Case law
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352 F.3d 286 · Court of Appeals for the Sixth Circuit · Dec 10, 2003
When the National Legislature wishes to regulate an area traditionally regulated exclusively by the States, it must “convey[ ] its purpose clearly.”' … Against this legislative backdrop, Congress’s decision not to mention governmental property more specifically in § 844(i) at a minimum establishes ambiguity about the scope of the provision.
Cited 21 timesPublishedGlaser v. Thompson Medical Co.
32 F.3d 969 · Court of Appeals for the Sixth Circuit · Aug 17, 1994
The burden of proof in establishing proximate cause lies with the plaintiff. … Rule 702 admits expert testimony if the evidence will assist the trier of fact and if the witness is qualified as an expert.
Cited 9 timesPublishedDavid Agema v. City of Allegan
552 F. App'x 549 · Court of Appeals for the Sixth Circuit · Jan 23, 2014
Digital attempted to frame its rights under the private settlement agreement—a broad defense to liability and right not to stand trial—as the equivalent of government officials’ qualified immunity or a criminal defendant … Forsyth, 472 U.S. 511, 530 (1985) (holding that “a district court’s denial of a claim of qualified immunity, to the extent that it turns on an issue of law, is an appealable ‘final decision’ within the meaning of 28 U.S.C
Cited 2 timesUnpublishedRoyal Geropsychiatric Services, Inc. v. Tompkins
159 F.3d 238 · Court of Appeals for the Sixth Circuit · Oct 26, 1998
(C) Deductibles established under sub-chapter XVIII of this chapter (including those described in section 1395e and section 1395Z (b) of this title). … The plaintiffs argue that the term “coinsurance,” contained in subparagraph (B), “is clearly meant to be broad.”
Cited 5 timesPublishedCourt of Appeals for the Sixth Circuit · Sep 6, 2006
Gonzales Page 2 Lumaj first contends that the BIA’s streamlined review process, specifically single-judge review and the clearly erroneous standard … Thus, she does not qualify as a “refugee” under the INA and is not entitled to asylum.
Cited 0 timesPublishedUnited States v. Jeffrey Doxey, Jr.
833 F.3d 692 · Court of Appeals for the Sixth Circuit · Aug 18, 2016
Moreover, the CI’s statements were clearly contextual and provided to the jury only as background to the events leading up to Doxey’s arrest, and not as evidence of his guilt. … Only two predicate convictions are needed to qualify as a career offender, and Doxey’s two delivery of cocaine convictions qualified as predicates.
Cited 31 timesPublishedCourt of Appeals for the Sixth Circuit · Sep 19, 2005
A chart prepared by the EEOC shows these discrepancies clearly. … The remainder of the case was devoted to establishing the definition of “subterfuge,” with the Court ultimately concluding that under the subterfuge provision, “the employee bears the burden of proving that the discriminatory
Cited 0 timesPublishedUnited States v. Eddie D. Jeter
191 F.3d 637 · Court of Appeals for the Sixth Circuit · Oct 18, 1999
The defendant is entitled to an additional one-level decrease if (1) he qualifies for the two-level decrease, (2) prior to that decrease his offense level is Level 16 or greater, and (3) he “assisted authorities in the investigation … In Childers , this court stated as follows: It is well-established that the “voluntary termination or withdrawal” factor means that criminal conduct that continues following an acceptance of responsibility, especially when
Overruled — as noted by a later courtCited 35 timesPublished797 F.2d 271 · Court of Appeals for the Sixth Circuit · Jul 8, 1986
The full instruction given below twice states that the burden is on the plaintiff to establish discrimination by a preponderance of the evidence, and the trial court also stated this principle before giving specific instructions … State law was clearly unsettled. Given the uncertainty in the state law, we find no abuse of discretion in the trial court’s refusal to exercise pendent jurisdiction over plaintiff’s claim.
Cited 83 timesPublished717 F.2d 263 · Court of Appeals for the Sixth Circuit · Sep 1, 1983
Brooks was qualified for the position, Koren never considered placing her there. The district court found that Butler's starting wage was $5.55 per hour while Ms. … Brooks established a prima facie case of sex discrimination.
Cited 1 timesPublished14 F. App'x 538 · Court of Appeals for the Sixth Circuit · Jul 12, 2001
The government elicited testimony irom Fender establishing that Askanazi had directed him to bill for anesthesiological services in Askanazi’s name that he did not perform. … We determine that this conclusion was not clearly erroneous.
Cited 1 timesPublishedTheodore G. Williams v. William Meyer
346 F.3d 607 · Court of Appeals for the Sixth Circuit · Sep 25, 2003
This conflicting language calls into question the magistrate’s conelu *616 sion that it has been clearly established by the Michigan courts that section 7 requires proof of a likelihood of future dangerousness and persuades … Section 8 provided that a defendant was immune from prosecution for the "the offense with which he originally stood charged, or convicted” prior to commitment. Mich. Comp. Laws Ann. § 780.508 (West 1968).
Cited 67 timesPublishedHenley v. Tullahoma City School System
84 F. App'x 534 · Court of Appeals for the Sixth Circuit · Dec 5, 2003
This Court need not reach alternative grounds for dismissal, such as the lack of municipal liability and qualified immunity for the individual Defendants. See Ewolski v. … Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (“If no constitutional right would have been violated were the allegations éstablished, there is no necessity for further inquiries concerning qualified immunity
Cited 12 timesPublishedMonty Bauch v. Richland Cty. Children Servs.
Court of Appeals for the Sixth Circuit · May 23, 2018
Jordan explained that “immediate appeal from the denial of summary judgment on a qualified immunity plea is available when the appeal presents a ‘purely legal issue,’ illustratively, the determination of ‘what law was “clearly … This Court granted the social worker qualified immunity but denied absolute immunity. Id. at 689, 694.
Cited 0 timesUnpublishedSimpson v. National Mines Corp.
52 F. App'x 775 · Court of Appeals for the Sixth Circuit · Dec 11, 2002
While this is an accurate statement of a clearly established principal in the Sixth Circuit, the ALJ was also required to evaluate the opinions of Dr. Wright based on his determination of the doctor’s credibility. … by qualifying pulmonary function studies or qualifying arterial blood gas studies.
Cited 0 timesPublished480 F.2d 1228 · Court of Appeals for the Sixth Circuit · Jul 6, 1973
Paragraph I of each count of the indictment clearly charges that the defendants devised a scheme to defraud Blue Shield of Michigan. … It is also contended that the court failed to give a qualifying instruction with respect to the statistical evidence.
Cited 61 timesPublished803 F.2d 722 · Court of Appeals for the Sixth Circuit · Sep 15, 1986
The Existence of Qualified Immunity. 5 The legal test for qualified immunity to be applied by the court is whether the conduct of the state official violated "clearly established statutory or constitutional rights of which … It follows that the individual appellees are entitled to qualified immunity on the facts established by the record, and that the district court did not err in granting summary judgment in their favor. 17 II.
Cited 0 timesUnpublishedJuana Villegas v. The Metro. Gov't of Nashville
Court of Appeals for the Sixth Circuit · Mar 4, 2013
Nelson came to the Eighth Circuit on a grant of qualified immunity, Nelson, 583 F.3d at 525; therefore, all facts were viewed in the light most favorable to the detainee. Id. at 530. … Nelson’s protections from being shackled during labor had thus been clearly established by decisions of the Supreme Court and lower federal courts before September 2003.”
Cited 0 timesPublishedOwensboro Health, Inc. v. United States Department of Health & Human Services
832 F.3d 615 · Court of Appeals for the Sixth Circuit · Aug 10, 2016
The state plan establishes eligibility criteria for coverage under the plan as well as the nature and scope of medical care provided under the plan. 42 C.F.R. § 430.10. … to qualify for a Medicare DSH adjustment under the proxy method.
Cited 8 timesPublishedLuster SLONE, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee
825 F.2d 1081 · Court of Appeals for the Sixth Circuit · Sep 24, 1987
Where the social security claimant’s mandamus petition is essentially one seeking the payment of benefits, the claimant must establish either that he exhausted, or that he should be excused from exhausting, the avenue of … Title II benefits are available to qualifying wage earners who become disabled prior to the expiration of their insured status; Title XVI benefits are available to poverty stricken adults and children who become disabled.
Cited 7 timesPublished
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