Case law

Tri County Wholesale Distributors, Inc. v. Labatt USA Operating Co.

66 F. Supp. 3d 974 · District Court, S.D. Ohio · Dec 11, 2014

If notice is not received within this ninety-day period, a franchise relationship is established between the parties. … Plaintiffs cite this authority for the proposition that an entity cannot qualify as a “successor manufacturer” where prior written distribution agreements remain in place after a qualifying transaction under § 1333.85(D).

Wilson v. Moss

537 F. Supp. 281 · District Court, S.D. Ohio · Apr 5, 1982

Fourth Cause of Action, as it is currently constituted, do not establish the presence of a federally protected property right, the Court concludes that the Fourth Cause of Action must be conditionally dismissed for failure … Therein, the Court said: We agree with those courts that have restricted the right of privacy to its boundaries as established in Paul v. Davis, supra, and Roe v.

Klaus v. Hilb, Rogal & Hamilton Co. of Ohio

437 F. Supp. 2d 706 · District Court, S.D. Ohio · Jun 30, 2006

Producers in other divisions needed $55,000 to qualify. … Sentz objected to Overmyer about both the hiring of Welsheimer, because he did not believe he was qualified, and about the termination of Klaus, whom Sentz believed to be highly qualified.

Alford v. Rice

District Court, S.D. Ohio · Apr 16, 2024

An action has no arguable legal basis when the defendant is immune from suit or when the plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327. … A plaintiff can overcome the application of judicial immunity only where: 1) the judge’s acts were clearly non-judicial in nature and therefore outside the scope of the judge’s judicial capacity; or 2) the judge’s actions

Rhoades v. United States of America Department of the Treasury

District Court, S.D. Ohio · Jul 18, 2022

The Rhoades have the burden to establish an “explicit and unequivocal” waiver of sovereign immunity. United States v. Morton, No. 1:16-mc-84, 2016 U.S. Dist. LEXIS 181495, at *4, 119 A.F.T.R.2d (RIA) 2017-362 (W.D. … Because the Rhoades’ state claims clearly arise from the United States’ assessment and collection of taxes against them, and because the United States did not consent to suit for such claims, sovereign immunity operates

Rodgers v. Norfolk Southern Corp.

304 F. Supp. 2d 961 · District Court, S.D. Ohio · Sep 3, 2003

Plaintiff admits that she is also qualified to perform Defendant’s conductor position. (Rodgers Depo. at 22, 23, 88). … Yet the drafters of the ADA and its subsequent interpretive regulations clearly intended that plaintiffs who are mistakenly regarded as being unable to work have a cause of action under the statute....

Donaldson v. City of Dayton Ohio Police Department

District Court, S.D. Ohio · Apr 13, 2023

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. … (pattern) of abuse and was clearly on notice that it existed).

United Dairy Farmers, Inc. v. United States

107 F. Supp. 2d 937 · District Court, S.D. Ohio · May 23, 2000

Clearly, then, based on administrative practice, Revenue Ruling 94-38 is inapplicable to UDF’s situation. … The invoices clearly establish that Ernst & Young did not provide this information to UDF until 1993.

Sweeney v. City of Steubenville

147 F. Supp. 2d 872 · District Court, S.D. Ohio · Jun 15, 2001

The City shall search (or shall contract with a qualified search organization) for a Chief who is qualified to implement this Decree and its objectives, and shall select a Chief with sufficient expertise. … Clearly the United States retains an interest in the continuing enforcement of the Consent Decree.

Jett v. American National Red Cross

3 F. Supp. 3d 695 · District Court, S.D. Ohio · Mar 12, 2014

To establish a prima facie case of age discrimination, Jett must show that (1) she is a member of “a protected group”; (2) she was qualified for the position; (3) she was subject to an adverse employment action; and (4) the … The Sixth Circuit has held that when two positions are consolidated into one position, this “clearly does not meet the definition of replacement.” Wilson v.

Franklin v. Glenwood Behavior Hospital

District Court, S.D. Ohio · Feb 5, 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. … Given that report and evidence that she paid a $605 filing fee in another case on the same day that she initiated this lawsuit, it is unclear whether Plaintiff actually qualifies to proceed in forma pauperis.2 But absent

Federal National Mortgage Ass'n v. Rathgens

595 F. Supp. 552 · District Court, S.D. Ohio · Sep 20, 1984

In furtherance of that goal, Congress established a Mortgage Insurance Program that enabled lenders to offer essentially risk-free mortgages to low income families at terms more favorable than they could get on the market … This account was already delinquent when the qualifying circumstances occurred.

Deters

District Court, S.D. Ohio · Oct 24, 2025

Failure to establish any one element is fatal to a defamation claim. Id. Boulger v. Woods, 917 F.3d 471, 478 (6th Cir. 2019). … The email clearly expressed Porotsky’s concern with an apparent violation of the protective order in the Hamilton County Case.

Dayton Newspapers, Inc. v. Department of the Air Force

35 F. Supp. 2d 1033 · District Court, S.D. Ohio · Mar 31, 1998

These redactions are, in this Court’s opinion, consistent with the law and this exemption which forecloses the release of any information that is personal and private, the disclosure of which would constitute a clearly unwarranted … For example, a patient’s medical records are not immune from disclosure on the sole grounds that the information therein was presented during meetings of a committee designed as part of a medical quality assurance program

Sealy v. Barrett

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

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. … Aug. 20, 2012), (“In the Sixth Circuit, ‘it is well established that judges and other court officers enjoy absolute immunity from suit on claims arising out of the performance of judicial or quasi-judicial functions.’”

Unicorp Financial Corp. v. First Union Real Estate Equity & Mortgage Investments

515 F. Supp. 249 · District Court, S.D. Ohio · Apr 13, 1981

The Court believes that it is unlikely that Unicorp could establish at trial that these statements are false or misleading. … SEC regulations clearly permit the grouping of related matters in a proxy. See, e. g., 17 CFR § 240 .14a-4(b)(l).

Smith v. City of Dayton

830 F. Supp. 1066 · District Court, S.D. Ohio · May 28, 1993

To establish a prima facie case of discrimination in a failure to promote context, a plaintiff must prove: 1) she belongs to a protected group; 2) she was qualified and applied for the promotion; 3) she was considered for … However, Lowe and Smith were not the only qualified applicants in the pool.

Davis v. United States

302 F. Supp. 3d 951 · District Court, S.D. Ohio · Sep 29, 2017

("it is well-established that the affidavit requirement is substantive in nature....") (citing cases). … "Although courts should be careful to respect scientific opinion, nevertheless courts apply a 'hard look' to the reasoning of qualified scientific opinions to determine whether a triable issue has been created."

McDaniel v. Chambers-Smith

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

In any event, even if defendants contend that Officer Donald Grimm, Officer Hanes, Unit Manager Thompson, and John Does 1-10 are entitled to qualified immunity, these defendants would not be entitled to such immunity. … As discussed above, the complaint states plausible Eighth Amendment claims against such defendants, and the law relating to the conditions of plaintiff’s confinement was clearly established at the time of his incarceration

United States ex rel. Sanders v. Allison Engine Co.

196 F.R.D. 310 · District Court, S.D. Ohio · Aug 18, 2000

Information, documents or records otherwise available from other sources are not immune from discovery. See Shipes, 154 F.R.D. at 307 (citing Hollowell v. Jove, 247 Ga. 678 , 279 S.E.2d 430, 434 (1981)). … Additionally, this is a qualified privilege and it can be overcome by showing extraordinary circumstances or special need. See Reichhold Ckem. Inc., 157 F.R.D. at 527 .