp. 3d 896, 909 (W.D.

McRae v. Warden, Ross Correctional Institution

District Court, S.D. Ohio · Sep 30, 2020

established precedent of the United States Supreme Court. 28 U.S.C. § 2254(d)(1); Harrington v. … Robbery is one of the qualifying predicate offenses for aggravated murder.

Vallee v. Commissioner of Social Security

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

Legal Framework for Comparison Point 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 … It was noted that plaintiff was “clearly under the influence.” (Tr. 959). Plaintiff exhibited a normal gait on physical examination. She pulled out her own IV and left the emergency room.

Thacker v. Warden, Noble Correctional Institution

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

(sic) Ground Five: The State did not comply with Criminal Rule 16(K) as it pertains to the State’s “expert” witnesses; the Trial Court erred by allowing them to be qualified … “Failure to establish either element is fatal to the claim.” State v. Jones, 4th Dist.

Thacker v. Warden, Noble Correctional Institution

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

(sic) Ground Five: The State did not comply with Criminal Rule 16(K) as it pertains to the State’s “expert” witnesses; the Trial Court erred by allowing them to be qualified … “Failure to establish either element is fatal to the claim.” State v. Jones, 4th Dist.

Hawkins v. Cintas Corporation

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

based upon two factors: 1) the representatives must have common interests with unnamed members of the class, and 2) it must appear that the representatives will vigorously prosecute the interests of the class through qualified … However, as earlier discussed, Plaintiffs have clearly shown that they have engaged in enough discovery to understand the strengths and weaknesses of their position, considering their attorneys have expended over 800 hours

Peters v. Commissioner of Social Security

District Court, S.D. Ohio · Oct 29, 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 … Prior to the established disability onset date, the [plaintiff] was a younger individual age 18-49.

Brown v. Warden, London Correctional Institute

District Court, S.D. Ohio · Jun 16, 2021

[c] Appellate Counsel failed to recognize the expert witness was not qualified as such. 1 The paragraphs of Petitioner’s “Supporting Facts” on their face state separate … established precedent of the United States Supreme Court. 28 U.S.C. § 2254(d)(1); Harrington v.

Fetherolf v. Warden, Chillicothe Correctional Institution

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

Accordingly, “a writ of habeas corpus should be denied unless the state court decision was contrary to, or involved an unreasonable application of, clearly established federal law as determined by the Supreme Court, or … However, there is no clearly established Supreme Court precedent holding that a state violates due process by permitting propensity evidence in the form of other bad acts evidence. Bugh v.

International Union of Painters and Allied Trades District Council No. 6 v. Smith

District Court, S.D. Ohio · Mar 8, 2024

And, as discussed above, several of the cases on which Plaintiffs rely are clearly factually distinguishable. … Rather, those cases say that a plan itself can be a fiduciary qualified to bring an ERISA action because it consists of administrators who are fiduciaries. Saramar Alum.

Bell v. Caught My Eye Photography

District Court, S.D. Ohio · Jun 2, 2020

This factor, however, still weighs in favor of a finding of fair use, for while it may not be transformative, the use was clearly educational. Campbell, 510 U.S. … Bell’s WIN passage qualified as a fair use. See Bell v. Moawad Grp., LLC, 326 F. Supp. 3d 918 (D. Ariz. 2018).

McKnight v. Warden, Pickaway Correctional Institution

District Court, S.D. Ohio · Jun 13, 2024

Specifically, under the 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 … However, “if a review of the state court record shows that additional fact-finding was required under clearly established federal law or that the state court’s factual determination was unreasonable, the requirements of

Saunders v. Commissioner of Social Security

District Court, S.D. Ohio · Jan 27, 2021

At the same time, Plaintiff bears the burden of establishing that his off-task calculation is more than 5%. Vanwormer, 2020 WL 7021692, at *2-3 (citing Jordan v. Comm'r of Soc. … Useful terms are defined within the regulations and widely used by qualified sources.

Lipin v. Wisehart

District Court, S.D. Ohio · Nov 28, 2023

pauperis are subject to mandatory statutory screening to determine if their complaint is “frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune … As described by the Tenth Circuit, She intended for the Trust assets to qualify for the $1 million “Generation Skipping Transfer Exclusion” for

Carpenter v. Warden Ross Correctional Institution

District Court, S.D. Ohio · Apr 18, 2024

adjudicated on the merits in State court proceedings” unless the state-court decision either: (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly … To establish ineffective assistance, a defendant must show both deficient performance and prejudice. Berghuis v. Thompkins, 560 U.S. 370, 389 (2010).

Hosbrook v. Ethicon, Inc.

District Court, S.D. Ohio · Sep 29, 2021

A court should not make a ruling jn /imine 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. … excludes all of Defendants’ testimony, including from their medical directors and licensed physicians employed to assess the safety and efficacy of the Prolift, as well as testimony from their expert witnesses who are qualified