Case law

John Orton v. Johnny's Lunch Franchise, LLC

668 F.3d 843 · Court of Appeals for the Sixth Circuit · Feb 21, 2012

Orton explained how Calamunei qualifies as an employer under § 203(d) when one applies the law of this Circuit 2 and argued that the defendants failed to meet their burden of establishing that Orton was exempt during the … Prior to a ruling, Orton *846 sought leave to file a second amended complaint to add further allegations that would more clearly refute the affirmative defense of exemption and establish Calamunci’s status as an employer.

S.S. v. Eastern KY Univ

Court of Appeals for the Sixth Circuit · Jul 2, 2008

immunity. … And because we have concluded that Vance and Rini did not violate S.S.’s right to equal protection, we have no need to discuss the availability of qualified immunity for the No. 06-6165 S.S. v.

Bessie Jones v. City of Cincinnati

Court of Appeals for the Sixth Circuit · Nov 29, 2012

The district court denied qualified and statutory immunity on four claims. … right clearly established at the time of the incident? Brosseau v. Haugen, 543 U.S. 194, 198 (2004). A court need not address these steps sequentially. Pearson, 555 U.S. at 236. A.

Clark Regional Medical Center Pattie A. Clay Hospital v. United States Department of Health and Human Services

314 F.3d 241 · Court of Appeals for the Sixth Circuit · Dec 11, 2002

It is undisputed that the Plaintiffs qualify as urban hospitals. … Procedural Background Clark Regional qualified for the DSH adjustment for fiscal years 1992 through 1995; Clay qualified for the adjustment for fiscal years 1993 through 1995.

Sierra Club v. Hickel

467 F.2d 1048 · Court of Appeals for the Sixth Circuit · Sep 22, 1972

)(3) of this section) unless (1) the Secretary of the Interior determines after consultation with the Migratory Bird Conservation Commission that such lands are no longer needed for the purposes for which the System was established … Such a declaration of the rights of the respondent vis-á-vis the United States would clearly have been beyond the court’s jurisdiction.” Id. p. 689 fn. 9, 69 S.Ct. p. 1461.

Todd Zambetti v. Cuyahoga Community College and Clayton Harris

314 F.3d 249 · Court of Appeals for the Sixth Circuit · Dec 19, 2002

Green, 411 U.S. 792, 802 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), to establish a prima facie case of race discrimination, the plaintiff must demonstrate four things: (i) he is a member of a racial minority; (ii) he was qualified … The district court held that “even assuming that the SAC found that Zambetti was substantially more qualified than Bibb, Harris’s decision to promote Bibb over Zambetti does not establish pretext.”

United States v. Robert H. Gullett (81-1536), Marvin Fox (81-1537)

713 F.2d 1203 · Court of Appeals for the Sixth Circuit · Aug 31, 1983

Although Leich had been granted informal immunity by the federal prosecutors, this immunity did not extend to testimony regarding his acts of bribery. … The defendants also contend that the district court should have instructed the government to immunize Leich.

Ouida Sue Parker v. Metropolitan Life Insurance Company, Schering-Plough Corporation, and Schering-Plough Health Care Products, Inc.

99 F.3d 181 · Court of Appeals for the Sixth Circuit · Oct 25, 1996

Parker’s benefits based on the categorization of her disability as “nervous/mental” clearly meets that standard. Ms. … Insurance products clearly fall within the common and ordinary meaning of the term “goods,” and the provision of insurance coverage clearly falls within the common and ordinary meaning of the term “service.”

Corvin English v. George Kral

Court of Appeals for the Sixth Circuit · Oct 3, 2025

Clearly Established Right. … To overcome qualified immunity, English must also show that his right to be free from this type of force was clearly established at the time of the alleged violation.

Harllel B. Jones v. Robert Shankland

800 F.2d 77 · Court of Appeals for the Sixth Circuit · Oct 20, 1986

Finally, he argues that the county defendants were not immune from suit. *80 II. … The foregoing actions appear to us to be clearly within the scope of immunity contemplated by the Supreme Court in Imbler .

Navistar, Inc. v. Terry Forester

767 F.3d 638 · Court of Appeals for the Sixth Circuit · Sep 12, 2014

The BLBA establishes a rebuttable No. 13-3994 Navistar v. Forester, et al. … “To qualify as a ‘miner,’ an individual must establish that: (1) he worked in or around a statutorily defined coal mine (the ‘situs’ test), . . . and (2) his duties involved the extraction or preparation of coal, or involved

John McGlone v. Robert Bell

681 F.3d 718 · Court of Appeals for the Sixth Circuit · Apr 23, 2012

-21-  QUALIFIED IMMUNITY The district court erroneously dismissed the TTU officials in their individual capacities based on their qualified immunity. … , and (2) whether that right was clearly established.”

Whittington v. Milby

928 F.2d 188 · Court of Appeals for the Sixth Circuit · Mar 14, 1991

We have previously held, however, that the parties to an appeal may waive the separate judgment requirement where three conditions have been met: first, the district court must “ ‘clearly evidence[ ] its intent that the opinion … It is well settled that “Con *194 gress [did not] intend[ ] by the general language of § 1983 to override the traditional sovereign immunity of the States.” Quern v.

Bueno v. Mattner

829 F.2d 1380 · Court of Appeals for the Sixth Circuit · Sep 30, 1987

It concluded that defendants did not qualify for the exemption because non-family members performed farm labor contracting activities for the farm. … Benavides performed farm labor contracting activities on their behalf is not clearly erroneous.

Scott v. Stone

254 F. App'x 469 · Court of Appeals for the Sixth Circuit · Nov 13, 2007

Qualified immunity The defendants have also not established that they are entitled to qualified immunity. … established for purposes of qualified immunity.

Nancy A. Farmer v. United States

794 F.2d 1163 · Court of Appeals for the Sixth Circuit · Jul 15, 1986

The IRS concluded that the plaintiff qualified for relief from the assessment for 1973, but that she did not qualify with respect to 1974 and 1975. … Plaintiff’s claim for refund was clearly subject to the percentage limitation of section 6013(e)(4). *1168 The judgment of the district court is affirmed. 1 .

Tilford Youngblood v. John W. Dalzell v. Cincinnati Firefighters Union, Intervenor-Appellant

804 F.2d 360 · Court of Appeals for the Sixth Circuit · Nov 7, 1986

The appellees, pointing out that paragraph 27 requires the city to use a system for promoting qualified minority firefighters, state that the decree clearly authorizes affirmative remedies. … Instead, it established a goal of having a workforce in the Division of Fire that would be 18% black by 1980.

National Labor Relations Board v. United Ass'n of Journeymen & Apprentices

424 F.2d 390 · Court of Appeals for the Sixth Circuit · Apr 8, 1970

, maintained, or assisted by any action defined in subsection (a) of this section as an unfair labor practice) because (1) the majority status of such labor organization has not been established under the provisions of section … In consideration of the foregoing Agreement by the Employer, the Unions agree to furnish competent and qualified applicants for reference when requested, as provided in the above paragraph, upon a nondis-eriminatory basis

John Maniaci v. Michael D. Schwartz Connie K. Duboise Edna Miller

25 F.3d 1049 · Court of Appeals for the Sixth Circuit · May 11, 1994

25 F.3d 1049 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished … While Maniaci did concede that while Judge Schwartz "is clearly immune from damages," the latter was alleged to be continuing to act in violation of his "constitutional rights."

Brandenburg v. Aetna Life Insurance

28 F. App'x 416 · Court of Appeals for the Sixth Circuit · Jan 22, 2002

The record establishes that Taulbee did not provide written notice of permanent and total disability to Aetna within twelve months following the date that he ceased active work for Arch. … The Taulbees have therefore failed to establish that Taulbee qualified for the premium waiver benefit, regardless of when Aetna was given notice that the claim for the benefit was being made.