Case law

John J. Mascio v. Public Employees Retirement System of Ohio Richard E. Schumacher

160 F.3d 310 · Court of Appeals for the Sixth Circuit · Jan 11, 1999

This conclusion is clearly at odds with the facts presented here and the purpose of the statute. … The statute gave non-registrants thirty days after receiving notice of ineligibility to register and qualify for aid. .

Verizon North, Inc. v. John G. Strand, Chairman John C. Shea, Commissioner and David A. Svanda, Commissioner

309 F.3d 935 · Court of Appeals for the Sixth Circuit · Nov 7, 2002

Therefore, Congress has clearly stated its intent to supersede state laws that are inconsistent with the provisions of the FTA. … They can enter into a qualifying interconnection agreement, 47 U.S.C. § 271 (c)(1)(A), (c)(2)(B), or, in the event that no market competitors request such an agreement, they can file a qualifying “statement of the terms and

Sharon Johnson v. Cleveland City School District

443 F. App'x 974 · Court of Appeals for the Sixth Circuit · Nov 15, 2011

It found that Johnson had established a genuine issue of fact as to whether she has a recognized disability. … In order to establish a prima facie case for failure to accommodate, a plaintiff must show that: (1) she is disabled within the meaning of the Act; (2) she is otherwise qualified for the position, with or without reasonable

United States v. Al-Cholan

610 F.3d 945 · Court of Appeals for the Sixth Circuit · May 27, 2010

Setting aside the question of inducement, Al-Cholan’s entrapment de *951 fense fails because the evidence ineontrovertibly establishes that he was predisposed to commit the offense. … (n.4(B)(i)). *955 These two separate occasions may include “the instant offense,” and prior occasions need not have resulted in a conviction to qualify. Id. (n.4(B)(ii)).

Irwin v. Odyssey Contracting Corp.

61 F. App'x 150 · Court of Appeals for the Sixth Circuit · Mar 13, 2003

However, the district court’s analysis clearly shows that despite its use of the word “prove,” it applied the correct standard and determined whether there is any “genuine issue as to any material fact.” … Johnson Company, because it was his employer, and was therefore immune from tort liability under the "exclusive remedy" provision of Michigan’s workers' compensation statute. .

Robert Curto, Individually and D/B/A Curto's Auto Service v. City of Harper Woods, an Incorporated Municipality

954 F.2d 1237 · Court of Appeals for the Sixth Circuit · Jan 28, 1992

There is a clearly rational basis for the existence of such ordinances. It advances the governmental interest in the safety and welfare of the citizenry, in addition to the aesthetic needs of the neighborhood. … And the Court does not find that a failure to exhaust has occurred or was required here, and does not find that the city is immune from such a suit as this, for violation of constitutional rights.

Thompson v. North American Stainless, LP

567 F.3d 804 · Court of Appeals for the Sixth Circuit · Jun 5, 2009

Section 704(a) thus clearly limits the class of claimants to those who actually engaged in the protected activity. … In other words, Congress carefully chose qualifying words of action (“opposed,” “testified,” “made a charge,” “participated,” “assisted”), not words of association.

Auto-Owners Insurance Company v. Redland Insurance Company

Court of Appeals for the Sixth Circuit · Dec 15, 2008

In addition to the general rule that ambiguous policy provisions must be construed against the insurer, Ohio law requires us to interpret exclusions “as applying only to that which is clearly intended to be excluded.” … But to establish a relevant ambiguity, a litigant must put forward a “plausible” competing interpretation of the phrase, see Zirnhelt v. Mich. Consol.

Bradley v. Austin

841 F.2d 1288 · Court of Appeals for the Sixth Circuit · Mar 21, 1988

The Conference version of DEFRA was identical to the Senate version with one added modification, i.e., "a monthly disregard of $50 of child support received by a family [was] established." … Thus, Congress clearly intended to prohibit the prior practice of excluding siblings with income and resources from the family filing unit in order to allow other family members to qualify for AFDC benefits.

Karen Strehlke v. Grosse Pointe Pub. Sch. Sys.

654 F. App'x 713 · Court of Appeals for the Sixth Circuit · Jun 29, 2016

But, even assuming that more students are permitted to transfer to South than live in the disputed area, the transfer policy is still clearly addressed to balancing the numbers between the two schools, subject to good reasons … This court recognizes that the types of intimate human relationships that qualify for constitutional protection “ ‘attend the creation and sustenance of a family[,]’ including marriage, childbirth, raising and educating children

Kasuri v. St. Elizabeth Hospital Medical Center

897 F.2d 845 · Court of Appeals for the Sixth Circuit · Jan 2, 1990

We conclude that the court’s findings and conclusions were not clearly erroneous, and we decline to reverse the dismissal of the Title YII claim. B. … To establish a cause of action for fraud, the plaintiff would have to establish each of the elements listed above.

Am. Reliable Ins. Co. v. United States

Court of Appeals for the Sixth Circuit · Jun 28, 2024

Under the FTCA, a plaintiff meets its initial burden of establishing subject-matter jurisdiction so long as the pleading does not clearly fall within any of the exceptions of 28 U.S.C. §2680, one of which is the discretionary-function … In short, “[i]f the actions are either non- discretionary or discretionary but unprotected, the government is not entitled to sovereign immunity.” Ibid.

Samuel David Stockman, D.D.S. v. Oakcrest Dental Center, P.C., Louis E. Leonor, D.D.S., Individually

480 F.3d 791 · Court of Appeals for the Sixth Circuit · Mar 16, 2007

The district court refused to enforce the contract because (1) the offer was clearly an offer of reinstatement in exchange for settlement of the entire action, and (2) Dr. … Absent direct evidence of discrimination, a plaintiff claiming unlawful termination must establish a prima facie case showing that: (i) the employee was in a protected group; (ii) the employee was qualified for the position

Danny Hill v. Timothy Shoop

Court of Appeals for the Sixth Circuit · Aug 20, 2021

established federal law.” … Hill contends that the Ohio courts unreasonably applied clearly established federal law in determining that Hill’s statements to police were admissible.

Snider v. Creasy

728 F.2d 369 · Court of Appeals for the Sixth Circuit · Mar 1, 1984

III. 7 AFDC is a categorical public assistance program established by the Social Security Act of 1935. … Swank, 404 U.S. 282 , 92 S.Ct. 502 , 30 L.Ed.2d 448 (1971), held that states which seek to qualify for federal AFDC funding must operate a program not in conflict with the Social Security Act.

United States v. Helton

935 F.2d 739 · Court of Appeals for the Sixth Circuit · Jun 3, 1991

At least lk kilogram was qualified as attributable to Viey-ra. Chazulle was caught with IV2 kilograms. These quantities alone add up to more than five kilograms. … We therefore find that the district court’s ruling in this regard was not clearly erroneous. U.S.S.G. 4A1.1.

Bradley Cardew v. Comm'r of Soc. Sec.

896 F.3d 742 · Court of Appeals for the Sixth Circuit · Jul 23, 2018

The regulations likewise set income thresholds that establish compensation floors. See id. § 404.1574(b). … Cardew also argues that Lear’s summer internships generally do not qualify as the “kind of work activity usually done for pay or profit,” Id. § 404.1572(b).

V Secret Catalogue, Inc. v. Moseley

259 F.3d 464 · Court of Appeals for the Sixth Circuit · Jul 30, 2001

Some marks may qualify as arbitrary because they have no logical relationship to the product, but nonetheless have a low level of distinctiveness because they are common. … And as to consumer surveys, they are expensive, time-consuming and not immune to manipulation. Id. at 224 .

24 Fair empl.prac.cas. 437, 24 Empl. Prac. Dec. P 31,349 Equal Employment Opportunity Commission v. McCall Printing Corporation, Dayton Press Incorporated, and Internationalbrotherhood of Bookbinders, Local 199

633 F.2d 1232 · Court of Appeals for the Sixth Circuit · Oct 24, 1980

A fair reading of the charges clearly indicates that the former carloaders were claiming that the denial of back seniority benefits to the carloaders, while such benefits were awarded to other groups including most recently … But Teamsters also held that 703(h) does not immunize a seniority system which has been negotiated or maintained for illegal purposes.

United States v. Jesse James Vandeberg

201 F.3d 805 · Court of Appeals for the Sixth Circuit · Jan 14, 2000

failure to articulate factual basis for § 3B1.1 enhancement “essentially compels” de novo review). *811 Based on a thorough review of the record, we conclude that remand for further findings is unnecessary because the record clearly … It appears that the District Court took all of this evidence into account when exercising its discretion to establish the restitution amount.