Case law

Obron Atlantic Corp. v. Barr

990 F.2d 861 · Court of Appeals for the Sixth Circuit · Feb 18, 1993

According to Obron’s complaint, Owen testified before the grand jury on a grant of immunity. Two former Obron employees also were called to testify, and portions of the tapes were played. … As to the second prong of the § 2511(2)(c) exception, “[cjourts have established that informants who record private conversations at the direction of government investigators are ‘acting under color of law.’ ” United States

W-R Co. v. Sova

106 F.2d 478 · Court of Appeals for the Sixth Circuit · Sep 18, 1939

read as applicable to the particular facts proved or assumed to be proved, since the generality of expressions which may be found in opinions are not intended to be the exposition of the whole law, but are governed and qualified … All of the cases cited by appellee are clearly distinguishable on the facts. In the Austin case, as in the others, the experiment was necessary to determine whether the invention was complete.

United States v. James Hart

640 F.2d 856 · Court of Appeals for the Sixth Circuit · May 18, 1981

Hart’s final argument is that the court’s charge on reasonable doubt shifted the burden to the defense to establish reasonable doubt. … You determine what he said, but just remember his qualifications, and Judge Thorton qualified him as an expert after we put his background into the case.” 8.

First Defiance Financial Corp. v. Progressive Casualty Insurance

688 F.3d 265 · Court of Appeals for the Sixth Circuit · Aug 1, 2012

The phrase does not establish a subjective standard; it establishes an objective one, meaning “apparent or obvious.” FDIC v. St. Paul Fire & Marine Ins. Co., 942 F.2d 1032, 1035 (6th Cir. 1991). … While these disclaimers did not tell customers that they would assume the risk of employee theft, they clearly did not tell customers that First Defiance assumed that responsibility, either.

United States v. King

834 F.2d 109 · Court of Appeals for the Sixth Circuit · Nov 25, 1987

Under certain circumstances, a layoff man can clearly fit this formulation. … Proof of one layoff, by itself, does not establish that a person conducted the business of a bookmaker.

Choate's Air Conditioning & Heating, Inc. v. Light, Gas & Water Division

16 F. App'x 323 · Court of Appeals for the Sixth Circuit · Jun 22, 2001

Similarly, the district court’s dismissal of Choate’s claims against Morris was proper, as Choate’s failure to state a constitutional violation made unnecessary any determination of whether Morris was subject to qualified … immunity, as he asserted.

Baggs v. Eagle-Picher Industries, Inc.

957 F.2d 268 · Court of Appeals for the Sixth Circuit · Feb 27, 1992

The court next held that Aslanian’s comments to the media were protected by a qualified privilege. … Since Eagle-Picher clearly regarded violations of its drug policy as serious offenses, the provision in the handbook for discharge without warning applied.

74 Fair empl.prac.cas. (Bna) 984, 72 Empl. Prac. Dec. P 45,149 Karl D. Brocklehurst, Plaintiff-Appellee/cross-Appellant v. Ppg Industries, Inc., Defendant-Appellant/cross-Appellee

123 F.3d 890 · Court of Appeals for the Sixth Circuit · Oct 9, 1997

Clearly Johnson is at least as qualified as Brocklehurst. 32 Moreover, the Michigan Supreme Court has made it clear that in a RIF case, the fact that a competent older employee was terminated and a younger employee was retained … In a RIF, qualified employees are going to be discharged.

Brunet v. City Of Columbus

1 F.3d 390 · Court of Appeals for the Sixth Circuit · Oct 4, 1993

The party invoking federal jurisdiction bears the burden of establishing standing to sue. Warth v. … Thus, the consent decree contains a gender preference since it requires that some lesser qualified women be hired before better qualified men.

Bobbie Clinton Baker, Cross-Appellant v. Richard P. Seiter, John F. Kinkela, James K. Jackson, Ronald Nelson, Deborah Timmerman, Charles R. Mason, Frederick McAnich Cross-Appellees

872 F.2d 1023 · Court of Appeals for the Sixth Circuit · Apr 4, 1989

immunity. … In the qualified immunity context, an order denying summary judgment without prejudice to refiling after further discovery is not final. Sinclair v. Schriber, 834 F.2d 103, 104-05 (6th Cir.1987).

Gutzwiller v. Fenik

860 F.2d 1317 · Court of Appeals for the Sixth Circuit · Nov 1, 1988

Metals Trades, Inc., 775 F.2d 703, 710 (6th Cir.1985), even if a plaintiff had established a prima facie case of discrimination, the plaintiff must still prove that she is qualified for tenure and the defendants may show … In addition, the department chairman in Kunda found *1341 the teacher qualified for tenure and the district judge who had heard the case expressly found her “qualified for tenure as well as for promotion.” Id. at 540 .

Fligiel v. Samson

Court of Appeals for the Sixth Circuit · Mar 7, 2006

Lucas, 462 U.S. 367 (1983), and that the claims were barred on both sovereign and qualified immunity grounds. … of Samson, Garthwaite, and West, and the qualified immunity of Samson.

Hodgson v. Local 1299, United Steelworkers of America

453 F.2d 565 · Court of Appeals for the Sixth Circuit · Dec 29, 1971

Therefore, the decision in the Local 6799 ease clearly precludes litigation of this issue, and the Secretary has so conceded. … The evidence clearly was sufficient to support this finding.

Pervis T. Payne v. Ricky Bell, Warden

418 F.3d 644 · Court of Appeals for the Sixth Circuit · Jul 22, 2005

established federal law. … That adjudication was not an unreasonable application of clearly established federal law.

Jason Gati v. W. Ky. Univ.

Court of Appeals for the Sixth Circuit · Jan 29, 2019

Kline and Priddy assert sovereign immunity on Gati’s official-capacity claims, and qualified official immunity on the individual-capacity claims. Aiding and abetting the university’s KCRA violation. … Priddy argued that qualified immunity shields her from liability.

United States v. Harold E. Ford

830 F.2d 596 · Court of Appeals for the Sixth Circuit · Sep 25, 1987

Maxwell, 384 U.S. 333, 363 , 86 S.Ct. 1507, 1522 , 16 L.Ed.2d 600 (1965), as establishing a lower standard in such cases. This contention is in error. … Id. at 241 , As we indicated clearly in the CBS case, such broadly based restrictions on speech in connection with litigation are seldom, if ever, justified.

General Tobacco & Grocery Co. v. Fleming

125 F.2d 596 · Court of Appeals for the Sixth Circuit · Feb 5, 1942

books, records, documents and papers demanded by subpoena duceé tecum, upon allegation of the previous refusal of appellant to produce its books and records at a designated time and place in obedience to an order of a duly qualified … application of the petitioner, the answer of the respondent thereto, and after hearing argument of counsel on behalf of the parties and on all of the proceedings herein and it appearing that the jurisdiction of the court is established

Swank v. CareSource Management Group Corp.

657 F. App'x 458 · Court of Appeals for the Sixth Circuit · Aug 17, 2016

, a plaintiff must, in addition to establishing that he or she is disabled, establish that he or she is “‘otherwise qualified’ for the position despite his or her disability: (a) without accommodation from the employer; … A plaintiff can establish the second element of his prima facie case by showing that he is “otherwise qualified” for the position “with an alleged ‘essential’ job requirement eliminated.” Kleiber, 485 F.3d at 869.

Laskaris v. Fifth Third Bank (In Re Fifth Third Early Access Cash Advance Litig.)

925 F.3d 265 · Court of Appeals for the Sixth Circuit · May 28, 2019

"To establish a claim for breach of contract, a plaintiff must prove: (1) the existence of a contract, (2) performance by the plaintiff, (3) breach by the defendant, and (4) damages or loss resulting from the breach." … Technical terms will be given their technical meaning, unless a different intention is clearly expressed." Foster Wheeler Enviresponse, Inc. v. Franklin Cty.

Joyce Brooks Janes v. Bardstown City Schools Board of Education

97 F.3d 1452 · Court of Appeals for the Sixth Circuit · Sep 20, 1996

Janes asserted that she was the most qualified person for the job, according to Dr. Hagan, he told her that her experience was not an advantage. … Janes was not considered for the job. 9 The plaintiff's affidavit clearly supports an inference that she was deemed disqualified because she did not send her children to the public schools. And Mrs.