Case law

Diana Vistein v. The American Registry of Radiologist Tech

342 F. App'x 113 · Court of Appeals for the Sixth Circuit · Aug 13, 2009

Vistein contends as an initial matter that the ARRT Ethics Committee does not qualify as a health care entity under O.R.C. § 2305.25. … The Supreme Court has established four tests for determining whether the challenged conduct may be fairly attributable to the State for purposes of a § 1983 claim.

Kim Ensley-Gaines v. Marvin Runyon, Postmaster

100 F.3d 1220 · Court of Appeals for the Sixth Circuit · Nov 20, 1996

To establish a prima facie case of discrimination under Title VII, the Plaintiff may prove her claim either through direct evidence, statistical proof, or the test established by the Supreme Court in McDonnell Douglas. … On appeal, this Court reversed and held the district court’s finding of sex discrimination was not supported by substantial evidence and was clearly erroneous.

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).

Scott v. Director, Office of Workers' Compensation Programs

13 F. App'x 317 · Court of Appeals for the Sixth Circuit · Jun 15, 2001

None of the blood gas studies produced qualifying results, and there was no diagnosis of cor pulmonale. Of the physicians’ opinions, only Dr. … Clarke clearly found a total disability from a respiratory standpoint, and his opinion was outweighed by those of the other physicians and the objective evidence. Therefore, no mistake of fact was apparent.

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

Douglas v. Babcock

990 F.2d 875 · Court of Appeals for the Sixth Circuit · Mar 25, 1993

Unfortunately, Congress has not written its Medicaid prenatal care statute concern *883 ing a pregnant woman’s duty to identify the father as clearly as it has written its legislative history. … Group III individuals are "qualified pregnant women or children as defined in section 1396d(n) of this title.”

Equal Employment Opportunity Commission v. Detroit Edison Co.

515 F.2d 301 · Court of Appeals for the Sixth Circuit · May 16, 1975

The evidence was in conflict, but none of these findings may be held clearly erroneous. … Not every black employee or rejected black applicant of Edison will automatically qualify for a back-pay award. But each such *315 person should be given an opportunity to establish his entitlement.

Newbury Local School District Board of Education v. Geauga County Metropolitan Housing Authority

732 F.2d 505 · Court of Appeals for the Sixth Circuit · Apr 16, 1984

HUD’s approval of the annual contributions to the Geauga County projects clearly qualifies as “an agency grant of money.” … To support this conclusion, we need look no further than Chapter 3735 of the Ohio Rev.Code Ann. which clearly establishes that HUD satisfied the legislative policies of the Housing Act by only insuring the cooperation of

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.

Mario De Modena, Dba Sixth Avenue Pharmacy v. Kaiser Foundation Health Plan, Inc., Portland Retail Druggists Association, Inc. v. Kaiser Foundation Health Plan, Inc.

743 F.2d 1388 · Court of Appeals for the Sixth Circuit · Oct 2, 1984

THE TIE-IN CLAIM 25 To establish a tying claim, a plaintiff must first demonstrate that the defendant is selling two distinct products as a package. … This record, however, is not nearly sufficient to demonstrate that the operation of these state laws immunizes appellees' conduct under the standard for antitrust immunity set forth in California Retail Liquor Dealer's Ass'n

Mabel Samons v. Nat'l Mines Corp.

25 F.4th 455 · Court of Appeals for the Sixth Circuit · Feb 11, 2022

Some of these tests produced qualifying scores; others did not. Two doctors who reviewed the tests also opined that some qualifying scores were invalid due to Casey’s lack of effort. … The judge held that Casey’s pulmonary-function tests did not establish his total disability under § 718.204(b)(2)(i) because of the mix of qualifying and nonqualifying scores.

Gerald Krafsur v. Michael Davenport

736 F.3d 1032 · Court of Appeals for the Sixth Circuit · Dec 4, 2013

In the same way, the government’s needs as employer do not suspend the requirement that Congress speak clearly before foreclosing all judicial review of constitutional challenges. See Doe, 486 U.S. at 603. … Scanlon, 473 U.S. 234 (1985) (involving elimination of a State’s immunity from suit), Doe does not establish an express-statement requirement. An early decision in the Doe sequence, Johnson v. Robison, proves the point.

James D. Kennedy, Jr. And Dorothy H. Kennedy, and Cherokee Warehouses, Inc. v. Commissioner of Internal Revenue

671 F.2d 167 · Court of Appeals for the Sixth Circuit · Feb 4, 1982

Since Cherokee was a new company facing well-established competition, much of their time was spent soliciting customers. … Accordingly, we hold that the decision of the Tax Court in Appeal No. 80-1245 is not supported by substantial evidence and is therefore clearly erroneous.

Ingram v. City of Columbus

185 F.3d 579 · Court of Appeals for the Sixth Circuit · Jul 19, 1999

While Defendants claimed qualified immunity below, the district court did not address it, and therefore Defendants’ claim of qualified immunity is not before us on appeal. … We therefore do not address Defendants’ claim of qualified immunity, Plaintiffs’ § 1983 claim of municipal liability, or Plaintiffs’ state law claims of false imprisonment, malicious prosecution, and false arrest, see, e.g

United States v. Fofana

666 F.3d 985 · Court of Appeals for the Sixth Circuit · Jan 24, 2012

The district court granted Fofana’s motion, finding that the Government failed to meet its burden of establishing that the search was constitutional. … How can the police proceed without risking immunizing the kidnapper from prosecution?

Lakeshore Terminal & Pipeline Co. v. Defense Fuel Supply Center

777 F.2d 1171 · Court of Appeals for the Sixth Circuit · Dec 5, 1985

On appeal the plaintiffs contend that the district court relied on evidence of debatable probative value while overlooking contradictory evidence by better qualified witnesses. … The factual findings of the district court are supported by the evidence of record, and are not clearly erroneous. We are bound by these findings. Rule 52(a), Fed.R.Civ.P.

Colleen Cimerman v. Gary Cook

561 F. App'x 447 · Court of Appeals for the Sixth Circuit · Mar 31, 2014

The district court’s analysis does not support immunity for Judge Cook in his official capacity. … “The only immunities that can be claimed in an official-capacity action are forms of sovereign immunity that the entity, qua entity, may possess, such as the Eleventh Amendment.” Kentucky v.

Porter Smith v. MDOC

Court of Appeals for the Sixth Circuit · Nov 21, 2025

Under the Rehabilitation Act, in order to prevail on a failure-to-accommodate claim, Smith must first establish a prima facie case by showing: (1) he is disabled; (2) he is “otherwise qualified” for his position; (3) MDOC … That admission leaves him with only one path to establish that he was “otherwise qualified” under the ADA—showing he could perform the job with a reasonable accommodation. See EEOC v.

Williams v. WCI Steel Co.

170 F.3d 598 · Court of Appeals for the Sixth Circuit · Mar 17, 1999

The source of funding is the residue of the $21 million trust established by the agreement. … The Memorandum Agreement clearly states that the $21 million set aside is to be allocated among the Recipient Employees.

Joette Peroli v. Gregory Huber

Court of Appeals for the Sixth Circuit · Nov 19, 2021

Qualified immunity shields “government officials performing discretionary functions . . . … from liability for civil damages” when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.