Case law

Brown v. Florida Keys Aqueduct Authority

614 F. Supp. 87 · District Court, S.D. Ohio · Mar 28, 1985

Such a caveat, disclaimer or notification clearly shows that the Defendant had no reasonable anticipation, based upon its non-dealings with the state of Ohio, of being brought into court in this state. … otherwise) that process in this case was improper, having been effected pursuant to Fed.R.Civ.P. 4(e)(2)(C)(ii), rather than pursuant to Fed.R.Civ.P. 4(d)(6), in view of the fact that the Defendant is a governmental body established

Larson v. Eppinger

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

The plaintiff need not allege facts establishing a prima facie case at the pleading stage. Id. (citing Swierkiewicz v. … Second, a reasonable inference can be made from the pleadings that Plaintiff is a “qualified individual” under Title II.

Volvo GM Heavy Truck Corp. v. Key GMC Truck Sales, Inc.

773 F. Supp. 1033 · District Court, S.D. Ohio · Apr 29, 1991

As the Court reads the PSA, this interpretation directly conflicts with the clearly written provisions of that contract. See, e.g., doc. 1, exb. … Because Key was not such a "full line” dealer, and operated instead pursuant to a limited PSA, *1037 it was not qualified to obtain similar discounts. See id. 1 .

Benjamin v. Schuller

400 F. Supp. 2d 1055 · District Court, S.D. Ohio · Dec 1, 2005

The Court of Claims has determined that Schuller, Bloomfield, and other OSU employees are entitled to qualified immunity. … Because the Court finds that Plaintiff cannot prove that he was qualified for the position, Plaintiff has no prima facie case of employment discrimination.

Haning v. Hartford Life & Accident Insurance

140 F. Supp. 3d 654 · District Court, S.D. Ohio · Sep 30, 2015

To the extent [they] can be established by ‘objective’ evidence, Plaintiffs medical records do reveal ‘objective’ clinical observations.”). … Id. at 622 ; see also Kalish, 419 F.3d at 513 (concluding that where claimants have clearly established their disability, the appropriate remedy is an immediate award of benefits rather than a remand to consider previously

Huffer v. Herman

168 F. Supp. 2d 815 · District Court, S.D. Ohio · Apr 9, 2001

and set aside agency action, findings, and conclusions found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity … Since Defendants are asserting the existence of a settlement agreement, they have the burden of establishing the elements of a contract.

Jordan v. Greater Dayton Premier Management

9 F. Supp. 3d 847 · District Court, S.D. Ohio · Mar 28, 2014

Moreover, the content is clearly relevant to GDPM’s decision to stop sending audiotapes to Jordan. Exhibit E is therefore admissible. … It is clearly in the public interest for the Court to enforce compliance with federal law prohibiting discrimination on the basis of disability.

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

Corbett v. Beneficial Ohio, Inc.

847 F. Supp. 2d 1019 · District Court, S.D. Ohio · Mar 14, 2012

Stelzer; 174 Ohio App.3d 84 , 2007-Ohio-6215 , 880 N.E.2d 967, ¶ 12 , the court held, “under the plain language of the CSPA, one who engages in the business of buying or selling mortgages qualifies as a ‘dealer in intangibles … In the Court’s view, this language clearly applies to repossession companies, but not to mortgage companies like Beneficial Ohio.

Hill

District Court, S.D. Ohio · Jul 31, 2026

Finally, it should be noted that Judge Serrott is entitled to absolute immunity from civil liability. Judges are entitled to absolute immunity from suit when acting within the scope of their duties. See Pierson v. … Ray, 386 U.S. 547, 553-54 (1967) (judges immune); Mireles v.

Weller v. Titanium Metals Corp.

361 F. Supp. 2d 712 · District Court, S.D. Ohio · Mar 21, 2005

On essentially these facts, Defendant continues to assert that “(1) Plaintiff still cannot establish a prima facie case of age discrimination because he cannot show that he was qualified for his position.” … In Cline we cautioned that district courts must not use the “qualified” element of the prima fa-cie case to heighten the plaintiffs initial burden.

Lavapies v. Bowen

687 F. Supp. 1193 · District Court, S.D. Ohio · May 24, 1988

Peer review of doctors is an established procedure for determining qualifications for staff privileges. … In establishing HMSA’s, Congress authorized the Secretary to promulgate regulations establishing the criteria for their designation. 42 U.S.C. § 254e(b).

El-Bey v. Sylvester

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

Defendants are not Entitled to Qualified Immunity Defendants argue that they are entitled to qualified immunity for any claims of monetary damages against them in their individual capacities. … To overcome a motion to dismiss based on qualified immunity, Plaintiff must “plausibly allege facts showing (1) that [the Officers] violated a statutory or constitutional right, and (2) that the right was ‘clearly established

Rover Pipeline LLC v. Zwick

District Court, S.D. Ohio · Mar 24, 2022

As a threshold matter, Defendants responded that they are entitled to qualified immunity from Rover’s alleged constitutional claims, as the alleged conduct does not violate any clearly established rights viewed under the … City of Covington, 933 F.2d 390, 392 (6th Cir. 1999) (holding that once the defense of qualified immunity is asserted, the burden shifts to the plaintiff to show defendants are not entitled to qualified immunity)).

Lieberman v. Husted

900 F. Supp. 2d 767 · District Court, S.D. Ohio · Oct 25, 2012

He first argues that because Plaintiffs initially failed to seek a judicial determination of statutory immunity in the Ohio Court of Claims, this Court lacks jurisdiction over the wrongful termination claim. … Nevertheless, because Plaintiffs have failed to establish a likelihood of success on the merits of their claims, and have failed to establish irreparable harm, this factor does not constitute an adequate basis for granting

Kolle v. Kyle

District Court, S.D. Ohio · Apr 20, 2021

Immunity As established, the Court must dismiss the complaint, or any portion of it, that seeks monetary relief from a defendant who is immune from such relief … Plaintiff has not established irreparable harm.

Gruenbaum v. Werner Enterprises, Inc.

270 F.R.D. 298 · District Court, S.D. Ohio · Oct 7, 2010

Plaintiff argues that the Investigation File, i.e., the attorney notes, does not qualify as work product because it was prepared in the regular course of business. … Mullen, are not immune from depositions, “[discovery from an opposing counsel is ‘limited to where the party seeking to take the deposition has shown that (1) no other means exist to obtain the information ...; (2) the information

Meade v. Pension Appeals & Review Committee

760 F. Supp. 671 · District Court, S.D. Ohio · Apr 2, 1991

In support of his application, the plaintiff submitted a notice from the Social Security Administration, indicating that he had been declared a qualifying recipient for Social Security Benefits. … Therefore, when the plaintiff re-filed his application in 1985, the burden was on him to refute the medical facts previously established in 1981.

Subler Transfer, Inc. v. United States

396 F. Supp. 762 · District Court, S.D. Ohio · Jan 21, 1975

substantial evidence” are contained, for the purpose of the issuance of certificates of public convenience and necessity, in § 207(a) of the Interstate Commerce Act: 7 Subject to section 210, a certificate shall be issued to any qualified … This evidence, taken as a whole, clearly amounts to “substantial evidence.”

Holmes v. KE Gutridge, LLC

District Court, S.D. Ohio · Mar 26, 2025

However, his texts do establish that Defendants knew that A.H. was being seen at a rheumatology clinic, that she was on medication that suppressed her immune system, and that Mr. … Mapes and the doctor’s notes he provided for A.H.’s appointments establish that Defendants knew that: (i) A.H. had multiple appointments at the rheumatology clinic; (ii) she was taking medication that lowered her immune