Case law
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Watson v. Fraternal Order of Eagles
915 F.2d 235 · Court of Appeals for the Sixth Circuit · Oct 1, 1990
Wheaton-Haven Recrea *240 tion Ass’n, 410 U.S. 431, 438-39 , 93 S.Ct. 1090, 1094-95 , 35 L.Ed.2d 403 (1973) (association clearly not private club, so Court does not decide whether immune under § 2000a(e)), the Court has repeatedly … Thus, although Title II does not apply to all establishments, suits against noncovered establishments under other statutes are not inconsistent with Title II.
Cited 42 timesPublishedArmalite, Inc. v. Marcia Lambert
Court of Appeals for the Sixth Circuit · Oct 14, 2008
In 2004, the ATF inspected Armalite’s transaction records, known as Form 4473 records, which the GCA requires licensees to keep to verify that all over-the-counter transactions involve qualified purchasers. … Not one of these courts held that a negligent violation of the statute suffices to establish a cognizable GCA violation.
Cited 0 timesPublishedUnited States v. Barron Wimbley
349 F. App'x 54 · Court of Appeals for the Sixth Circuit · Oct 15, 2009
The distinction makes a difference, Wimbley says, because he would not have qualified for treatment as a career offender under the earlier guidelines. … To establish “a common scheme or plan,” a defendant must show that “his crimes were jointly planned or the commission of one entailed the commission of the other,” not that he stumbled into the same government undercover
Cited 3 timesUnpublished29 F.3d 238 · Court of Appeals for the Sixth Circuit · Jun 23, 1994
Rule 23 clearly favors early determination of the class issue, but where considerations of fairness and economy dictate otherwise, and where the defendant consents to the procedure, it is within the discretion of the district … Next, the section of the administrative code entitled “Recreation/programming; full service jail” provides in pertinent part: All jails shall arrange for professional intervention through qualified in-house staff or written
Cited 29 timesPublishedBavely v. United States (In re Terwilliger's Catering Plus, Inc.)
911 F.2d 1168 · Court of Appeals for the Sixth Circuit · Aug 13, 1990
This is clearly not the case. … The lien interest created by the state does not qualify under this provision. .
Cited 17 timesPublishedAshland, Inc. v. Oppenheimer & Co., Inc.
648 F.3d 461 · Court of Appeals for the Sixth Circuit · Jul 28, 2011
Finally, some of the alleged misstatements are too vague to qualify as material. … To prevail on a claim of common-law fraud, a plaintiff must establish, by clear and convincing No. 10-5305 Ashland, Inc. v. Oppenheimer & Co.
Cited 81 timesPublishedCourt of Appeals for the Sixth Circuit · Feb 23, 2007
Eight of the nine employers determined, based on Gore’s restrictions, that Gore was qualified for the specified job. … Moreover, the policy clearly states that Liberty is the proper party in a denial of benefits case.
Cited 0 timesPublished217 F.2d 267 · Court of Appeals for the Sixth Circuit · Dec 6, 1954
She qualified as administratrix and the business of Mente & Company, Inc., having been conducted with the aid of the claimants for approximately ten months at substantial loss, she succeeded, after much negotiation in which … If the contract is established as to one claimant, it is established as to all. Nowhere is it suggested that the evidence will differ among the claimants, in respect to proof of the alleged agreement.
Cited 0 timesPublishedParry v. Mohawk Motors of Michigan, Inc.
236 F.3d 299 · Court of Appeals for the Sixth Circuit · Dec 29, 2000
To establish a prima facie case, Plaintiff must show that (1) he was “disabled” under the ADA, (2) he was otherwise qualified to perform the essential functions of the job; (3) he suffered adverse employment action; and ( … We find that Plaintiff has failed to establish the first and fourth elements of a prima facie case. First, Plaintiff has failed to establish that he was or is “disabled” under the ADA.
Cited 94 timesPublished719 F.3d 511 · Court of Appeals for the Sixth Circuit · May 28, 2013
Quite simply, I do not believe the government established a lack of impartiality here. … When read in context, the paragraph clearly establishes the inclusive nature of the mitigation standard.
Cited 59 timesPublishedEstate of Richie Majors v. Roger Gerlach
Court of Appeals for the Sixth Circuit · Jul 28, 2020
The Nurse Defendants The Nurse Defendants raised a defense of qualified immunity to Plaintiffs’ Eighth Amendment claims. … As such, even if the Nurse Defendants violated Majors’ constitutional rights, they are entitled to qualified immunity.12 iii.
Cited 0 timesUnpublishedCourt of Appeals for the Sixth Circuit · Apr 15, 2021
immune systems are at higher risk for complications from COVID-19. … Hood decision on clearly erroneous factual determinations, we conclude that the district court did not abuse its discretion in concluding that Hood had not established an extraordinary and compelling reason for his release
Cited 0 timesUnpublished902 F.2d 35 · Court of Appeals for the Sixth Circuit · May 10, 1990
V 22 Defendants Compton, Miliara, and Hodge, the members of the hearing panel, claim the benefit of the doctrine of qualified immunity because it was not clearly established, in January 1980, that there was anything constitutionally … Under Hudson, the defendants in the case at bar were clearly entitled to qualified immunity. 24 Although the form of the report was sufficient to pass constitutional muster in 1980, the plaintiff contends that he never received
Cited 0 timesUnpublishedDaniel C. Greer v. United States
207 F.3d 322 · Court of Appeals for the Sixth Circuit · Mar 22, 2000
In this case, Greer alleges that his underlying claim was wrongful discharge, which is a clearly recognized tort claim under Kentucky law. See Firestone Textile Co. Div. v. Meadows, 666 S.W.2d 730, 733 (Ky. 1983). … The new position was one for which he was ill-qualified technically, and after some time, the post demanded little responsibility from Greer for the $100,000-plus salary it paid him.
Cited 43 timesPublished551 F.2d 717 · Court of Appeals for the Sixth Circuit · Jun 23, 1977
Yet Congress gave no indication, in passing the Rivers and Harbors Act, that it intended to alter or qualify the 1851 Act. 17 In the congressional failure to connect these two statutes, we find at least some evidence that … The District Court erred in allowing the United States to file suit separately outside the established limitation proceeding by ignoring the well established principle of bringing all admiralty claimants following a maritime
Cited 0 timesPublished73 F.3d 361 · Court of Appeals for the Sixth Circuit · Dec 27, 1995
While the plaintiffs clearly met the first two elements of their prima facie case, they did not meet the third element. … Clearly, there was conflicting testimony on this issue.
Cited 9 timesPublishedUnited States v. Algimantas M. Dailide
316 F.3d 611 · Court of Appeals for the Sixth Circuit · Jan 15, 2003
He established residence in Germany, where he met his wife, settled down, and lived until 1950. In that year, he applied for emigration to the United States. … First, he had to qualify as a refugee with the International Refugee Organization (IRO). IRO Constitution, 62 Stat. 3037 , 3051 (1948).
Cited 27 timesPublishedManufacturers' Accident Indemnity Co. v. Dorgan
58 F. 945 · Court of Appeals for the Sixth Circuit · Nov 6, 1893
This question was clearly admissible and relevant. … In our opinion the 'adjective “accidental” qualifies not. only “injuries,” but also “death,” and therefore an accidental death by drowning does result, from, and is caused indirectly by, fits, vertigo, or other disease',
Cited 130 timesPublishedUNITED STATES of America, Plaintiff-Appellee, v. Albert J. DeSANTIS, Defendant-Appellant
134 F.3d 760 · Court of Appeals for the Sixth Circuit · Mar 3, 1998
We think three of them are clearly dispositive, and we shall address them in turn. II. … The evidence relating to the liquor-commission findings was clearly inadmissible.
Cited 68 timesPublishedEdward N. Carlton v. Ronald Herschel
924 F.2d 1057 · Court of Appeals for the Sixth Circuit · Jan 31, 1991
The magistrate also found however that defendant was entitled to either good faith or qualified immunity because he could rely on the advice of the hospital attorney and the command of the police who were acting pursuant … The district court disagreed with the magistrate's determination that defendant was acting under color of law and with the magistrate's finding that defendant was entitled to qualified immunity.
Cited 0 timesUnpublished
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