Case law

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  • United States v. John Laton

    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 timesPublished
  • Glaser 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 timesPublished
  • David 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 timesUnpublished
  • Royal 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 timesPublished
  • Lumaj v. Gonzales

    Court 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 timesPublished
  • United 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 timesPublished
  • EEOC v. Jefferson Cnty

    Court 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 timesPublished
  • United 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 timesPublished
  • Mitroff v. Xomox Corp.

    797 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 timesPublished
  • 32 Fair empl.prac.cas. 1368, 32 Empl. Prac. Dec. P 33,803 Irene Brooks v. Ashtabula County Welfare Department Ashtabula County Commissioner Department of State Personnel

    717 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 timesPublished
  • United States v. Askanazi

    14 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 timesPublished
  • Theodore 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 timesPublished
  • Henley 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 timesPublished
  • Monty 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 timesUnpublished
  • Simpson 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 timesPublished
  • United States v. Joseph Russo

    480 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 timesPublished
  • Richard J. Valenti v. Akron Police Department City of Akron Thomas Overfield Howard Arnett Warren Hayes Jerry Foys

    803 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 timesUnpublished
  • Juana 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 timesPublished
  • Owensboro 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 timesPublished
  • Luster 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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