Case law

Appalachian Regional Healthcare, Inc. v. Coventry Health & Life Insurance

714 F.3d 424 · Court of Appeals for the Sixth Circuit · Apr 24, 2013

This would occur, for example, if a beneficiary lacked access to covered services or qualified providers. Id. § 7(7)(g). … Among other things, the agreement required Coventry to establish a provider network to deliver healthcare services to approximately 64,000 beneficiaries in Region 8.

Braun v. Ann Arbor Charter Township

519 F.3d 564 · Court of Appeals for the Sixth Circuit · Mar 13, 2008

The plaintiffs clearly fail to meet this standard. … These stated reasons, which we have no reason to doubt, clearly defeat any argument that the decision had “no rational relationship to any public purpose.” See Warren, 411 F.3d at 705 .

Chester Patty v. Donald E. Bordenkircher, Jr., Superintendent Kentucky State Penitentiary

603 F.2d 587 · Court of Appeals for the Sixth Circuit · Aug 16, 1979

refusal, should he refuse, and thus the indirect suggestion of that inference against him from which he is protected by another aspect of the principle . . . . (4) By the express tenor, in most jurisdictions, of the statute qualifying … PECK, Senior Circuit Judge, concurring. 16 I concur in the result reached in the majority opinion, but because that result is clearly mandated by the refusal of the trial court to permit defense counsel to make an oral argument

United States v. Jackson

678 F.3d 442 · Court of Appeals for the Sixth Circuit · May 8, 2012

“Working backward,” the crack cocaine guidelines were clearly “a relevant part of the analytic framework” used by the district court to determine Jackson’s ultimate sentence. … As the plea agreement anticipated, however, Jackson’s two prior drug crimes meant that he qualified as a career offender.

Rosen v. Tennessee Commissioner of Finance & Administration

288 F.3d 918 · Court of Appeals for the Sixth Circuit · May 6, 2002

The burden of establishing standing is on the party seeking federal court action. Id. at 561-62 , 112 S.Ct. 2130 . … It is clearly established that “[a]l~ legations of possible future injury do not satisfy the requirements of Art. III. A threatened injury must be certainly impending to constitute injury in fact.” Whitmore v.

Charles E. Austin v. Reginald Wilkinson

372 F.3d 346 · Court of Appeals for the Sixth Circuit · Jun 10, 2004

As to the third factor, the ODRC clearly has an interest in guaranteeing the safety of its staff and inmates through the swift isolation of dangerous inmates. … Kyle, 65 F.3d 29, 31-32 (5th Cir.1995) (“it is difficult to see that any other deprivations in the prison context, short of those that clearly impinge on the duration of confinement, will henceforth qualify for constitutional

Am. Premier Underwriters v. GE

14 F.4th 560 · Court of Appeals for the Sixth Circuit · Sep 21, 2021

The district court did not clearly err in reaching its factual conclusions. b. … So the analysis turns on when SEPTA and Conrail’s right to indemnification became “fixed and established.” See Coleman, 204 A.2d at 261. The answer is 1999.

Summa Holdings v. Comm'r of Internal Revenue

848 F.3d 779 · Court of Appeals for the Sixth Circuit · Feb 16, 2017

In 2001, James III and Clement each established a Roth IRA and contributed $3,500 apiece. … And Congress established Roth IRAs and their authority to own shares in corporations (including DISCs) for the purpose of lowering taxes.

Brickner v. Voinovich

977 F.2d 235 · Court of Appeals for the Sixth Circuit · Dec 3, 1992

He clearly had notice of the situation. He had an opportunity to offer any arguments or material relating to the issue which he raised in his letter to the Attorney General. … Brickner did not bring such an action after the Attorney General opinion was released or after he was removed, nor has he been able to establish that such a proceeding before an impartial state judge would not have afforded

Clifford Tyler v. Hillsdale County Sheriff's Dep't

837 F.3d 678 · Court of Appeals for the Sixth Circuit · Sep 15, 2016

Because there are a number of separate opinions in this case, it is imperative that we clearly state the next steps. As I read the opinions, ten of us would reverse the district court; six of us would not. … No. 110-180 § 105 (a)(1). .The actual number of states with qualifying relief-from-disabilities programs is uncertain.

Gay Inmates of Shelby County Jail/criminal Justice Complex, Plaintiffs v. Eugene Barksdale, Sheriff

819 F.2d 289 · Court of Appeals for the Sixth Circuit · Jun 1, 1987

Because the court upheld the defendant's claim of qualified immunity, the only remedy ordered was an injunction requiring defendant to compile and implement acceptable intake classification procedures. … Therefore, the constitutional requirements of Hewitt need not be met, and the issue of the Sheriff's qualified immunity is moot. 23 Plaintiffs' remaining contentions are without merit. 24 AFFIRMED. * The Honorable Charles

Michael v. Caterpillar Financial Services Corp.

496 F.3d 584 · Court of Appeals for the Sixth Circuit · Jul 31, 2007

In order to establish a prima facie case, Michael must show that she (1) is a member of a protected group, (2) suffered an adverse employment action, (3) was qualified for the position, and (4) was replaced by a person outside … This more liberal definition permits actions not materially adverse for purposes of an anti-discrimination claim to qualify as such in the retaliation context.

Roberson v. General Motors Corp.

801 F.2d 176 · Court of Appeals for the Sixth Circuit · Jun 17, 1986

Section 3 of the Supplemental Agreement established a Board of Administration, composed of three GM appointees and three UAW appointees, and directed the board to establish procedures for reviewing disability pension applications … The court concluded that GM and the UAW had agreed upon a method for resolving disability pension claims by referring the claimant to a qualified medical expert, whose evaluation the board agreed to accept.

Ingram v. City Of Columbus

185 F.3d 579 · Court of Appeals for the Sixth Circuit · Jul 19, 1999

While Defendants claimed qualified immunity below, the district court did not address it, and therefore Defendants' claim of qualified immunity is not before us on appeal. … We therefore do not address Defendants' claim of qualified immunity, Plaintiffs' § 1983 claim of municipal liability, or Plaintiffs' state law claims of false imprisonment, malicious prosecution, and false arrest, see, e.g

Michael Johnson v. Parker-Hannifin Corp.

122 F.4th 205 · Court of Appeals for the Sixth Circuit · Nov 20, 2024

The complaint also asserted that TriHealth qualified for the institutional shares. Id. at 453. … And how close were the Plan’s own investments to these qualifying amounts? Did the Plan already “qualify” for the cheapest class or fall just a small amount short? Forman, 40 F.4th at 453.

Walter Johnson v. Economic Development Corporation of the County of Oakland

241 F.3d 501 · Court of Appeals for the Sixth Circuit · Feb 27, 2001

The EDC Act and programs implemented pursuant to the Act clearly have a secular purpose. … In this case, Defendant issues tax-exempt revenue bonds for any qualified applicant, public-nonpublic and sectarian-secular alike.

Wayne Clark v. Stacy Bruce, Detective/crimes Against Children Unit John Balliet, Assistant Commonwealth Attorney

42 F.3d 1388 · Court of Appeals for the Sixth Circuit · Dec 7, 1994

42 F.3d 1388 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 of copies of cited unpublished … At the very least, Bruce was entitled to qualified immunity in this case as no officer of reasonable competence would have believed that a warrant should not issue under the circumstances of this case. See Hutsell v.

Kruse v. City Of Cincinnati

142 F.3d 907 · Court of Appeals for the Sixth Circuit · Jun 18, 1998

Discussion of public issues and debate on the qualifications of candidates are integral to the operation of the system of government established by our Constitution. … A majority of the Court joined in holding independent expenditures immune from regulation as a matter of law. 14 29 3.

Chrysler Workers Ass'n v. Chrysler Corp.

834 F.2d 573 · Court of Appeals for the Sixth Circuit · Nov 25, 1987

Clearly, after September 14, 1982, GDLS was not bound by the 1979 CBA. After a short strike and subsequent negotiations, a UAW-GDLS CBA effective September 27, 1982, was executed. … They did, however, clearly terminate any transfer right from the Lima GDLS plant to a Chrysler home plant by September 14, 1982.

In re: Frank Lawrence, Jr.

Court of Appeals for the Sixth Circuit · Dec 29, 2022

Thus, the district court denied Lawrence’s petition for failing “to establish that he possesses the good moral and professional character required for admission to practice” in the court. … The Supreme Court held that such refusal violated the Privilege and Immunities Clause of Article IV of the Constitution. Id. at 288.