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  • Raymond Geiger v. Tower Automotive

    Court of Appeals for the Sixth Circuit · Sep 4, 2009

    that he was discharged; 3) that he was qualified for the position held; and 4) that he was replaced by someone outside of the protected class. … Because Geiger has failed to present evidence sufficient to establish the elements of an ADEA claim, he has similarly failed to establish a prima facie case under the ELCRA.

    Cited 0 timesPublished
  • Hutchison v. Thomas

    789 F.2d 392 · Court of Appeals for the Sixth Circuit · Apr 28, 1986

    The law knows no heresy, and is committed to the support of no dogma, the establishment of no sect. … It is possible, in a fact situation such as Alberts, this Court could find jurisdiction, but clearly the case does not provide a basis for jurisdiction here because of the very different factual situation. 23 Appellant also

    Cited 23 timesPublished
  • Napoleon Howard v. City of Southfield, a Municipal Corporation

    97 F.3d 1452 · Court of Appeals for the Sixth Circuit · Sep 11, 1996

    Therefore, to establish a prima facie case of race discrimination, Howard must show (1) that he is a member of a protected group, (2) that he applied for and was qualified for a job for which the employer was seeking applicants … Furthermore, the mere expectation of a property right is not sufficient: 19 To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it.

    Cited 2 timesUnpublished
  • 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

    Cited 178 timesPublished
  • 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).

    Cited 126 timesPublished
  • 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 .

    Cited 0 timesPublished
  • 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.

    Cited 0 timesUnknown
  • 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

    Cited 4 timesPublished
  • Meadows v. Ford Motor Co.

    510 F.2d 939 · Court of Appeals for the Sixth Circuit · Jan 24, 1975

    We find no justification whatever for attributing to Congress such a casuistic withdrawal of the authority which, but for the illustration, it clearly has given the Board. … or would have qualified him for the denied positions, and an estimation of the amount of requested back pay.

    Cited 44 timesPublished
  • 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.

    Cited 12 timesPublished
  • 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.

    Cited 0 timesUnpublished
  • 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.

    Cited 50 timesPublished
  • 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.

    Cited 44 timesPublished
  • 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.”).

    Cited 137 timesPublished
  • 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.

    Cited 2 timesPublished
  • Foster v. United States

    178 F. 165 · Court of Appeals for the Sixth Circuit · Apr 5, 1910

    Justice) Day, that to permit a demand to be made on the defendant in a criminal case in the presence of the jury to produce a paper or document containing evidence against him is a violation of the immunity secured to him … It clearly appeared that it was impossible for the government to proeme the presence of the books upon the trial. A subpoena had been issued for their production, and served upon the receiver.

    Cited 46 timesPublished
  • Richard Vowell v. United States

    Court of Appeals for the Sixth Circuit · Aug 16, 2019

    However, the applicable sentencing statutes clearly establish this. … into, or remaining in, a building or other structure, with intent to commit a crime,” qualifies.

    Cited 0 timesPublished
  • Robert J. Greer v. Sears, Roebuck & Co.

    54 F.3d 776 · Court of Appeals for the Sixth Circuit · May 10, 1995

    The District Court erred, therefore, in holding that plaintiff failed to establish a prima facie case. … Plaintiff, therefore, was clearly on notice that defendant was requesting summary judgment on the state retaliation claim. VI.

    Cited 4 timesPublished
  • United States v. Oscar Paige, Jr.

    470 F.3d 603 · Court of Appeals for the Sixth Circuit · Dec 12, 2006

    Sentencing Defendant challenges the district court’s finding that he had at least two prior convictions that qualified as predicate convictions for purposes of enhancement under § 841(b)(1)(A). … This is neither a denial, nor an adequate showing sufficient for this court to conclude that the district court clearly erred in finding that the defendant had at least two qualifying prior felony drug convictions.

    Cited 126 timesPublished
  • Jones v. Caruso

    569 F.3d 258 · Court of Appeals for the Sixth Circuit · Jun 23, 2009

    immunity. … Accordingly, this factor clearly favors Jones. 8.

    Cited 190 timesPublished

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