Case law

Rosie M. Daniels v. Board Of Education Of The Ravenna City School District

805 F.2d 203 · Court of Appeals for the Sixth Circuit · Jan 23, 1987

The district court's finding on the issue of discrimination "is subject to review under the clearly erroneous standard of Rule 52(a), Fed.R.Civ.P..... … However, her prior experience rendered her more qualified than plaintiff for the position. 32 The position previously held by plaintiff Daniels was filled by Leesa Widger, who was as qualified for the position as plaintiff

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

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 .

Riverview Investments, Inc. v. Ottawa Community Improvement Corporation

769 F.2d 324 · Court of Appeals for the Sixth Circuit · Oct 9, 1985

The statutory language clearly makes issuing the bonds discretionary. … If there was such supervision, the decision was protected under state action immunity, otherwise not.

Bertha Carroll v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare

619 F.2d 1157 · Court of Appeals for the Sixth Circuit · Apr 22, 1980

Weinberger, 383 F.Supp. 230 (E.D.Tenn.1974) aff’d., 487 F.2d 1403 (6th Cir. 1973). 7 *1163 Clearly, given the conclusive nature of the pathologist’s report after examining Mr. … To qualify for lifetime federal benefits under 20 C.F.R. § 410.490 , a claimant must still prove that he was totally disabled due to pneumoconio-sis as of June 30, 1978.

Davontae Sanford v. City of Detroit, Mich.

Court of Appeals for the Sixth Circuit · May 28, 2020

Determinations of qualified immunity require us to answer two questions: first, whether the officer violated a constitutional right; and second, whether that right was clearly established in light of the specific context … The officers therefore are not entitled to qualified immunity on this claim. Nor are the officers entitled to qualified immunity on the coerced-confession claim.

Harding Hospital, Inc. v. United States

505 F.2d 1068 · Court of Appeals for the Sixth Circuit · Nov 13, 1974

The Hospital was established to provide psychiatric medical care. The Foundation was incorporated separately to conduct these educational and training programs. … We have no basis whatsoever for holding clearly erroneous the following finding of the District Court: “These programs . . . are not paid for by the Hospital but are directly and completely funded by the .

United States v. Tyren Cervenak

99 F.4th 852 · Court of Appeals for the Sixth Circuit · Apr 26, 2024

Because binding precedent establishes that Ohio robbery qualifies as a crime of violence under the sentencing guidelines, we AFFIRM the judgment of the district court. … This key fact clearly shows “more than the application of legal imagination to [the statute’s] language.”

B-R River Services, Inc. v. United States

862 F.2d 1237 · Court of Appeals for the Sixth Circuit · Dec 5, 1988

It also includes determinations made by executives or administrators in establishing plans, specifications, or schedules of operations. Where there is room for policy judgment and decision there is discretion. … The decision to maintain navigation at the expense of passing ice, however, is a decision the Corps is uniquely qualified to make, and is protected by the discretionary function exception.

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.

Irving Rosenstein v. Merrell Dow Pharmaceuticals, Inc.

769 F.2d 352 · Court of Appeals for the Sixth Circuit · Jul 31, 1985

The Fourth Circuit, without analysis, has qualified the denial of such a motion to dismiss as satisfying “all of the requirements of the rule of Cohen ”. Hodson v. A.H. … A disputed question is “conclusively determined”, for the purpose of finality under the Cohen doctrine, if “the district court has clearly said its last word on the subject”. Bradshaw v.

Equal Employment Opportunity Commission v. Jefferson County Sheriff's Department, Kentucky Retirement Systems, and Commonwealth of Kentucky

424 F.3d 467 · Court of Appeals for the Sixth Circuit · Sep 19, 2005

A chart prepared by the EEOC shows these discrepancies clearly. … A panel of this court held that the defendants were not entitled to immunity, with one exception. EEOC v.

Ferguson Contracting Co. v. Manhattan Trust Co.

118 F. 791 · Court of Appeals for the Sixth Circuit · Nov 5, 1902

Clearly the circuit court did not abuse its discretion in the order made, refusing further opportunity for amendment. … It was such lien, to the extent that it might be established, that was to be given the priority fixed in the decree.

Armco, Inc. v. Interstate Commerce Commission

669 F.2d 417 · Court of Appeals for the Sixth Circuit · Feb 1, 1982

Armco fails to establish why the ICC’s reading of such clear language should be rejected. … Even if the record were clearly to establish such a practice — which it does not — the 1973 record-keeping requirements can only be understood to require some degree of corroboration between in- and out-bound rail traffic

United States v. Baker

Court of Appeals for the Sixth Circuit · Aug 15, 2006

“The phrase ‘other qualified witness’ is given a very broad interpretation.” 5-803 WEINSTEIN’S FEDERAL EVIDENCE § 803.08 [8][a] (2006). … Simmons’s testimony established that he was an “other qualified witness” as to the relevant records, and the district court did not err in admitting this evidence. B.

Mary Alice Wright v. Mike Espy, Secretary of Agriculture, United States Department of Agriculture

21 F.3d 429 · Court of Appeals for the Sixth Circuit · Apr 18, 1994

Although she clearly met three of the four requirements--she was a member of a protected class (over 40), highly qualified, and did not receive the position for which she applied--she failed to prove that a person outside … "[W]here there are two permissible views of the evidence, the factfinder's choice between them cannot be clearly erroneous." Bueno v.

Moseley v. Peabody Coal Company

769 F.2d 357 · Court of Appeals for the Sixth Circuit · Jul 31, 1985

Of the five tests, only one had values which qualified under 20 C.F.R. … Clearly, if Moseley does not suffer from pneumoconiosis to any extent, pneumoconiosis cannot be a contributing cause to his heart disease.

Chavez v. Carranza

559 F.3d 486 · Court of Appeals for the Sixth Circuit · Mar 17, 2009

Excluded also from calculation of the statute of limitations would be the period when a defendant has immunity from suit. … Likewise, if Carranza were living in El Salvador, he would likely be immune from suit.

Selective Insurance Co. of the Southeast v. RLI Insurance Co.

706 F. App'x 260 · Court of Appeals for the Sixth Circuit · Aug 24, 2017

After the close of discovery, the City asserted sovereign immunity and the individual defendants asserted qualified immunity. Elkins, 2009 WL 1150114, at *2. … The court reasoned that withholding the exculpatory Mann memorandum violated Elkins’s clearly established constitutional rights under Brady v.

Kentucky Finance Company, Inc. And Kentucky Discount, Inc. v. James P. Mitchell, Secretary of Labor

254 F.2d 8 · Court of Appeals for the Sixth Circuit · Apr 15, 1958

The evidence that it was so considered by the industry is cumulative, both in oral testimony of highly qualified experts in the financial industry and from the writings of those engaged in it. … It would indeed be an anomaly if by the very intangibles by which an activity is brought within the scope of the commerce clause it should now be denied a clearly defined exemption.