Case law

Penley v. Commissioner of Social Security

District Court, S.D. Ohio · Aug 21, 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 … 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

In Re: Cardinal Health, Inc. Derivative Litigation

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

Plaintiffs’ claims for recovery are not clearly time- barred. Next, Defendants argue that a four-year statute of limitations applies (see Ohio Rev. … The Consolidated Complaint may well establish breaches occurring within the limitations period.

M.A. v. Wyndham Hotels & Resorts, Inc.

District Court, S.D. Ohio · Oct 7, 2019

The court noted that § 1595 is similar to civil remedies authorized under the RICO statute in that both require a plaintiff to “prov[e] a qualifying ‘predicate act.’” Plaintiff A, 2014 U.S. Dist. … Plaintiff has clearly named Wyndham in her Complaint and made allegations specific to their failure to prevent her sex trafficking.

Trout v. University of Cincinnati Medical Center, LLC

District Court, S.D. Ohio · Aug 1, 2024

(Doc. 17, # 205–06 (“In any event, Plaintiff admits she did not qualify for FMLA at the time she was terminated. Plaintiff therefore does not have a valid FMLA claim to bring.” (citation omitted))). … UCMC notified Trout of the existence of both the Arbitration Agreement and the evidence that clearly showed she was bound by it prior to Trout’s decision to dismiss her initial suit and to proceed in arbitration.

Price

District Court, S.D. Ohio · Aug 28, 2026

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 … However, “[i]f 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.”

Wilson v. Commissioner of Social Security

District Court, S.D. Ohio · Jan 17, 2024

Those findings are clearly relevant to the assessment of Plaintiff’s limitations in concentration, persistence and pace, to his ability to remember, understand and carry out instructions, and to his awareness of normal … Moreover, state agency medical consultants are highly qualified physicians who are experts in the evaluation of the medical issues in disability claims under the Act.

Davenport v. Commissioner of Social Security

District Court, S.D. Ohio · Jan 7, 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 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

Walters v. Commissioner of Social Security

District Court, S.D. Ohio · Mar 31, 2022

McKinney described Plaintiff as “a cooperative man with whom rapport was adequately established.” (Doc. #11-7, PageID #401). … McKinney’s opinion “little weight” is clearly articulated and supported by substantial evidence. As noted above, Dr.

Autumn Court Operating Company, LLC v. Healthcare Ventures of Ohio, LLC

District Court, S.D. Ohio · Feb 1, 2021

It noted that the term “any qualified small business concern” was already codified in the Small Business Act (“SBA”) prior to the CARES Act, and that courts had concluded the SBA did not contain an implied private right … This Court finds that Plaintiffs have not established a likelihood of success on the merits on whether Defendants are in default of § 23.23 of the Sublease.

Cook v. Commissioner of Social Security

District Court, S.D. Ohio · Dec 10, 2020

Here, the fact that the agency physicians were board certified in family practice and in internal medicine does not diminish the fact that under SSR 17-2p, 2017 WL 3928306 at *3 (March 27, 2017), they remained “highly qualified … substantially supported by the record as a whole. 15 Plaintiff further complains that the ALJ employed a “pain scale” that was “clearly

Dotson v. Commissioner of Social Security

District Court, S.D. Ohio · Jul 17, 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 … physician’s statement “would be important for any decision-maker”; and the Appeals Council erred by finding the completed form would not change the outcome of the ALJ’s decision “when the limitations stated in the form are clearly

Britt v. Hamilton County, Ohio

District Court, S.D. Ohio · Mar 30, 2021

But she clearly took appropriate steps to protect [the inmate]. … In short, the evidence clearly demonstrates Sgt. Kilday did not violate any policy. Third, none of the evidence Plaintiff cites demonstrates that Set.

Stinson v. Davol, Inc.

District Court, S.D. Ohio · Jun 12, 2023

Unless a party proves that the evidence is clearly inadmissible on all potential grounds—a demanding requirement—“evidentiary rulings should be deferred until trial so that questions of foundation, relevancy and potential … Plaintiff will “only be permitted to introduce [alleged injuries of others] through a qualified witness who [i]s subject to vigorous cross examination.” (Id.) S.

Adkins v. Marathon Petroleum Company LP

District Court, S.D. Ohio · May 4, 2023

So clearly Pue understood he had been asked about the mechanism of injury. … In sum, Adkins’s counsel clearly contacted Gomes “in anticipation of litigation.”

Abshire v. Commissioner of Social Security

District Court, S.D. Ohio · Aug 30, 2024

The ALJ afforded these assessments “no more than some weight” for the time period prior to the established disability onset date. (Decision, Doc. No. 7-11 at PageID 1418.) … Plaintiff cites to case law to support the contention that an ALJ is “not qualified to interpret raw medical data in functional terms.” (SE, Doc. No. 9 at PageID 2517.)

Hardwick v. 3M Company

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

Defendants do not contend that they hold a middle-man position, acting pursuant to the direction of other parties who should be before this Court A sister district court explained traceability clearly and persuasively in … Counsel In assessing the adequacy of representation, this Court must also consider whether the Class representative will vigorously prosecute the class members’ interest through qualified

J&R Passmore, LLC v. Rice Drilling D, LLC

District Court, S.D. Ohio · Mar 29, 2024

This Court starts with what it finds to be factually clear and established. … Indeed, this Court has already found that prong one—plaintiff’s ownership or right to possession of the property—is established.

Mabry-Schlicher v. Commissioner of Social Security

District Court, S.D. Ohio · Jul 29, 2024

Considering Plaintiff’s impairments individually and in combination, the ALJ determined that none meet or medically equal “the severity of one of the listed 4In order to qualify for DIB, Plaintiff must show that she became … err by rejecting “superficial” in the RFC on grounds it was not vocationally relevant, citing to Reeves and the lack of regulatory definition in the DOT or similar regulatory resources, and because the ALJ clearly

Hogan v. Smith

District Court, S.D. Ohio · Jun 11, 2024

APA, that case does qualify as a parallel proceeding. … Plaintiff’s first contention is belied by his complaint in this case, which clearly alleges due process violations under Morrissey.

Rossisa Participacoes v. Reynolds and Reynolds Company

District Court, S.D. Ohio · Sep 6, 2019

DCS established a new entity to effectuate the acquisition, Racecar Acquisition Co. (“Racecar”), which then merged with and into Reynolds. … The Sixth Circuit has found that 9 U.S.C. § 207 “clearly bestows upon the district court the authority to entertain” a motion to confirm a foreign arbitration award that falls within the New York Convention or Inter-American