Case law

Blevins-Bryant v. Commissioner of Social Security

District Court, S.D. Ohio · Sep 30, 2022

The ALJ's discussion of the applicable factors “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 doing so, ALJ Kenyon plainly assumes the role of medical expert himself, a role he was neither qualified nor permitted to fill. (Doc. 11, PageID 1818.)

Deltro Electric Ltd. v. Electric Power Systems International, Inc.et al

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

Therefore, Deltro’s Amended Complaint alleges facts that establish Deltro’s standing to challenge the validity of EPS’s mechanic’s lien under Ohio law. … Apr. 26, 2018) (“Assuming as true Lunde’s factual allegations regarding Cincinnati’s contractual obligations, she has clearly stated a plausible claim for breach.”)

Shahbabian, M.D. v. Trihealth, Inc.

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

The undersigned has compelled much of the FMV-related discovery that Plaintiff has sought in this case based upon the broad scope of discovery and established (albeit limited) relevance of the documents sought … Although the Court will limit the temporal scope to 2011, Plaintiff’s medical records are relevant not only to Plaintiff’s ADA claim that he is a “qualified individual,” but to his general competency as a surgeon as well

Kiser v. Commissioner of Social Security

District Court, S.D. Ohio · Jun 4, 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 Court also found the ALJ did not clearly explain whether Dr. Singh’s opinions were well-supported by the medically acceptable clinical and laboratory techniques. (Id.).

Geoshack Canada Company v. Hendriks

District Court, S.D. Ohio · Dec 21, 2021

That refusal is an independent breach of the Employment Agreement, and thus independently establishes “for cause” termination. … Because a “net book value of shares” has not been established, GeoShack is not in default.

White v. Commissioner of Social Security

District Court, S.D. Ohio · Apr 22, 2024

To qualify for CDB, a claimant must suffer from a medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not … bsent any specific evidence to the contrary, such as when a claimant makes an on the record request at the hearing to hold the hearing open for post-hearing brief detailing his objection to the VE’s testimony and the ALJ clearly

Newtyn Partners, LP v. Alliance Data Systems Corporation N/K/A Bread Financial Holdings, Inc.

District Court, S.D. Ohio · Mar 20, 2025

Additionally, the PSLRA established a safe harbor for forward-looking statements. See 15 U.S.C. § 78u–5. … “[I]f the statement qualifies as ‘forward-looking’ and is accompanied by sufficient cautionary language, a defendant’s statement is protected regardless of the actual state of mind.” Miller v.

Nathan v. KitchenAid, Inc.

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

Dec. 4, 2019) (dismissing breach of express warranty claim against manufacturer where plaintiff failed to establish privity of contract). … industry, and the defendant in was alleged to have engaged in conduct very similar to Whirlpool’s alleged 11 As to , Whirlpool argues that a “decision of a federal court sitting in Ohio is insufficient to qualify

Olin-Marquez v. Arrow Senior Living Management, LLC

District Court, S.D. Ohio · Feb 17, 2022

In all cases, the plaintiff bears the initial burden of “establishing that jurisdiction exists.” Serras 875 F.2d at 1214. … The latter saw them as clearly problematic; the former did not. See Canaday, 9 F.4th at 400-01, 415-46. That difference in viewpoint, for present purposes, is immaterial.

Love v. The Talbert House

District Court, S.D. Ohio · Aug 18, 2020

The letter clearly put Talbert House on notice that plaintiff was claiming benefits to which she was denied. … In Traughber, the letter sent by the plaintiff’s counsel was not construed as an appeal of the denial of life insurance benefits because the language of the letter was qualified.

Doe No. 1 v.Bethel Local School District Board of Education

District Court, S.D. Ohio · Aug 7, 2023

Thus, “to qualify as a genuine case or controversy, at least one plaintiff must have standing to sue.” Dep’t of Com. v. New York, --- U.S. ---, 139 S. Ct. 2551, 2565 (2019). … “Each plaintiff has the burden ‘clearly to allege facts demonstrating that he is a proper party to invoke judicial resolution of the dispute.’” Crawford v. U.S.

Thompson v. Commissioner of Social Security

District Court, S.D. Ohio · Feb 10, 2021

On October 2, 2018, Plaintiff saw Narcis Papadopol, M.D. to establish a treating relationship. (R. at 1367.) … CE Spindler also performed testing but wrote that Plaintiff was less than cooperative throughout the that portion of the evaluation and he clearly did not make an effort to do well. (Id.)

Diamond Transportation Logistics Inc v. The Kroger Co

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

The movant has the burden of establishing there are no genuine issues of material fact, which may be achieved by demonstrating the nonmoving party lacks evidence to support an essential element of its claim. … In context, the “sole negligence” carve-out is clearly specific to clause (ii). Neither punctuation nor language signal an intent for the carve-out to stand apart from the words that come immediately before it.

Reed v. Columbia Gas Transmission LLC

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

However, Columbia’s motion – which argued that 1952 Lease sets forth the applicable standard of care – clearly anticipated that contractual issues would arise, and they did. … Casto did not opine on the reliability of the survey results obtained by Columbia for the Reeds’ property and in Hocking County, as he stated that he was not qualified to interpret seismic surveys. Id. at 38, 67–68.

Snead v. Commissioner of Social Security

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

Niazi does not qualify as an ‘acceptable medical source’ as defined by 20 CFR 416.902” and “[m]ore importantly, Ms. Niazi’s opinions are highly inconsistent with the objective record.” (Id.) The ALJ reviewed Dr. … 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.