Case law

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.

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.

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.

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

Lynette Chapman v. The Higbee Company, D/B/A Dillard Department Stores, Inc.

319 F.3d 825 · Court of Appeals for the Sixth Circuit · Feb 11, 2003

limitations into the statute. 18 We may, however, look past the plain language of a statute where: (1) the plain language creates inconsistencies within the statute itself, (2) application of the plain language runs contrary to clearly … To this extent it is an impediment to interpretation. 43 Id. 44 Like most rules in law, however, this bedrock principle of statutory construction is qualified, as reflected in an early invocation of the doctrine: 45 If the

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.

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.

Commissioner of Internal Revenue v. Spermacet Whaling & Shipping Co., S/A

281 F.2d 646 · Court of Appeals for the Sixth Circuit · Aug 10, 1960

Respondent did not at any time prior to April 30, 1948, have an office in the United States, nor was it qualified to do business in any state in the United States. … Accordingly, in the present case, we construe the ultimate findings of the Tax Court, drawn from undisputed or established subsidiary findings, as findings of fact which are not to be set aside unless clearly erroneous.

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. . . .

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

John Sandul, Robert Sandul, and Devona Sandul v. Timothy Larion, Sgt. Robert Stevenson, and Sgt. Lawrence Little

52 F.3d 326 · Court of Appeals for the Sixth Circuit · Apr 11, 1995

52 F.3d 326 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 … Accordingly, we remand to the district court the question of whether the arrest was in violation of John Sandul's rights and whether, if it was, Officer Larion is entitled to qualified immunity. 13 We agree with the district

Kevin Campbell v. Daniel Mack

Court of Appeals for the Sixth Circuit · Jun 4, 2019

was clearly established.” … Qualified Immunity “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

Reese v. State of Michigan Family Independence Agency

31 F. App'x 172 · Court of Appeals for the Sixth Circuit · Mar 7, 2002

To establish a prima facie case of employment discrimination, Reese must show that: (1) he is a member of a protected class; (2) he was subjected to an adverse employment action; (3) he was qualified for the position; and … He is clearly a member of a protected racial class.

Haas v. Quest Recovery Services, Inc.

174 F. App'x 265 · Court of Appeals for the Sixth Circuit · Mar 27, 2006

Thus, the Canton Municipal Court judge clearly was acting both within his jurisdiction and within his judicial capacity when he issued an order sentencing Haas to two six-day driver intervention programs. … It is well established that “an unconsenting State is immune from suits brought in federal courts by her own citizens as well as by citizens of another state.” Pennhurst State Sch. & Hosp. v.

Zamlen v. City of Cleveland

906 F.2d 209 · Court of Appeals for the Sixth Circuit · Jul 30, 1990

In contrast, tests administered on a pass/fail basis allow employers to select candidates from a pool of qualified applicants. … Sec. 1607.4D (1985), that she was less than four-fifths as likely to be hired as an equally qualified man 6 29 C.F.R.

Hunter v. Smith

110 F.3d 64 · Court of Appeals for the Sixth Circuit · Mar 27, 1997

state district court were entitled to qualified immunity; and 5) whether the City of Ann Arbor failed to establish an adequate and constitutionally acceptable policy for executing searches and seizures, thereby exposing the … These officers were entitled to qualified immunity because they could have reasonably believed their conduct was lawful, in light of clearly established law and the information they possessed at the time of the search and

William Tennial v. United Parcel Serv.

840 F.3d 292 · Court of Appeals for the Sixth Circuit · Oct 24, 2016

To establish a prima facie case of disability discrimination, “a plaintiff must show that 1) he or she is disabled; 2) otherwise qualified for the position, with or without reasonable accommodation; 3) suffered an adverse … This ruling was not clearly erroneous because key differences between this case and Bobo support the district court’s conclusion.

Nevins v. Curtiss-Wright Corp.

172 F.2d 535 · Court of Appeals for the Sixth Circuit · Feb 7, 1949

If an employee fails to meet the required standards for the job, he may be reclassified to another occupation for which he can qualify. … All are clearly differentiable from the case at bar.

Cuco v. Federal Medical Center

257 F. App'x 897 · Court of Appeals for the Sixth Circuit · Dec 13, 2007

The government filed a motion to dismiss, or, in the alternative, a motion for summary judgment, on the grounds of sovereign and qualified immunity and the statute of limitations. … immunity.

United States v. Donnell Young

424 F.3d 499 · Court of Appeals for the Sixth Circuit · Sep 29, 2005

Specifically, the district court found “case management” concerns established “good cause” to adopt a dual-jury procedure. … The plain language clearly demands conclusion of the guilt phase prior to application of § 3593(b)(1) — (3).