Case law

Chesapeake & O. Ry. Co. v. Vigor

17 F. Supp. 602 · District Court, S.D. Ohio · Dec 29, 1936

Thus it becomes clearly apparent that the defendant herein is attempting to exercise a legal right expressly conferred upon her by federal statute. … After all, the courts of this district are qualified only by the fact that the plaintiff corporation does business here.

Roshon v. Eagle Research Grp., Inc.

314 F. Supp. 3d 852 · District Court, S.D. Ohio · May 29, 2018

In a dispute over whether an employee is exempt from the FLSA's overtime requirement, the employer bears the burden of establishing that the employee qualifies for the exemption. Martin v. Ind. Mich. … The Sixth Circuit then examined the text of 29 C.F.R. § 541.602 (a), and explained that the text "does not tell us what to do when an employee's salary is not clearly calculated 'on a weekly, or less frequent basis.' " Id

Brown v. Cool

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

The Undersigned considers each claim in turn, as well as Defendants’ qualified immunity defense. 1. … Since the Defendants have raised the qualified immunity defense, Plaintiff bears the burden of showing that Defendants are not entitled to qualified immunity. Johnson v.

Williams v. Wilkinson

132 F. Supp. 2d 601 · District Court, S.D. Ohio · Feb 20, 2001

Knox’s claim for legal relief, the court determined that the defendants were entitled to qualified immunity. … Second, the Knox court further found that use of the black box was not a clearly established unconstitutional practice.

Kramer v. Windsor Park Nursing Home, Inc.

943 F. Supp. 844 · District Court, S.D. Ohio · Sep 10, 1996

In order to establish a prima facie case of disability discrimination, the plaintiff must show that: “1) he or she is disabled, 2) is otherwise qualified for the job, with or without reasonable accommodation, 3) suffered … Kramer cannot be “otherwise qualified” because she stated that she could no longer work.

Jabbar v. United States Postal Service

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

As such, the USPS “enjoys federal sovereign immunity absent a waiver.” Dolan v. USPS, 546 U.S. 481, 484 (2006). “Sovereign immunity is jurisdictional in nature . . . … Although the Federal Tort Claims Act (“FTCA”)—which applies to tort claims arising out of activities of the USPS—provides a waiver of sovereign immunity as to the USPS in some cases, it also qualifies 13 categories of claims

Viciedo v. New Horizons Computer Learning Center of CoLumbus, Ltd.

246 F. Supp. 2d 886 · District Court, S.D. Ohio · Feb 26, 2003

Retail or Service Establishment To qualify for the retail-service exemption to the overtime wage requirement, the employee must be an employee of a retail or service establishment. … Hence, in hght of Martin’s recognition that schools that serve the everyday needs of the community are retail or service es-tabhshments, NHC qualifies as a retail or service establishment under the FLSA.

Copaz Packing Co. v. United Food & Commercial Workers, Local 7A

591 F. Supp. 1502 · District Court, S.D. Ohio · Aug 13, 1984

Enterprise Wheel & Car Corp., 363 U.S. 593 , 80 S.Ct. 1358 , 4 L.Ed.2d 1424 (1960) established the rule that the “refusal of courts to review the merits of an arbitration award is the proper approach to arbitration under … Here, as in Morgan Services, the just cause provision is qualified by a clause providing the penalty of discharge for specified misconduct.

Thomas v. City of Circleville

District Court, S.D. Ohio · Feb 18, 2025

Officer Speakman also argues that he is entitled to qualified immunity. Because the Court finds that Mr. … Thomas’s First Amendment retaliation claim fails as a matter of law, the Court need not determine whether Officer Speakman is entitled to qualified immunity. A. Mr.

Perry

District Court, S.D. Ohio · May 12, 2026

But, the language of the APA clearly states that its waiver of sovereign immunity only applies to suits “seeking relief other than money damages.” 5 U.S.C. § 702. Perry only seeks money damages. … Although not as clearly meritless as her APA argument, Perry has likewise failed to allege a waiver of Defendant’s sovereign immunity under Title VII.

Regenold v. Ohio State Board of Education

District Court, S.D. Ohio · Jul 9, 2021

Ross, 765 F.3d 649, 665 (6th Cir. 2014) (“[P]ersonal immunity defenses, such as absolute immunity or qualified immunity, are not available to government officials defending against suit in their official capacities … Defendants bear the burden of establishing legislative immunity. Canary v. Osborn, 211 F.3d 324, 328 (6th Cir. 2000).

D'ANTONIO v. United States

626 F. Supp. 1 · District Court, S.D. Ohio · Feb 4, 1983

. §§ 1346 , 2671 et seq. and the National Swine Flu Immunization Program Act, 42 U.S.C. § 247b. This suit was filed on April 11, 1980. … This is based on his observation that people respond differently to an antigen depending on that individual’s particular immune system.

Taber v. Christ Hospital

723 F. Supp. 1236 · District Court, S.D. Ohio · Oct 11, 1989

It is essential to the administration of justice that a court exercise its discretion in a consistent manner, therefore, finding no clearly articulable reason to make an exception to this Court’s previous rulings in other … This Court is mindful that the plaintiff applied for that particular position, was recommended for it, may have been qualified for it, but was not selected.

Miller v. Allstate Insurance Company

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

Although the Court accepts Defendant’s denial letter as part of the pleadings, the factual assertions in that letter must be proven with evidence, and are not established facts. … immunity” (emphasis added)).

H.C. and Y.C. v. DeWine

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

A state's plan must also provide for the establishment or designation of a state authority that is responsible for establishing and maintaining licensing standards for foster family homes, and those standards … There are, however, three exceptions to a state's Eleventh Amendment immunity: when the state has consented to suit; when Congress has clearly and expressly abrogated the state's immunity; and when the exception set forth

MANGO v. City of Columbus

District Court, S.D. Ohio · Sep 3, 2020

However, the immunity is qualified when 5 “In determining whether an official is entitled to prosecutorial immunity, th[e] court employs a ‘functional approach’ and looks to the ‘nature of the function performed, … malfeasance destroys a qualified privilege.

Campbell v. Butler County Jail

District Court, S.D. Ohio · Sep 9, 2025

An action has no arguable legal basis when the defendant is immune from suit or when plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327. … A municipality qualifies as a “person” subject to liability under § 1983. Id.

Alford v. Pressley

District Court, S.D. Ohio · Sep 25, 2025

Univ., 938 F.3d 281, 302 (6th Cir. 2019) (“We note, however, that qualified immunity ‘only immunizes defendants from monetary damages’—not injunctive or declaratory relief.”). … The “burden of proving that the circumstances ‘clearly demand’ such an extraordinary remedy is a heavy one” since the party seeking “the injunction must establish its case by clear and convincing evidence.’” Id.

Muse v. Central States, Southeast & Southwest Areas Health & Welfare & Pension Funds

227 F. Supp. 2d 873 · District Court, S.D. Ohio · Oct 23, 2002

On February 9, 2000, Plaintiff was informed that his daughter did not qualify for the Plan. … This language clearly and unambiguously vests the Trustees with discretion to interpret the Plan documents and to determine eligibility for benefits.

Taylor Building Corp. of America v. Benfield

507 F. Supp. 2d 832 · District Court, S.D. Ohio · Jun 15, 2007

Second, Benfield argues that, even if Taylor could establish the requisite elements of libel, he is entitled to the defense of qualified privilege. (Doc. 13 at 6.) … Benfield clearly hoped to drive customers away from Taylor by posting his complaints about the home builder. Thus, it is arguable that he intended to cause Taylor economic harm.