Case law

Bay Medical Center, Inc. v. National Labor Relations Board

588 F.2d 1174 · Court of Appeals for the Sixth Circuit · Dec 28, 1978

The instant case, in our view, qualifies as such an exception. Thus, we find, for the reasons set forth below, that in this case it would be error to include LPN’s in the technical unit found appropriate above. … While the committee clearly intends that the Board give due consideration to its admonition to avoid an undue proliferation of units in the health care industry, it did not within this framework intend to preclude the Board

Blair v. Meade

107 F.3d 11 · Court of Appeals for the Sixth Circuit · Feb 14, 1997

The district court appropriately denied Meade's motions for absolute and qualified immunity at this preliminary stage. 36 "[G]overnment officials performing discretionary functions enjoy qualified immunity," which "shields … "When a court determines whether qualified immunity exists, it must first ask 'whether the plaintiff has asserted a violation of a constitutional right at all,' " and only then proceed to determine whether the right was clearly

Darryl McGore v. Gene L. Wrigglesworth, Chief Sheriff Richard Chinelli, Administrator Ingham County Sheriff's Department

114 F.3d 601 · Court of Appeals for the Sixth Circuit · Jun 11, 1997

After release, the obligation to pay the remainder of the fees is to be determined solely on the question of whether the released individual qualifies for pauper status. … Maryland, 456 F.2d 1, 6 (4th Cir.1972), McGore has not established a viable claim against the defendants.

United States v. Mickens

Court of Appeals for the Sixth Circuit · Jul 3, 2006

Concluding that the district court’s loss calculation was not clearly erroneous, we affirm. … The result, $127,900, also qualifies Mickens for a 10-point offense level increase.

Howlett v. Holiday Inns, Inc.

49 F.3d 189 · Court of Appeals for the Sixth Circuit · Mar 7, 1995

Most of the employees hired into available positions after jobs were eliminated were younger, less senior, and less qualified persons. … If a state has “a law prohibiting discrimination in employment because of age and establishing or authorizing a State authority to grant or seek relief from such discriminatory practice,” it is known as a “deferral state.

Coal Resources, Inc. v. Gulf & Western Industries, Inc.

954 F.2d 1263 · Court of Appeals for the Sixth Circuit · Apr 22, 1992

We limit our discussion to issues still subject to disagreement which are not clearly waived by the defendants. 16 A. … G & W defense expert, Stanley Ringstaff, testified that smaller businesses generally sell through brokers until they are established.

Lewis Rhinehart v. Debra Scutt

894 F.3d 721 · Court of Appeals for the Sixth Circuit · Jun 28, 2018

That is not to say that a doctor is immune from a deliberate-indifference claim simply because he provided “some treatment for the inmates’ medical needs.” Id. … Schachinger, moreover, clearly recommended that Rhinehart see a “gastroenterologist for additional EGD with esophageal banding as necessary,” providing medical evidence that in this case, a qualified medical expert thought

Denning Ex Rel. Denning v. Metropolitan Government

330 F. App'x 500 · Court of Appeals for the Sixth Circuit · May 12, 2009

immunity see his badge that night. … Finally, plaintiffs claimed that Officer Davidson was not entitled to qualified immunity because he used force that was excessive under objective standards of reasonableness.

Willard Barry and Harriet Barry v. United States

501 F.2d 578 · Court of Appeals for the Sixth Circuit · Aug 5, 1974

The exact date of the construction of the building was never accurately established, but the proofs showed that it predated the turn of the century. … Curry’s qualifications as an expert real estate appraiser were also fully established in court. 4 . Mr.

United States v. Brian Jermaine Washington

122 F.4th 264 · Court of Appeals for the Sixth Circuit · Dec 2, 2024

Because Washington had a prior conviction for robbery and another for first-degree trafficking in a controlled substance, he qualified as a career offender. … A court abuses its discretion when it “relies on clearly erroneous findings of fact, uses an erroneous legal standard, or improperly applies the law.” United States v.

Bion James McVeigh v. L. Bartlett, Corrections Officer

52 F.3d 325 · Court of Appeals for the Sixth Circuit · Apr 21, 1995

when he injured McVeigh's arm by pulling it through a food slot in his cell door; and 2) violated his right to due process by not following prison regulations. 3 The defendant filed a motion to dismiss on the ground of qualified … immunity, and a motion for summary judgment regarding plaintiff's Eighth Amendment claim.

Kelli Ann Grabow v. Macomb Cnty.

580 F. App'x 300 · Court of Appeals for the Sixth Circuit · Aug 29, 2014

immunity analysis. … For municipal liability, there must be an underlying unconstitutional act due to a policy or custom of the municipality, even if an officer in his or her individual capacity can avoid liability through qualified immunity.

Potters Medical Center v. City Hospital Ass'n

800 F.2d 568 · Court of Appeals for the Sixth Circuit · Sep 4, 1986

Under the second Southaven factor, Potters is clearly a competitor in the alleged relevant market of hospital inpatient services. … In Noerr and Pennington , the Supreme Court held that attempts to influence the legislative process, even if prompted by an anticompetitive intent, are immune from antitrust liability.

Ethridge v. City of Brentwood, Tenn.

887 F.2d 1086 · Court of Appeals for the Sixth Circuit · Oct 17, 1989

Ethridge's right to refuse to take the examination, claimed under a Tennessee statute, was not clearly established, and therefore the individual defendants were entitled to qualified immunity. … Although this right was not clearly established for purposes of qualified immunity, the magistrate concluded that Ethridge had a right to declaratory relief and back pay.

United States v. Harry William Daniels, Jr.

446 F.2d 967 · Court of Appeals for the Sixth Circuit · Aug 18, 1971

Finally, the District Court indicated that it was “qualified by experience, temperament [and] knowledge of law * * * in giving this sentence [of five years]” and that the Court used such experience and the record of this … The process of sentencing an offender, however, is not wholly immunized from judicial review solely because the sentence imposed upon the offender falls somewhere within certain statutory limits. Williams v.

United States v. Taylor

648 F.3d 417 · Court of Appeals for the Sixth Circuit · Jun 7, 2011

Taylor challenged the PSR’s conclusion that he qualified as an armed career criminal. … At resentencing, the district court should explain clearly its rationale for imposing the particular sentence. 4.

Ford Motor Company v. Northbrook Insurance Company

838 F.2d 829 · Court of Appeals for the Sixth Circuit · Jan 26, 1988

In light of these principles, Foss' testimony was clearly admissible. 22 Similarly, the district court properly considered other extrinsic evidence that established that Ford and Northbrook intended to treat Ford's self-insurance … Additional evidence establishes that the 1977 Northbrook policy was designed to "basically duplicate" the 1976 Home policy.

Medical Mut. of Ohio v. K. AMALIA ENTERPRISES INC.

548 F.3d 383 · Court of Appeals for the Sixth Circuit · Dec 2, 2008

There is no dispute that MMO is a fiduciary, that the plan at issue in this case qualifies as an ERISA plan, and that none of the statutory exemptions from ERISA are applicable. … MMO also contended in that motion that the district court clearly erred when it analyzed the contractual limitations provision at issue.

Georgia-Pacific Consumer Prods. v. NCR Corp.

40 F.4th 481 · Court of Appeals for the Sixth Circuit · Jul 14, 2022

As a result, “a provision governing the time to appeal in a civil action qualifies as jurisdictional only if Congress sets the time.” Id. … We then concluded in Gunter that “[b]ecause Congress has not clearly required a timely notice of cross-appeal for a court to exercise jurisdiction over it, Federal Appellate Rule 4(a)(3) establishes only a mandatory claim

Sanic v. Holder

343 F. App'x 62 · Court of Appeals for the Sixth Circuit · Aug 20, 2009

To establish eligibility for asylum, Sanie must demonstrate that he qualifies as a refugee. 8 C.F.R. § 1208.13 (b); 8 U.S.C. § 1158 (b)(1)(A). … Sanie argues that the threats of violence and physical beating he and his family received at the hands of the guerrillas during the single encounter in May 1990 “clearly establishfed]” that he “was the victim of past persecution