Case law

United States v. Charles Hughes (88-1658), Luckett Larry (88-1659), Sanford Hoskow (88-1660), Basem Kandah (88-1661), and Dale Dudley (88-1751)

895 F.2d 1135 · Court of Appeals for the Sixth Circuit · Feb 12, 1990

On appeal, disturbing such a decision is unwarranted unless it is clearly arbitrary or without support in the record. United States v. … Koenig was qualified as an expert pursuant to Fed.R.Evid. 702 and answered only hypothetical questions about medical practice. 15 .

Burnley v. Bosch Americas Corp.

75 F. App'x 329 · Court of Appeals for the Sixth Circuit · Aug 27, 2003

Harris’s oversight clearly constituted neglect. … action; (3) that he or she was qualified for the position; and (4) that he or she was replaced by someone outside the protected class or was treated differently from similarly situated members in *334 an unprotected class

United States v. Nicholas J. Triana, Jr.

468 F.3d 308 · Court of Appeals for the Sixth Circuit · Nov 2, 2006

This Court finds Triana’s arguments to be disingenuous in light of the evidence established at trial. … instead are entities qualified to participate in, and receive reimbursement from those programs.”

Andre Coleman v. Governor of State of Michigan

413 F. App'x 866 · Court of Appeals for the Sixth Circuit · Mar 16, 2011

Absolute judicial immunity applies not only to judges, but has extended, in the form of quasi- judicial immunity, to any person acting as an arm of the absolutely immune judicial officer. See Bush v. … As the district court correctly states, the Administrative Order 2001-5 “qualifies as a judicial action considered by the district court, unless review of an issue is necessary in order to prevent manifest injustice, promote

Raymond Tank and Elizabeth Tank v. Commissioner of Internal Revenue

270 F.2d 477 · Court of Appeals for the Sixth Circuit · Sep 18, 1959

Clark’s utilization of this well established scientific procedure serves, in our opinion, only to confirm, or reinforce, his qualification as an expert. The uncontroverted testimony discloses the following: Mr. … Such expert, for example, might conduct his examination by making rather deep, exploratory openings in the earth which might establish a direct cause of cracks in a building.” (Petitioners’ Brief, Appendix, p. 118a.)

Cowan v. Paul Revere Life Insurance

30 F. App'x 384 · Court of Appeals for the Sixth Circuit · Feb 11, 2002

Cowan has been insulin dependent for his diabetes, that, in itself, would not qualify an employee as [totally disabled]. Although the Department of Labor will not allow Mr. … Simply because the court ultimately concluded, as a matter of law, that the policy provided coverage does not necessarily establish that the insurer’s denials were made in bad faith.

Jesse Brumely and Thomas Crum v. George Wilson Al C. Parker J.W. Travis Bobby Burchett and Timothy Barnes

831 F.2d 1063 · Court of Appeals for the Sixth Circuit · Oct 30, 1987

831 F.2d 1063 Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service … The district court held that Brumley and Crum were subjected to a prison disciplinary proceeding that failed to afford minimum procedural due process of law, and that the Appellants were not protected by qualified immunity

In Re: Michael Duane Wilcox, Debtor. Charles J. Taunt, Trustee v. General Retirement System of the City of Detroit and Board of Trustees of the General Retirement System of the City of Detroit

233 F.3d 899 · Court of Appeals for the Sixth Circuit · Nov 13, 2000

The court further held that the debtor's interest in the plan didnot qualify for exemption from the bankruptcy estate as an interest under a spendthrift trust. … Anti-alienation provisions clearly meet this test, and the bankruptcy trustee does not contend otherwise.

Findlay Truck Line, Inc. v. Central States, Southeast & Southwest Areas Pension Fund

726 F.3d 738 · Court of Appeals for the Sixth Circuit · Aug 9, 2013

To the extent this Court has concluded that [the employer] has established irreparable injury in the preliminary injunction context, it has established that necessary to avoid arbitration.” Id. (citation omitted). … Congress has clearly indicated its intent in this matter.

Irick v. Bell

565 F.3d 315 · Court of Appeals for the Sixth Circuit · May 12, 2009

AEDPA prohibits us from granting a state prisoner’s habeas petition unless the state court’s decision “was contrary to, or involved an unreasonable application of, *320 clearly established Federal law, as determined by the … “[A] federal habeas court may not issue a writ under the unreasonable application clause ‘simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established

Douglas Lindsay, Sr. v. Brent Yates

Court of Appeals for the Sixth Circuit · Aug 21, 2009

McDonnell Douglas held that a prima facie case of racial discrimination in employment was established when the plaintiff shows that: (i) [] he belongs to a racial minority; (ii) [] he applied and was qualified … While this may be true of other circuits, the Sixth Circuit has clearly held that mere satisfaction of the first three elements of the prima No. 08-3633 Lindsay, et al. v.

International Longshoremen's Ass'n, AFL-CIO, Local Union No. 1937 v. Norfolk Southern Corp.

927 F.2d 900 · Court of Appeals for the Sixth Circuit · Mar 12, 1991

A cost-plus contract, by itself, does not establish a joint employer relationship. It is undisputed that Lower Lake and N & W had neither common management nor common ownership. … Based upon this record, the district court’s finding of “alter ego” or joint employer status between Lower Lake and the railroad defendants is clearly erroneous.

Carroll v. United States

174 F.2d 412 · Court of Appeals for the Sixth Circuit · May 18, 1949

“It is Further Ordered that the Clerk deliver a certified copy of this judgment and commitment to the United States Marshal or other qualified officer and that the same shall serve as the commitment herein. … Hudspeth, supra, that the statute clearly embraces several separate and distinct offenses: (1) breaking the seal of a railroad car containing an interstate shipment of freight; (2) entering the car with intent to commit larceny

Millsaps v. Thompson

259 F.3d 535 · Court of Appeals for the Sixth Circuit · Aug 3, 2001

The Early Voting Statutes clearly set forth the rationale for this system: “The purpose of this part is to establish an early voting period when eligible registered voters may vote before an election at the county election … Foster, 522 U.S. at 69-70 , 118 S.Ct. 464 . 2 Although these statutes clearly establish a uniform “Federal Election Day” throughout the nation, the omission of a definition of the term “election” has led the Supreme Court

Gibson Guitar Corp. v. Paul Reed Smith Guitars, Lp

423 F.3d 539 · Court of Appeals for the Sixth Circuit · Sep 12, 2005

Post-Sale Confusion The one published case where we have applied post-sale confusion is also clearly distinguishable from the present ease. … However, the further determination of whether a given set of foundational facts establishes a likelihood of confusion is a legal conclusion.

Charles Johnston v. Arnold R. Jago

691 F.2d 283 · Court of Appeals for the Sixth Circuit · Oct 22, 1982

Secondly, plaintiff must establish some minimum basis in law for the relief secured. … While the evidence on this point is susceptible to a contrary resolution, this Court cannot characterize the finding as clearly erroneous.

Brian Patterson v. City of Akron, Ohio

619 F. App'x 462 · Court of Appeals for the Sixth Circuit · Jul 22, 2015

The district court granted summary judgment on all of Brian’s claims and denied the officers’ claim to qualified immunity as to Derek. … This Court affirmed the district court’s qualified immunity ruling. Patterson v. City of Akron, Case No. 09-4131 (Order, March 9, 2011).

Metropolitan Board of Public Education, Metropolitan Government of Nashville and Davidson County v. Joel Guest, by and Through His Parents, Sara and Bob Guest Sara Guest Bob Guest

193 F.3d 457 · Court of Appeals for the Sixth Circuit · Oct 4, 1999

The district court also found that Joel received "appropriate supplemental special education and services from qualified and sincere individuals." JA at 36. … The Court did not make a finding as to whether substantive harm resulted from the first two violations established.

Ikharo v. Holder

614 F.3d 622 · Court of Appeals for the Sixth Circuit · Aug 2, 2010

Fruchey, 492 F.3d 766, 769 n.1 (6th Cir. 2007) (en banc) (“Having failed to challenge [the district court’s qualified immunity ruling] in his briefing, Pagan has waived any argument that the district court’s decision . . … Thus, proof of prejudice is necessary to establish a due process violation in an immigration hearing.

Javery v. Lucent Technologies, Inc. Long Term Disability Plan for Management or LBA Employees

741 F.3d 686 · Court of Appeals for the Sixth Circuit · Feb 3, 2014

Defendant argues that Plaintiff has not established by a preponderance of the evidence that he was “disabled” at the relevant time. … Long Term Disability Plan Page 4 [Lucent] employment), (as a management or LBA employee), for which the individual is qualified or may reasonably become qualified by training