Case law

United States v. Roger L. Whitesel

543 F.2d 1176 · Court of Appeals for the Sixth Circuit · Oct 22, 1976

The facts proved before the District Court established that in 1972 Whitesel filed an IRS 1040 Individual Tax Return containing on page 1 of the return: “Under protest. … This contention is clearly frivolous. United States v. Daly, 481 F.2d 28, 30 (8th Cir.), cert. denied, 414 U.S. 1064 , 94 S.Ct. 571 , 38 L.Ed.2d 469 (1973).

Novak v. MetroHealth Medical Center

503 F.3d 572 · Court of Appeals for the Sixth Circuit · Sep 28, 2007

not qualify for leave under any policy. … First, she alleges that her back injury was an FMLA-qualifying condition and that her submitted certification forms sufficiently established the existence of her condition.

Zielasko v. The State Of Ohio

873 F.2d 957 · Court of Appeals for the Sixth Circuit · May 3, 1989

Her alleged injury lies in being precluded from advancing Zielasko's candidacy. 7 The district court also found that Ohio was not entitled to dismissal based on eleventh amendment immunity. … The candidate eventually can satisfy these requirements by waiting until she reaches the minimum age, by establishing residency or by timely filing her petition.

Gerald Werth v. Thomas Bell

692 F.3d 486 · Court of Appeals for the Sixth Circuit · Aug 28, 2012

The district court granted a certificate of appealability on the question of whether the Michigan courts violated clearly established federal law in holding that a defendant may challenge the denial of his request to represent … This argument fails, first, because Werth points to no clearly established Supreme Court precedent that acknowledges such an exception to the Tollett rule.

Woods v. FacilitySource, LLC

640 F. App'x 478 · Court of Appeals for the Sixth Circuit · Feb 3, 2016

Ability to communicate clearly with customer and vendors through conversation and writing. … Failure to Promote In order to establish a prima facie case of failure to promote, a plaintiff must prove that: (1) [he or] she is a member of a protected class; (2) [he or] she applied for and was qualified for a promotion

Joseph Casias v. Wal-Mart Stores, Inc.

695 F.3d 428 · Court of Appeals for the Sixth Circuit · Sep 19, 2012

In response, Defendants contend that Plaintiff failed to establish a colorable claim because Defendant Estill had no involvement in Plaintiffs termination. … Such a broad extension would also run counter to other Michigan statutes that clearly and expressly impose duties on private employers when the duties imposed fundamentally affect the employment relationship.

Veronica Presnall v. William Huey

657 F. App'x 508 · Court of Appeals for the Sixth Circuit · Sep 22, 2016

At the same time, we must account for the qualified immunity defense of the officers: that the claimant may obtain relief only if the officers violated her son’s Fourth Amendment rights and violated “clearly established … The problem with these claims is that Michigan law grants police officers “qualified immunity for intentional torts” if (1) “the employee’s challenged acts were undertaken during the course of employment and . . . the

Catherine Wilkerson v. Kevin Warner

545 F. App'x 413 · Court of Appeals for the Sixth Circuit · Oct 31, 2013

Katz, 533 U.S. 194, 201 (2001).4 The second prong is to determine whether the right was clearly established. Id. … Qualified immunity does not apply to shield the officer if a claim meets both prongs.

Pearce v. United States

261 F.3d 643 · Court of Appeals for the Sixth Circuit · Aug 23, 2001

Because no breach of duty occurred, the plaintiffs could not establish the second element of their admiralty negligence claim. … . §§ 70-7-101 through 70-7-104, immunized the Corps from liability, even if it was negligent.

Gary Faries v. Director, Office of Workers' Compensation Programs, United States Department of Labor

909 F.2d 170 · Court of Appeals for the Sixth Circuit · Jul 26, 1990

However, Mullins further held that one item of qualifying evidence was not always sufficient to invoke the interim presumption. … Accordingly, we find that the AU’s 1985 decision clearly applied and satisfied the dictates of the subsequent Mullins decision.

Sussex Engineering, Ltd. v. Montgomery

825 F.2d 1084 · Court of Appeals for the Sixth Circuit · Aug 11, 1987

It is undisputed that there are currently insufficient “qualified” American automotive design engineers to satisfy the demands of the auto companies. … We cannot say that either standard is a more clearly correct interpretation of the statute than the other.

Heald v. Engler

342 F.3d 517 · Court of Appeals for the Sixth Circuit · Aug 28, 2003

[The law’s] invalidity is fully established by its facial But, because North Dakota did not involve a Commerce discrimination against interstate commerce . . . . … unless the burden imposed on such commerce is clearly Limbach, 486 U.S. 269, 278 (1988) (citations omitted). excessive in relation to the putative local benefits. . . .

Coursey v. Commissioner of Social Security

843 F.3d 1095 · Court of Appeals for the Sixth Circuit · Dec 14, 2016

attorney fees shall not be awarded in excess of $125 per hour unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys … In this case, Coursey established that the cost of living had, in fact, increased significantly.

Clarence F. Davis v. Combustion Engineering, Inc.

742 F.2d 916 · Court of Appeals for the Sixth Circuit · Aug 16, 1984

Appellant’s first contention is that the trial court erred in qualifying Professor Thomas E. … For example, the award of front pay to a discriminatorily discharged 41 year old employee until such time as he qualifies for a pension might be unwarranted.

United States v. Emmanuel Gyamfi

805 F.3d 668 · Court of Appeals for the Sixth Circuit · Nov 4, 2015

The description also does not qualify as a legal conclusion. … is reactionary in nature could qualify as a character trait.

Jaimie Rager v. McMinn County

Court of Appeals for the Sixth Circuit · Aug 2, 2023

Rager bears the burden of establishing that Saxe is not entitled to qualified immunity. See Johnson v. … As a result, he is entitled to qualified immunity on Rager’s failure-to-protect claim. Failure to Train. Officer Saxe next challenges the denial of qualified immunity on Rager’s failure-to-train claim.

Youghiogheny & Ohio Coal Company v. Baker

815 F.2d 422 · Court of Appeals for the Sixth Circuit · Apr 3, 1987

Forsyth applies only when a party is immune from suit, not when the alleged immunity is only from liability. See Marrical v. The Detroit News, Inc., 805 F.2d 169, 172-73 (6th Cir.1986). … The issue here is transfer of liability, not entitlement not to be sued, and the transfer issue is clearly reviewable on appeal from a final judgment determining the merits of the case.

Anthony Rorrer v. City of Stow

743 F.3d 1025 · Court of Appeals for the Sixth Circuit · Feb 26, 2014

First, the plaintiff must establish a prima facie case by showing “that he is disabled and otherwise qualified for the position, either with or without reasonable accommodation.” Keith v. … Establishing a prima facie case of retaliation is a “low hurdle.”

Melvin Burns v. Coca-Cola Enterprises, Inc. Knoxville Coca-Cola Bottling Company, Inc.

222 F.3d 247 · Court of Appeals for the Sixth Circuit · Jul 24, 2000

In order for a qualified individual with a disability to establish a prima facie case of discrimination under the ADA, he must show that: (1) [he] is a disabled person within the meaning of the Act; (2) [he] is qualified … Because Burns failed to request a transfer to another position within the Company that he was qualified to perform, Burns failed to establish that he is a qualified individual with a disability entitled to recover under the

Stella Townsend, Wolodymyr Cybriwsky Dodd D. Dixon, Plaintiff's Attorneys-Appellants v. Commissioner of Social Security

415 F.3d 578 · Court of Appeals for the Sixth Circuit · Jul 20, 2005

The EAJA provides that prevailing parties in certain federal court proceedings may recover attorney fees and costs from the government, In order .to qualify for such reimbursement, however, the EAJA requires that “[a] party … Federal Rule of Appellate Procedure 4(a) establishes that, in a civil case to which a federal officer is a party, the time for appeal ends sixty days after entry of judgment.