Case law

Renfro v. Indiana Michigan Power Co.

497 F.3d 573 · Court of Appeals for the Sixth Circuit · Jul 18, 2007

The Walling Court also noted that the district court was not “clearly wrong,” citing Fed. R.Civ.P. 52(a)’s requirement that a district court’s finding of fact after a bench trial be upheld unless clearly erroneous. … And because establishing the applicability of an FLSA exemption is an affirmative defense, AEP has the burden to establish the following elements by a preponderance of the evidence: “(1) that it pays the [technical writers

William Pollett v. Rinker Materials Corporation

477 F.3d 376 · Court of Appeals for the Sixth Circuit · Feb 13, 2007

The parties agree that Plaintiff does not qualify under this primary definition. … The majority’s approach clearly contravenes this Circuit’s precedents.

Arch on the Green, Inc. v. Lawrence Groves

761 F.3d 594 · Court of Appeals for the Sixth Circuit · Jul 31, 2014

Legal pneumoconiosis is established partly by the qualifying pulmonary lung function tests that Drs. … Rather, the ALJ very clearly stated that “I find that Claimant has established by a preponderance of the evidence that his total disability was due in part to his pneumoconiosis.”

United States v. Theodore Charles Greene

71 F.3d 232 · Court of Appeals for the Sixth Circuit · Dec 11, 1995

Because he could be traced through his social security number, Greene maintained that he-had no choice but to establish false identities. … These patients were at serious risk, since the defendant was not properly qualified to perform the various medical tasks which he was performing.

Jess Kraft and Barbara Kraft v. United States

991 F.2d 292 · Court of Appeals for the Sixth Circuit · Apr 7, 1993

As such, Kraft clearly satisfies this aspect of the IRC § 1341 test. … Thus, it is clear that taxpayers do not qualify for § 1341 treatment.

Ford Motor Co. v. Northbrook Insurance

838 F.2d 829 · Court of Appeals for the Sixth Circuit · Jan 26, 1988

In light of these principles, Foss’ testimony was clearly admissible. … Additional evidence establishes that the 1977 Northbrook policy was designed to “basically duplicate” the 1976 Home policy.

Reid Machinery Inc. v. Nicholas Lanzer

421 F. App'x 497 · Court of Appeals for the Sixth Circuit · Nov 18, 2010

“Under the doctrine of qualified immunity, government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Qualified immunity is a two-prong inquiry: (1) whether the plaintiff has shown a violation of a constitutional right, and (2) whether the constitutional right was “clearly established” at the time of the violation.

Emily Dahl v. Bd. of Trs. of W. Mich. Univ.

15 F.4th 728 · Court of Appeals for the Sixth Circuit · Oct 7, 2021

Yet refusing the vaccine prevents plaintiffs from participating in college sports, as they are otherwise qualified (and likely were recruited) to do. … As a result, plaintiffs have established that the University’s vaccination policy for student- athletes burdens their free exercise of religion. B.

LaTanya Wyatt v. Nissan N. Am., Inc.

999 F.3d 400 · Court of Appeals for the Sixth Circuit · May 28, 2021

The parties contest whether Mullen qualifies as a supervisor. … Clearly, Wyatt had a history of working more than forty hours to manage her projects.

Joshua Aaron Elswick v. Ryan Derrough

Court of Appeals for the Sixth Circuit · Jan 21, 2026

We review de novo a district court’s order granting summary judgment based on qualified immunity. Burnett v. Griffith, 33 F.4th 907, 911 (6th Cir. 2022). … “A public official is entitled to qualified immunity at summary judgment when, viewing the facts in the light most favorable to the plaintiff, the challenged conduct did not violate clearly established constitutional rights

James Vaughan, III v. City of Shaker Heights

514 F. App'x 611 · Court of Appeals for the Sixth Circuit · Feb 12, 2013

Furthermore, Hyams has not raised a qualified immunity claim on appeal. Therefore, we decline to resolve this issue now. … The defense of absolute immunity is properly reviewable on interlocutory appeal, and we have established that Hyams’s grand jury testimony is indeed entitled to such protection.

Glenn Whiting v. City of Athens, Tenn.

Court of Appeals for the Sixth Circuit · Mar 13, 2026

“[N]ot all allegations of emotional injury are sufficient to establish First Amendment retaliation.” Wurzelbacher v. Jones-Kelley, 675 F.3d 580, 584 (6th Cir. 2012). … Federal legislative immunity, which we have held is essentially the same as immunity under the Speech or Debate Clause, U.S. Const. art. I, § 6, cl. 1, is a defense to federal constitutional claims. See Kent v.

Thompson v. E.I. DuPont deNemours & Co.

70 F. App'x 332 · Court of Appeals for the Sixth Circuit · Jul 23, 2003

In order to prevail on an ADA claim, a plaintiff must establish that (1) he is disabled; (2) he was qualified to perform either the job he previously held or another available job, with or without reasonable accommodation … Next, the job description clearly indicates that the BRP operator position was temporary.

Joseph T. McGinness v. United States of America, Internal Revenue Service

90 F.3d 143 · Court of Appeals for the Sixth Circuit · Jul 19, 1996

Thus, there are three prerequisites for establishing a § 7426 waiver of sovereign immunity. First, the person asserting the wrongful levy claim must not be one against whom the tax is assessed. … immunity, plaintiff must still prove that the levy was wrongful.

Ohio Periodical Distributors, Inc. v. Commissioner

105 F.3d 322 · Court of Appeals for the Sixth Circuit · Jan 29, 1997

Commissioner’s particular view of clearly reflected income. … the gross receipts attributable to its qualified sales.

Frank McKenna v. Bowling Green State Univ.

Court of Appeals for the Sixth Circuit · Jun 13, 2014

Morgan-Russell asserts a qualified-immunity defense to these claims. The doctrine of qualified immunity is a defense to § 1983 claims. Binay v. Bettendorf 601 F.3d 640, 647 (6th Cir. 2010). … There are two general steps to a qualified immunity analysis.

Dharma Agrawal v. Carlo Montemagno

574 F. App'x 570 · Court of Appeals for the Sixth Circuit · Jul 23, 2014

Alternatively, the court determined that the individual Defendants are entitled to qualified immunity. -3- No. 13-4313, Agrawal v. … Agrawal established the first two prima facie elements, i.e., that he is a member of a protected class and was qualified for his position. Adair v. Charter Cnty. of Wayne, 452 F.3d 482, 493 (6th Cir. 2006).

Demyanovich v. Cadon Plating & Coatings, L.L.C.

747 F.3d 419 · Court of Appeals for the Sixth Circuit · Mar 28, 2014

We find evidence in the record to establish a genuine factual dispute as to whether Demyanovich was permanently incapable of working at the time that he was terminated. … Regardless, in his deposition testimony, Ensign clearly stated that he told Demyanovich on February 23 that he was terminated. R. 38-6 (Ensign Dep. at 85) (Page ID #962).

Benjamin W. BROWNLOW, Plaintiff-Appellee, v. EDGECOMB METALS COMPANY, Defendant-Appellant

867 F.2d 960 · Court of Appeals for the Sixth Circuit · Mar 13, 1989

Because we conclude the district court’s central findings of fact are clearly erroneous, we reverse. *961 I. A. … Therefore, in order to prevail on appeal, defendant must establish that the district court’s finding was “clearly erroneous.” Fed.R.Civ.P. 52(a); Anderson v.

Ferriell v. Commissioner of Social Security

614 F.3d 611 · Court of Appeals for the Sixth Circuit · Jul 20, 2010

The referral stated that Ferriell’s earning records indicated he did not have enough periods of covered social security income to qualify for benefits on May 17, 2005, though he would have enough covered income to qualify … This language also establishes that it is our intent that the Appeals Council’s authority to reopen an ALJ’s decision in accordance with the provisions of those regulations, which establish conditions