Case law

Robert v. McDonald v. Union Camp Corporation

898 F.2d 1155 · Court of Appeals for the Sixth Circuit · Jun 15, 1990

However, McDonald is unable to prove the third prong of the McDonnell Douglas test, that he was qualified for the position. … McDonald clearly had problems motivating his subordinates and delegating authority; these problems were documented as far back as 1970.

Harris v. Olszewski

442 F.3d 456 · Court of Appeals for the Sixth Circuit · Mar 21, 2006

. § 1396a(a)(23)(A), requires States to allow eligible individuals to obtain “medical assistance” from any qualified provider. … Section 1983 creates a cause of action against any person who, under color of state law, deprives “any citizen of the United States . . . of any rights, privileges, or immunities secured by the Constitution and laws.” 42

United States v. Miller

45 F. App'x 359 · Court of Appeals for the Sixth Circuit · Aug 15, 2002

False testimony at a sentencing hearing qualifies as obstructive conduct under this statute. … Agent Yell’s testimony coupled with the defendant’s own admission established that.”

United States v. Gregory Wells, M.D. (98-6010) Ronald Lee Dillion (98-6011)

211 F.3d 988 · Court of Appeals for the Sixth Circuit · May 10, 2000

The letter clearly stated the ultimate point of Dr. … Fitch, 964 F.2d 571, 575 (6th Cir.1992) (holding that informal immunity agreement is binding on government where defendant did not materi ally breach agreement).

United States v. Shane Clements

144 F.3d 981 · Court of Appeals for the Sixth Circuit · May 22, 1998

Consequently, Clements did not qualify for a § 5K2.13 departure because he did not commit a “non-violent offense.” … Moreover, it is well established that “[a] district court’s discretionary decision not to depart downward from the Guidelines range ordinarily is not appealable.” United States v. Ebolum, 72 F.3d 35, 37 (6th Cir.1995).

Simon v. Pfizer Incorporated

Court of Appeals for the Sixth Circuit · Feb 18, 2005

The chart clearly states that a participant “can proceed to arbitration only if [the participant] ha[s] completed the above three steps of the internal ESP process.” J.A. p. 101. … Simon ignores, however, similar language contained in Section 14 of the ESP, which clearly mandates arbitration with respect to disputes concerning Termination for Just Cause.

Board of Com'rs v. Young

59 F. 96 · Court of Appeals for the Sixth Circuit · Oct 26, 1893

The latter was a case of a qualified or base fee, subject to be defeated by the abandonment of the use. … D. 1698, a different and a nutre rational doctrine Is established.

Great-West Life v. Allstate Ins Co

Court of Appeals for the Sixth Circuit · Feb 7, 2000

Matthew clearly falls under the designation _________________ of Dependent as contemplated in Great-West’s integration of … • If none of the above rules establishes the order of On December 8, 1998, after the parties waived oral payment, a plan which the person has been covered for argument, the district court issued

Cincinnati Electronics Corporation v. Thomas S. Kleppe, Administrator, Small Business Administration, and Howard H. Callaway, Secretary of the Army

509 F.2d 1080 · Court of Appeals for the Sixth Circuit · Jan 31, 1975

We cannot infer a congressional intent to preclude judicial review of agency actions which are alleged to have subverted a clearly stated declaration of policy. … qualified.

United States v. Phillip Berry

866 F.2d 887 · Court of Appeals for the Sixth Circuit · Feb 1, 1989

There the facts creating probable cause for arrest also established that the results of the blood test would prove positive. Id. at 770 , 86 S.Ct. at 1835 . … Here probable cause clearly existed. Before Delcamp requested a blood sample, he was aware that the suspect was involved in a serious and inexplicable single car accident.

Yung Tsang Chiu and Su Lau v. United States Department of Justice, Board of Immigration Appeal

706 F.2d 774 · Court of Appeals for the Sixth Circuit · May 19, 1983

in which he has invested, or is actively in the process of investing, capital totalling at least $10,000, and who establishes that he has had at least 1 year’s experience of training qualifying him to engage in such enterprise … Moreover, we must accord the INS’ interpretation of its regulations great weight, to be discount *777 ed only if it is clearly unreasonable. United States v.

Labeed Nouri v. County of Oakland

615 F. App'x 291 · Court of Appeals for the Sixth Circuit · Jun 12, 2015

The first amended complaint is not clear whether it seeks to hold Sheriff Bouchard liable in his official or individual capacity, but Bouchard asserted qualified immunity as a defense, which suggests that he had fair notice … This screenshot clearly displays a date several years after Nouri’s incarceration and thus does not speak to the jail policy relevant to this case.

Almond v. ABB Industrial Systems, Inc.

56 F. App'x 672 · Court of Appeals for the Sixth Circuit · Jan 22, 2003

Johnson would have qualified for the Retiree Medical Benefit after ten more years with ABB. … On grounds no stronger than this, plaintiffs repeatedly claim to have “clearly” established their prima facie case.

Equal Employment Opportunity Commission v. Monarch Machine Tool Co.

737 F.2d 1444 · Court of Appeals for the Sixth Circuit · Nov 14, 1980

It further follows that if the district court makes a general finding of discrimination, the burden is upon the company to prove that qualified individual women who applied for available employment openings were rejected … We decline to establish such a rule.

Franklin Thomas Charles, (89-5464) William C. Jacobs, Attorney-Appellant, (89-5464) v. Scotty Baesler, Mayor, Lexington-Fayette Urban County Government, and David Cooke, Director of Personnel, Lexington-Fayette Urban County Government, in Their Official Capacities and Individually and Lexington-Fayette Urban County Government, Franklin Thomas Charles, Cross-Appellee v. Scotty Baesler, Mayor, Lexington-Fayette Urban County Government, and David Cooke, Director of Personnel, Lexington-Fayette Urban County Government, in Their Official Capacities and Individually and Lexington-Fayette Urban County Government, Cross-Appellants. (89-5533)

910 F.2d 1349 · Court of Appeals for the Sixth Circuit · Aug 14, 1990

The court below additionally ruled that qualified immunity protected Baesler and Cooke from individual liability, and that punitive damages against Baesler were not appropriate. … immunity and punitive damages rulings.

United States v. Donald G. Ford

176 F.3d 376 · Court of Appeals for the Sixth Circuit · May 19, 1999

The aforementioned claims by the Defendant are clearly devoid of merit. … Since performance of this duty is a neces *380 sary prerequisite of effective law enforcement, the Supreme Court has clearly established that law enforcement officials may question an indicted defendant who has invoked his

United States v. Benton

64 F. App'x 914 · Court of Appeals for the Sixth Circuit · May 12, 2003

The evidence presented was sufficient to establish intent to distribute as well as possession. … It does not clearly establish that her testimony was false. We have held that “mere inconsistencies in testimony by government witnesses do not establish knowing use of false testimony.” United States v.

Surles v. Greyhound Lines Inc

Court of Appeals for the Sixth Circuit · Jan 18, 2007

Code Ann. § 29-28-104 (establishing presumptions for products liability actions). … Such notice could be taken by these reasonable-minded individuals to establish foreseeability.

United States v. Caroll A. Watkins

994 F.2d 1192 · Court of Appeals for the Sixth Circuit · Jun 1, 1993

If the defendant’s conduct does not meet those requirements, that conduct qualifies only as an attempt, and section 2X1.1(b)(1) directs that the offense level be reduced accordingly. 4 *1196 A second limitation on the broad … Furthermore, the burden of establishing this mitigating factor remains at all times on the defendant, who must “clearly demonstrate” acceptance of responsibility. U.S.S.G. § 3El.l(a).

Argo-Collier Truck Lines Corp. v. United States

611 F.2d 149 · Court of Appeals for the Sixth Circuit · Dec 13, 1979

It is also troubling that the ICC failed to address points of error which were clearly not frivolous and which the protestants urged with vigor. … Thus, although existing carriers are not given complete immunity from competition, the grant of additional service must be found to serve the public interest as articulated by Congress.