Case law

Donati v. Ford Motor Co.

821 F.3d 667 · Court of Appeals for the Sixth Circuit · Mar 1, 2016

This was a Qualified Domestic Relations Order (QDRO), as defined by 26 U.S.C. § 414 . … Moreover, the policy clearly states that Liberty is- the proper party-in a denial of benefits ■ case..

Stephen Michael Ridder v. City of Springfield, Clark County

109 F.3d 288 · Court of Appeals for the Sixth Circuit · Mar 14, 1997

The magistrate judge subsequently dismissed most claims in the amended complamt as failing to state a claim upon which relief could be granted or as barred by qualified immumty. Decision, Mar. 4, 1992; J.A. … By providing immunity from sanctions through self-regulation, the “safe harbor” period also serves the streamlining purpose that the 1983 architects of Rule 11 originally envisioned. See Georgene M.

Hughey v. CVS Caremark Corp.

629 F. App'x 648 · Court of Appeals for the Sixth Circuit · Oct 16, 2015

employment action; (3) he was qualified for the position; and (4) he was treated differently from similarly situated employees outside the protected class. … As to whether CVS was reasonably informed about Hu-ghey’s policy violations, the record clearly indicates that it was. CVS’s decision was not based on hearsay or speculation.

Thomas Embry v. Liza Kotlarsic

Court of Appeals for the Sixth Circuit · Jun 30, 2023

Ohio Constitution created a “unified state judicial system,” 29 F.4th at 330 (citation omitted), vesting the judicial power of the state “in a supreme court, courts of appeals . . . and such other” inferior courts to be established … As we recently concluded with respect to juvenile courts in Ohio: “If any entity qualifies as an arm of the State, a state court does.” Id.; see also Hohenberg v.

Angelo McMullan v. Raymond Booker

761 F.3d 662 · Court of Appeals for the Sixth Circuit · Aug 5, 2014

Federal courts may grant habeas relief only on the basis of federal law that has been clearly established by the Supreme Court. § 2254(d)(1). … Clearly established federal law imposes a duty on prosecutors to disclose exculpatory evidence.

Cherryl Kirilenko-Ison v. Bd. of Ed. Danville Independent

974 F.3d 652 · Court of Appeals for the Sixth Circuit · Sep 4, 2020

Kirilenko-Ison has therefore established her prima facie case. b. … In order to establish a prima facie case for failure to accommodate, a plaintiff must show that (1) she was disabled within the meaning of the ADA, (2) she was otherwise qualified for her position, with or without reasonable

Donald Tucker v. Marquette Cnty., Mich.

Court of Appeals for the Sixth Circuit · Jul 7, 2021

The district court granted summary judgment to Romback on qualified-immunity grounds. … Romback is entitled to qualified immunity either if he did not violate a constitutional right or if the right was not clearly established at the time of the alleged violation. Cunningham, 994 F.3d at 764.

Gerald Leuhsler, Beverly Leuhsler v. Commissioner of Internal Revenue

963 F.2d 907 · Court of Appeals for the Sixth Circuit · May 11, 1992

We review the Tax Court's findings on negligence issues under a clearly erroneous standard. Edison Homes, Inc. v. … The interpretation of section 6659 established in Todd has been adopted by at least one other circuit. See Gainer v. Commissioner, 893 F.2d 225, 226-28 (9th Cir.1990).

Paul Lane v. City of Pickerington

588 F. App'x 456 · Court of Appeals for the Sixth Circuit · Nov 14, 2014

conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” … This argument conflates the clearly established procedural right at issue with the reason for the termination, and ignores the patent inadequacy of the notice.

McCurry ex rel. Turner v. Adventist Health System/Sunbelt, Inc.

298 F.3d 586 · Court of Appeals for the Sixth Circuit · Aug 2, 2002

Other courts have agreed, recognizing that “the case law consistently teaches that out-and-out lawyer blunders—the type of action or inaction that leads to successful malpractice suits by the injured client—do not qualify … Through their Rule 60(b) motion, McCurry and Turner sought to establish this complete identity by joining Ms.

Clay v. United Parcel Ser

Court of Appeals for the Sixth Circuit · Aug 31, 2007

As explained above, UPS’s citations to the record do not “clearly set forth, through . . . admissible evidence, the reasons” why Moss was ineligible for the Middleburg Heights position. … Moss could not prove that she was qualified (element three) or that she was similarly situated (element four), and therefore, could not establish a prima facie case. See Celotex Corp. v.

United States v. Sandles

9 F. App'x 377 · Court of Appeals for the Sixth Circuit · May 10, 2001

“[W]e will not disturb the factual findings of the District Court and magistrate in pretrial [detention] hearings, unless we determine those findings to be clearly erroneous. … The denial is not “effectively unreviewable on appeal from a final judgment” and does not qualify for immediate review under Cohen .

Dixon v. Clem

Court of Appeals for the Sixth Circuit · Jul 10, 2007

Specifically, Head argues that three separate forms of immunity shield him from liability: “quasi-judicial immunity from suit, his qualified immunity from suit, and . . . the sovereign immunity and Eleventh Amendment bar … In response to Head’s qualified- immunity argument, Blum states as follows: Appellee Head’s attempt to claim quasi-judicial immunity is likewise devoid of supporting materials.

Hollowell v. Michigan Consolidated Gas Co.

18 F. App'x 332 · Court of Appeals for the Sixth Circuit · Aug 24, 2001

Indeed, Hollowell clearly was aware of the need to vindicate his rights as he promptly filed Title VII charges alleging racial discrimination with the EEOC. … To establish a prima facie case of racial discrimination under Michigan law, Hollowell must show that (1) he belongs to a protected class, (2) he suffered an adverse employment action, (3) he was qualified for the position

Danny Hill v. Carl Anderson

881 F.3d 483 · Court of Appeals for the Sixth Circuit · Feb 2, 2018

Ordinarily, Supreme Court decisions that post-date a state court’s determination cannot be “clearly established law” for the purposes of AEDPA. Peak v. … When a court “disregards established medical practice” in assessing a criminal defendant’s claim of intellectual disability, the error amounts to an unreasonable application of clearly established federal law.

James Meeks v. City of Detroit, Mich.

Court of Appeals for the Sixth Circuit · Apr 9, 2018

§ 1983 and Qualified Immunity Suits against law enforcement officers under 42 U.S.C. § 1983 for the deprivation of a constitutional right are subject to the doctrine of qualified immunity. … “Law-enforcement officers enjoy qualified immunity from suit when their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” King v.

Lloyd B. Lyon, Quality Courts United, Inc. v. Quality Courts United, Inc.

249 F.2d 790 · Court of Appeals for the Sixth Circuit · Nov 26, 1957

Ohio clearly requires a foreign nonprofit corporation to secure a license before exercising its corporate privileges in a continual course of transactions in Ohio. 3 Just as clearly Ohio has closed its courts to foreign nonprofit … The Commissioner may establish a separate register for such collective marks and certification marks.

In Re: Thomas Clyde Bowling, Jr., Movant (04-6194). Thomas Clyde Bowling, Jr., (04-6378) v. Glenn Haeberline, Warden, Kentucky State Penitentiary

422 F.3d 434 · Court of Appeals for the Sixth Circuit · Sep 7, 2005

Id. at 384 n. 37 (“If a trial court found otherwise, we would deem that finding to be clearly erroneous.”). … Second, a fixed cutoff is inconsistent with established clinical definitions and fails to recognize that significantly subaverage intellectual functioning may be established by means other than IQ testing.

Ford v. County of Grand Traverse

535 F.3d 483 · Court of Appeals for the Sixth Circuit · Aug 5, 2008

He also argued that each of the individual jail officials was entitled to qualified immunity and that, in any case, Ford had failed to establish that any of the officials “possessed a sufficiently culpable state of mind” … City of Memphis, 361 F.3d 898 , 902 (6th Cir.2004) (“A municipal ‘custom’ may be established by proof of the knowledge of policymaking officials and their acquiescence in the established practice.”).

Hazard v. Shalala

44 F.3d 399 · Court of Appeals for the Sixth Circuit · Jan 11, 1995

In July 1990, Sherrill allegedly was stricken by a series of incapacitating illnesses related to a failure of her immune system identified as idiopathic anaphylaxis. … ("Congress's goal in enacting OBRA clearly was to reduce federal spending."); Dickenson v.