Case law
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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 timesPublished789 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 timesPublishedNapoleon 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 timesUnpublishedCherryl 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 timesPublishedGerald 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 timesPublished9 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 timesPublishedCourt 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 timesUnknownHollowell 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 timesPublished510 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 timesPublished881 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 timesPublishedJames 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 timesUnpublishedLloyd 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 timesPublished422 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 timesPublishedFord 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 timesPublished44 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 timesPublished178 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 timesPublishedRichard 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 timesPublishedRobert 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 timesPublishedUnited 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 timesPublished569 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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