Case law

Dill Mfg. Co. v. Goff

125 F.2d 676 · Court of Appeals for the Sixth Circuit · Feb 12, 1942

It is true that the defendants deny all allegations not admitted or qualified, but the defendants allege ownership of the patent and deny plaintiff’s title. … Delpark then analyzes the cases which were urged as qualifying Wilson v.

James D. Back v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare

593 F.2d 758 · Court of Appeals for the Sixth Circuit · Mar 5, 1979

The *762 Secretary’s regulations 4 require a much stronger case, such as massive pulmonary fibrosis, to qualify for benefits. … There is no x-ray interpretation on or about the June 30, 1973 deadline which qualifies Back under § 410.428.

Daniel Price Boisture and Joanne Boisture v. Michigan State Trooper David Service, 723

96 F.3d 1448 · Court of Appeals for the Sixth Circuit · Sep 3, 1996

a violation of a clearly established right. … "clearly established" Eighth Amendment rights.

Volunteer Medical Clinic, Inc. v. Operation Rescue

948 F.2d 218 · Court of Appeals for the Sixth Circuit · Oct 29, 1991

City of Cincinnati, 822 F.2d 1390 (6th Cir.1987), establishes VMC’s right to assert standing on behalf of its patients. … The Supreme Court has clearly held, however, that the defendant’s conduct need not affect every member of the class to make out a § 1985(3) violation.

In Re Elizabeth Hayes Lucas, Debtor. Jane B. Forbes, Trustee v. Elizabeth Hayes Lucas, Holiday Corporation Savings and Retirement Plan

924 F.2d 597 · Court of Appeals for the Sixth Circuit · Feb 13, 1991

If we find that the statutory language is unambiguous, then that language is regarded as conclusive unless there is a clearly expressed legislative intent to the contrary. … In addition to prescribing standards for the funding, management, and benefit provisions of these plans, ERISA also established a system of pension benefit insurance.

Williams v. Cambridge Board of Education

370 F.3d 630 · Court of Appeals for the Sixth Circuit · Jun 4, 2004

The applicability of qualified immunity depends on: 1) whether the facts viewed in a light most favorable to the plaintiffs demonstrate that a constitutional violation occurred; 2) whether the violation involved a clearly … committed acts that allegedly violated clearly established rights."

United States of America, Plaintiff-Appellant/cross-Appellee v. Alfonso G. Angel, Defendant-Appellee/cross-Appellant

355 F.3d 462 · Court of Appeals for the Sixth Circuit · Jan 9, 2004

Despite Angel’s denial, as well as his reluctance to disclose his involvement with the cocaine-trafficking established at trial, the district court found that Angel qualified for a two-point sentence reduction for acceptance … If the evidence in Patton and Pennell was not adequate to establish actual bias, then Chandler’s general comments about the drug laws were certainly not sufficient.

Roseanne Beckert v. Our Lady of Angels Apartments, Inc.

192 F.3d 601 · Court of Appeals for the Sixth Circuit · Sep 27, 1999

Pursuant to guidelines contained in HUD handbook, Occupancy Requirements of Subsidized Multifamily Housing Programs (revised Jan. 19, 1993), OLA established its “tenant selection procedure:” The purpose of the Franciscan … Implicit in the statute, however, is permission for housing sponsors to choose to serve only some qualified constituents while declining to serve others.

Luster v. City of Gallatin

50 F. App'x 189 · Court of Appeals for the Sixth Circuit · Oct 24, 2002

Furthermore, several of these items were clearly within the scope of the court’s order. … Because we conclude that Luster did not create a genuine issue with respect to the reasonableness of the seizure, it is not necessary to evaluate separately Murray’s defense of qualified immunity or the City’s liability under

Kimberley Thames v. City of Westland

Court of Appeals for the Sixth Circuit · Dec 6, 2019

City of Westland sought qualified immunity. … Qualified immunity shields government officials in the performance of discretionary functions from standing trial for civil liability unless their actions violate clearly established rights of which a reasonable person

General Electric Company v. Sargent & Lundy

916 F.2d 1119 · Court of Appeals for the Sixth Circuit · Dec 14, 1990

Therefore the privilege, or immunity, is absolute and the protection that it affords is complete. … The absolute privilege, unlike a qualified privilege, renders the speaker's motives and intent irrelevant in light of the public policy favoring freedom to speak freely and without fear of civil suit and financial hazard.

Krupar v. City of Parma Heights

139 F. App'x 705 · Court of Appeals for the Sixth Circuit · Aug 3, 2005

Krupar had no clearly established constitutional right to immediate hospitalization for his mental health problems. … In evaluating the threshold legal questions regarding qualified immunity, the district court relied on facts that had been conceded by the plaintiffs.

Peltier v. United States

388 F.3d 974 · Court of Appeals for the Sixth Circuit · Oct 28, 2004

For example, Peltier’s unique access to the sensitive information that the agency suspected was leaked – particularly the information concerning the Ramada Inn, which was noted on the napkin in the suspect’s residence – clearly … In order to establish a prima facie case of disability discrimination under the Rehabilitation Act, Peltier must show that: (1) she is a disabled person under the Act; (2) she is otherwise qualified; and (3) she was denied

Denise C. Klemencic v. Ohio State University, Thomas Ed Crawford James L. Jones

263 F.3d 504 · Court of Appeals for the Sixth Circuit · Aug 27, 2001

Klemencic’s and Ohio State’s summary judgment motions; b) granted Jones’s and Crawford’s motions to dismiss the Title IX claims against them; c) granted Jones’s motion to dismiss the § 1983 claim against him; d) denied Crawford qualified … immunity under § 1983, which we affirmed in Klemencic v.

Nationwide Mutual Insurance Company v. The Home Insurance Company

278 F.3d 621 · Court of Appeals for the Sixth Circuit · Jan 28, 2002

Home next argues that the arbitration panel colluded with Nationwide in attempting to immunize the security decision from review. … Second, even the panel member selected by Home joined in the decision to order security for any damages that Nationwide might establish.

Bill Lawson v. Secretary of Health and Human Services

688 F.2d 436 · Court of Appeals for the Sixth Circuit · Sep 16, 1982

the presumption created by the positive reading by a qualified examining physician. … This is especially true because black lung often cannot be clearly diagnosed by either X-ray or other tests. 5 .

Estate of Henry P. Lipman, Deceased, John F. Dodd, and Estate of Lillian R. Lipman, Deceased, Alma R. Marston v. United States

376 F.2d 455 · Court of Appeals for the Sixth Circuit · May 4, 1967

It recites that husband-taxpayer desired to retire as an officer and director of the Corporation (other evidence establishes him to have then been 75 years of age and in failing health), and further recites a debt owing by … The findings and conclusions of the district judge being supported by substantial evidence and not being clearly erroneous (Whipple v.

June M. Betts v. Hamilton County Board of Mental Retardation and Developmental Disabilities and Public Employees Retirement System of Ohio

897 F.2d 1380 · Court of Appeals for the Sixth Circuit · Jun 12, 1990

The dissenters viewed the majority decision with alarm feeling that it “immunizes virtually all employee benefit programs from liability” under ADEA. 109 S.Ct. at 2869 . … The district court, therefore, was clearly erroneous in the basis for deciding that Betts was forced to retire.

United States v. Miami University Ohio State University, the Chronicle of Higher Education, Intervening

294 F.3d 797 · Court of Appeals for the Sixth Circuit · Jun 27, 2002

Congress did not establish individually enforceable rights through the FERPA. … Even if a qualified First Amendment right of access attached to these proceedings, which it clearly does not, the common law recognizes various exceptions to the right of access including certain privacy rights of participants

Crockett Colleries, Inc. v. Barrett

478 F.3d 350 · Court of Appeals for the Sixth Circuit · Feb 16, 2007

Total disability may be proved in one of four ways: (1) qualifying pulmonary function tests; (2) qualifying arterial blood-gas tests; (3) cor pulmonale with right-sided congestive heart failure; or (4) a physician exercising … Although three of the four produced qualifying results, the ALJ found that one of those three tests was invalid.