Case law

Metro Life Ins Co v. Conger

Court of Appeals for the Sixth Circuit · Jan 16, 2007

The Act gave the Office of Personnel Management (“OPM”) the responsibility to enter into group contracts (known as “master contracts”) with qualified insurance carriers, and thereby establish and administer a program through … Instead, the LTCSA merely “establishes minimal underwriting standards for master contracts, and delegates the establishment of further underwriting requirements to the qualified carriers and OPM.” Id.

Cox v. Drake

241 F. App'x 237 · Court of Appeals for the Sixth Circuit · Jun 21, 2007

(affirming the Page 9 of 13 district court’s denial of qualified immunity to building inspector when he along with police officers evicted tenants from apartment building because of … unsafe conditions without prior notice or hearing because he did not act reasonably when he deprived plaintiffs of right to their leasehold property interest, but reversing the district court’s denial of qualified immunity

Dr. Martin TREPEL, Plaintiff-Appellant-Cross-Appellee, v. ROADWAY EXPRESS, INC. Defendant-Appellee/Cross-Appellant

194 F.3d 708 · Court of Appeals for the Sixth Circuit · Oct 15, 1999

In this ease, Trepel seeks to admit evidence of an out-of-court conversation that he had with Dinhofer to establish the amount of his damages. … Placid Oil Co., 11 F.3d 563 , 567 n. 6 (5th Cir.1994) (“Experts generally may rely on hearsay, however, if the data is reliable and qualified under Rule 703”) (emphasis added) (citation omitted); Gong v.

Donald Gilbert Smith v. U.S. Marshal, Name Unknown Deputy U.S. Marshal, Name Unknown Deputy U.S. Marshal, Name Unknown and United States of America

833 F.2d 1013 · Court of Appeals for the Sixth Circuit · Nov 18, 1987

Fitzgerald, 457 U.S. 800 (1982) ] qualified immunity standard is to protect public officials from the 'broad-ranging discovery' that can be 'peculiarly disruptive of effective government.' … For this reason, we have emphasized that qualified immunity questions should be resolved at the earliest possible stage of a litigation."

Fautenberry v. Mitchell

515 F.3d 614 · Court of Appeals for the Sixth Circuit · Jan 25, 2008

Furthermore, I conclude that -the Ohio courts’ determination that his counsel was not deficient was contrary to clearly established federal law. I. … Accordingly, I conclude that Fautenberry has established ineffective assistance of counsel at the mitigation phase of his trial and that the Ohio Court of Appeals’s holding was contrary to clearly established federal law.

Russell v. University of Toledo

Court of Appeals for the Sixth Circuit · Aug 12, 2008

) she was qualified for the position, and (4) she was replaced by a person outside of the protected class.” … Clearly, illegal discrimination may be found when a plaintiff establishes that “the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions

Mich. Republican Party v. Jocelyn Benson

Court of Appeals for the Sixth Circuit · Apr 15, 2020

shall be populated from the balance of qualifying applicants to that pool. … Seemingly none would be immune from Anderson- Burdick’s growing reach.  Nos. 19-2377/2420 Daunt et al. v. Benson et al.

Coles W. Raymond, M.D. And Virginia Raymond, His Wife v. United States

511 F.2d 185 · Court of Appeals for the Sixth Circuit · Mar 5, 1975

“Only a bona fide debt which arises from a debtor-creditor relationship based upon a valid and enforceable obligation to pay a fixed or determinable sum of money” qualifies, as a bad debt for the purposes of section 166. … Although taxpayers testified that the advances were loans and although the transactions were evidenced by demand notes, this court held that any determination that the advances were genuine debts would be clearly erroneous

Cress v. Palmer

Court of Appeals for the Sixth Circuit · Apr 5, 2007

An “unreasonable application” of clearly established federal law occurs if (a) “‘the state court identifies the correct governing legal rules from the [Supreme] Court’s cases but unreasonably applies it to the facts of the … The district court concluded that because the Supreme Court has not clearly established that post-conviction destruction is a due process violation, the petitioner’s claim in this regard could was not cognizable on federal

George Nichols, Iii, in His Capacity as Liquidator of Kentucky Central Life Insurance Company v. United States

260 F.3d 637 · Court of Appeals for the Sixth Circuit · Aug 13, 2001

Sections 1502 and 1503 of the Tax Code provide the Secretary with the authority to establish regulations in the area of consolidated returns. … The purpose of the two separate accounts is to establish proper income tax treatment of shareholder distributions afforded life insurance companies. Id.

Skelton v. Sara Lee Corp.

249 F. App'x 450 · Court of Appeals for the Sixth Circuit · Oct 3, 2007

Thus, Defendant’s reason for including Skelton in the RIF is clearly based in fact. … Skelton next argues that the interviews “were clearly a sham.” (Pl.’s Br. at 32.)

Walter Jones v. Patricia Caruso

Court of Appeals for the Sixth Circuit · Jun 23, 2009

immunity. … Accordingly, this factor clearly favors Jones. 3.

Effie Stewart v. J. Kenneth Blackwell

444 F.3d 843 · Court of Appeals for the Sixth Circuit · Apr 21, 2006

Ohio, 193 F.3d 389 (6th Cir.1999), as establishing the relevant framework for this Court’s analysis. … Thus, the district court held “that the plaintiffs have not established their vote denial claim.”

Bangura v. Hansen

434 F.3d 487 · Court of Appeals for the Sixth Circuit · Jan 18, 2006

Plaintiffs’ complaint does not clearly allege that the INA creates a protected interest. … If this right exists, however, it clearly belongs to the citizen spouse and not the alien spouse. Wright v.

Communities for Equity v. Michigan High School Athletic Ass'n

377 F.3d 504 · Court of Appeals for the Sixth Circuit · Jul 27, 2004

Tennessee Secondary School determined to be clearly erroneous. Berger v. Medina City Athletic Association, 531 U.S. 288 (2001). Cmtys. for Equity, Sch. … Because of “the pervasive entwinement of Constitution provides that “[n]o State shall make or enforce state school officials in the structure of the association,” the any law which shall abridge the privileges or immunities

Keith Harbin-Bey v. Lyle Rutter

420 F.3d 571 · Court of Appeals for the Sixth Circuit · Aug 18, 2005

Although Harbin-Bey claims that his STG designation was based on his religious beliefs, the record clearly shows that he was designated as an STG member because of his gang affiliation, not because of his religion. … Harbin-Bey failed to establish that he suffered any adverse action that would satisfy the standard set forth in Thaddeus-X .

Robert Back v. Nestle USA, Inc.

694 F.3d 571 · Court of Appeals for the Sixth Circuit · Sep 13, 2012

For this level of hearsay, Shelburne’s statement qualifies for admissibility under Rule 801(d)(2)(D). … His only fallback is to argue that other, informal criticisms in his file related to things that were minor or so clearly not his fault that a reasonable person could infer that Nestlé was documenting his file with frivolous

James Henry Beard v. Michael Dutton, James Vandever, Lt. Crary, Rosa Johnson, Joe Sargeant, Charles Tracy, and Alvis Hutchinson

820 F.2d 405 · Court of Appeals for the Sixth Circuit · Jun 11, 1987

Hill, 472 U.S. 445 (1985). 6 With respect to plaintiff's allegations that he was being kept in administrative segregation for reasons other than the assault and in violation of procedural due process, the record clearly establishes … Walters, 638 F.2d 947 (6th Cir.1981). 8 Since there was demonstrated no violation of clearly established statutory or constitutional rights, moreover, the defendants enjoyed qualified immunity from liability for civil damages

Florence BERGER, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

835 F.2d 635 · Court of Appeals for the Sixth Circuit · Dec 16, 1987

services rendered by the individual; (3) The extent and nature of the activity performed by the individual before he allegedly retired as compared with that performed thereafter; (4) The presence or absence of an adequately qualified … paid manager, partner, or family member who manages the business; (5) The type of business establishment involved; (6) The amount of capital invested in the trade or business; and (7) The seasonal nature of the trade or

Cleveland Firefighters for Fair Hiring Practices v. City of Cleveland

669 F.3d 737 · Court of Appeals for the Sixth Circuit · Jan 27, 2012

The decree clearly states that the decree “shall remain in full force and effect until the City of Cleveland Department of Public Safety, Division of Fire, reaches a 33 1/3% minority makeup or until the City has established … The City further stopped creating eligible lists to allow for more qualified minority candidates to be considered. The remedy set forth in the 2000 Consent Decree was neither arbitrary nor perpetual.