Case law

Danny L. KEY, Plaintiff-Appellant, v. John J. CALLAHAN, Acting Commissioner of Social Security, Defendant-Appellee

109 F.3d 270 · Court of Appeals for the Sixth Circuit · Feb 11, 1997

The regulations clearly provide that the ALJ may complete the form without the assistance of a medical advisor. 20 C.F.R. § 404 .1520a(d)(l)(i) (1996). … Only when the claimant has established that he can no longer perform his past relevant work does the burden shift to the Commissioner to establish that the claimant retains the residual functional capacity to perform other

N.W. Ex Rel. J.W. v. Boone County Board of Education

763 F.3d 611 · Court of Appeals for the Sixth Circuit · Aug 18, 2014

The district court, like the hearing officer and the ECAB, found that “N.W. ha[d] not established that the District’s offer of placement at New Haven [a District elementary school with an autism-specific classroom] was inappropriate … “[We], in turn, appl[y] a clearly erroneous standard of review to the district court’s findings of fact and a de novo standard of review to its conclusions of law.” Id. at 850 (citing Knable ex rel. Knable v.

McNeilus Truck and Manufacturing, Inc., a Minnesota Corporation McNeilus Financial Services, Inc., a Minnesota Corporation McNeilus Financial, Inc., a Texas Corporation v. State of Ohio, Ex Rel. Betty Montgomery, Attorney General for the State of Ohio Mitchell J. Brown, Commissioner of the Ohio Bureau of Motor Vehicles,defendants-Appellees

226 F.3d 429 · Court of Appeals for the Sixth Circuit · Aug 31, 2000

In short, the plausible, albeit dubious, explanations given by Ohio for the statute suffice to establish a rational relation to a legitimate state end, which is all that equal protection requires. … McNeilus argues that a state law cannot be the basis for antitrust immunity. See Northern Secs. Co. v. United States, 193 U.S. 197 (1904).

Estate of Joann Matouk Romain v. City of Grosse Pointe Farms

935 F.3d 485 · Court of Appeals for the Sixth Circuit · Aug 14, 2019

We allow these claims if a plaintiff can show that: (1) a state actor's "affirmative act" created or increased the risk that the plaintiff would suffer private violence; (2) this risk qualifies as a "special danger" that … Indeed, while it is now well-established that the Equal Protection Clause provides a general antidiscrimination mandate for all state acts, Village of Willowbrook v.

United States v. Jamel Smithers

960 F.3d 339 · Court of Appeals for the Sixth Circuit · May 26, 2020

The probation office found that Smithers did not qualify for relief under the Act. … if Congress clearly says so.

General Motors Corp., Inc. v. National Labor Relations Board

700 F.2d 1083 · Court of Appeals for the Sixth Circuit · Mar 2, 1983

But it is clearly required to furnish all relevant information from such work sheets which the Committeeman requests. … Clearly no such abuse has occurred.

United States v. Abiodun

20 F. App'x 292 · Court of Appeals for the Sixth Circuit · Sep 17, 2001

Given these circumstances, the district court did not clearly err in finding that Abiodun did not accept responsibility *294 either in a timely fashion or to the extent that the additional one-level reduction under § 3El.l … In general, the conduct qualifying for a decrease in offense level under subsection (b)(1) or (2) will occur particularly early in the case”).

19 Employee Benefits Cas. 1969, Pens. Plan Guide P 23913r Glenn Kuper and Cliff Jones, on Behalf of Themselves and All Others Similarly Situated v. Michael Iovenko and H. Weston Clarke, Jr., Quantum Chemical Corporation

66 F.3d 1447 · Court of Appeals for the Sixth Circuit · Oct 4, 1995

The Plan provided that the ESOP feature was "designed to invest primarily in qualified" Quantum securities. Sec. 5.01(a), J.A. 581. … Clearly, distribution of the ESOP funds before the trust-to-trust transfer would have made such a transfer impossible.

ESTATE OF

137 F.3d 398 · Court of Appeals for the Sixth Circuit · Feb 25, 1998

Nothing in this language establishes that Mauro's fingers were ever in the presence of sharp instruments while in a highly confined or poorly-visualized anatomic site. … The Guidelines clearly regard such entry into wounds as acceptable, absent particularly hazardous conditions.

United States v. Patricia S. Chichy (92-3481) Shelton Galloway, Jr. (92-3497)

1 F.3d 1501 · Court of Appeals for the Sixth Circuit · Aug 6, 1993

HUD-FHA regulations require that the mortgage company obtain from, and verify with, the loan applicant the documents submitted to establish income and employment. … The indictments in the present case are clearly sufficient based on these criteria. 4 .

Calvin L. Baird, Sr. v. United States Department of Agriculture

39 F.3d 131 · Court of Appeals for the Sixth Circuit · Nov 10, 1994

It may do so by establishing (1) ownership; (2) showing, exhibition, or entry; and (3) soreness. … In our view, if Congress had wanted to establish a strict liability scheme with regard to § 1824(2)(D), it could have done so clearly and unambiguously.

Homemakers Home & Health Care Services, Inc. v. Carden

538 F.2d 98 · Court of Appeals for the Sixth Circuit · Jun 21, 1976

Thus, as both parties concede, the only issue left before the District Court was whether Homemakers qualified as a “retail or service establishment” as defined in the Section 13(a)(2) exemption. … We cannot say that the conclusion to which it came was clearly erroneous.”

Mary Jane Gross v. City of Dearborn Heights

625 F. App'x 747 · Court of Appeals for the Sixth Circuit · Sep 8, 2015

immunity. … The defendants moved for summary judgment on all claims, arguing that the officers were entitled to qualified immunity and that, because they did not commit constitutional violations, the Grosses’ municipal liability and

Liberty Mutual Insurance Group v. Iron Workers Health Fund of Eastern Michigan

879 F.2d 1384 · Court of Appeals for the Sixth Circuit · Sep 5, 1989

The “saving” clause, however, is then modified by a third step, the so-called “deemer” clause, which states: Neither an employee benefit plan described in [the act] ..., nor any trust established under such a plan, shall … The court quoted the above-cited dicta from Metropolitan Life setting forth the distinction between insured and uninsured plans, but nevertheless concluded that self-insured plans are not “totally immune from traditional

Richard F. Conlin, Richard L. Fitzpatrick v. James J. Blanchard

890 F.2d 811 · Court of Appeals for the Sixth Circuit · Nov 27, 1989

Count I further alleged that the MEEBOC established affirmative action goals which mirrored the general population of women and minorities in the state. … For example, if the range of applicants from minimally qualified to very qualified is a broad one, the state may simply set the required “qualifications” as low as it pleases to justify any sex-based hires.

North American Specialty Insurance v. Myers ex rel. Estate of Myers

111 F.3d 1273 · Court of Appeals for the Sixth Circuit · Apr 16, 1997

The District Court later denied a motion for reconsideration filed by the Myers estate and Colwell; in that motion, appellants presented an affidavit which assertedly established that Arthur Huffman had satisfied the conditions … Because the binder contains no special section explicitly designating CFIs as proper operators, and because the “Special Pilot Provisions” clearly do not apply to CFIs, coverage can occur when a CFI was piloting the plane

Joe D. Pennycuff v. Fentress County Board of Education and Homer Lee Linder, Jr., Superintendent of Fentress County Schools

404 F.3d 447 · Court of Appeals for the Sixth Circuit · Apr 12, 2005

They include the requirement that a teacher must complete a three-year probationary period in order to qualify for tenure. Tenn.Code Ann. § 49-5-503(2)(C). … “First, a party’s later position must be ‘clearly inconsistent’ with its earlier position.” Id. (quoting United States v. Hook, 195 F.3d 299 , 306 *453 (7th Cir.1999)).

Preterm-Cleveland v. Himes

940 F.3d 318 · Court of Appeals for the Sixth Circuit · Oct 11, 2019

That is not the legal framework established in Gonzales. … Under a proper analysis, such a consequence may not qualify as an undue burden. See Women’s Med. Prof’l Corp. v.

Jeremy Hoven v. Walgreen Co.

751 F.3d 778 · Court of Appeals for the Sixth Circuit · Jun 2, 2014

The fact that the statute immunizes an individual who meets its requirements from criminal consequences but not civil liability demonstrates that it does not confer an unlimited right to engage in self-defense—it only provides … The MMMA states that “[a] qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege . . . for

United States v. Reinhard

Court of Appeals for the Sixth Circuit · Feb 5, 2008

After establishing that the elevator was working and there were no cameras in the library, “Beckman” asked if he could have his friend join them. When Mrs. … State prosecutors were also included in the second meeting, to share the information and ensure direct-use immunity from state prosecution as well.