Case law

Anderson v. Ravenna Township Fire Department

159 F. App'x 619 · Court of Appeals for the Sixth Circuit · Nov 3, 2005

As such, he cannot overcome the individual defendants’ defense of qualified immunity with respect to being sued in their individual capacities. See Wilson v. Layne, 526 U.S. 603, 609 (1999); Gragg v. Kentucky Cab. … For Workforce Dlvp., 289 F.3d 958, 964 (6th Cir. 2002) (in order to “prevail against a defense of qualified immunity, a plaintiff must first establish the constitutional right that she claims was violated by the defendants

Ronald Lyness and Sherry Lyness, Transportation Insurance Company, Intervening v. Bowater, Inc.

941 F.2d 1210 · Court of Appeals for the Sixth Circuit · Aug 19, 1991

941 F.2d 1210 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited … T.C.A. 50-6-108 provides that employers who must provide workers' compensation insurance are immune from tort liability.

United States v. Gibbs

182 F.3d 408 · Court of Appeals for the Sixth Circuit · Apr 16, 1999

Attracting a person with the allure of a drug sale and then robbing the person is not enough to qualify as use of a firearm in relation to a drug sale. … The government argues that the presence of the firearm in plain view qualifies as a “display” of the firearm under Bailey . The display, however, must be during a drug transaction.

United States v. Oghenevwakpo Igboba

964 F.3d 501 · Court of Appeals for the Sixth Circuit · Jul 2, 2020

might be established.”). … The district court did not clearly err in doing so here. The district court found that the sophisticated-means enhancement “easily applies by a preponderance” of the evidence.

Barnes v. Cavazos

966 F.2d 1056 · Court of Appeals for the Sixth Circuit · Jun 5, 1992

These administrative expenses associated with insuring Chapter 1 services reach qualified private school students without violating the Constitution are referred to as Felton costs. … if we were to join the other district courts to examine the effects of the provision on services to public school students under the ‘grossly disproportionate’ analysis, we would not be quick to find that the disparity clearly

41 Fair empl.prac.cas. 290, 40 Empl. Prac. Dec. P 36,367, 21 Fed. R. Evid. Serv. 346 Walter Mitroff, Cross-Appellant v. Xomox Corporation, Cross-Appellee

797 F.2d 271 · Court of Appeals for the Sixth Circuit · Sep 3, 1986

The full instruction given below twice states that the burden is on the plaintiff to establish discrimination by a preponderance of the evidence, and the trial court also stated this principle before giving specific instructions … State law was clearly unsettled.

United States v. Jackie Presser Harold Friedman and Anthony Hughes

844 F.2d 1275 · Court of Appeals for the Sixth Circuit · Apr 25, 1988

than there was in Battisti , we view the district court’s oral statement as evidencing an intent to exclude government evidence if the government does not comply with its discovery order and consequently, its statement qualifies … Maryland, or by withholding evidence “so clearly supportive of a claim of innocence that it gives the prosecution notice of a duty to produce,” 7 United States v.

Lewis v. Humboldt Acquisition Corp., Inc.

681 F.3d 312 · Court of Appeals for the Sixth Circuit · May 25, 2012

Its very language belies blanket applicability as it clearly 2 The majority challenges the lower court citations herein, claiming none “holds up.” (Majority Op. at 14). … Perhaps more importantly, to effectively edit out the reference to 2000e-2(m) is to render Title VII’s only remedies section devoid of meaning as to the ADA, nullifying Congress’s clearly expressed intent to incorporate into

James W. King v. Hailey Chevrolet Company

462 F.2d 63 · Court of Appeals for the Sixth Circuit · Jun 16, 1972

Indiana Trailer’s agreement thus directly involved two Tennessee businesses and clearly had a realistic impact on the commerce of that state. … Appellee argues that it has no agents in Tennessee and is not qualified to do business there. It maintains that Hailey sought out its services.

Alan P. Damiano (Certified Class Members) v. George G. Matish, International Union, Uaw, and Local 6000, Intervening

830 F.2d 1363 · Court of Appeals for the Sixth Circuit · Oct 8, 1987

This advanced reduction method is clearly a less burdensome method of accommodating non-union employees who do not wish to have service fees used for purposes other than collective bargaining. … The plaintiff argued that the use of a decisionmaker selected by the AAA from a panel of qualified labor arbitrators would not satisfy the requirement of an impartial decisionmaker because there existed a possibility of bias

Richard Davis v. Hartford Life & Accident Ins.

Court of Appeals for the Sixth Circuit · Nov 19, 2020

All told, the district court did not clearly err in finding that Hartford Life exercised its discretionary authority in terminating Davis’s benefits. … It was thus reasonable for Hartford Life to determine that Davis no longer qualified as disabled under the policy.

Elizabeth and Clifford Kemp v. Medtronic, Inc.

231 F.3d 216 · Court of Appeals for the Sixth Circuit · Nov 1, 2000

In view of the historic importance of federalism in these areas, the states’ police powers relating to public health and safety are not preempted by federal law unless Congress’ intent to do so is clearly expressed. … This distinction is readily understandable because a PMA requires review of a previously unapproved device that does not qualify for exemption either as substantially equivalent to devices extant in 1976 or as an IDE.

Alonzo Gardner, Jr. v. Michigan Department of Corrections, Richard Dalmonte

891 F.2d 290 · Court of Appeals for the Sixth Circuit · Dec 4, 1989

891 F.2d 290 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 … immunity and referred the matter to the magistrate for further proceedings.

Northland Family Planning Clinic, Inc. v. Michael A. Cox

487 F.3d 323 · Court of Appeals for the Sixth Circuit · Jun 4, 2007

went beyond the limitations established by the Supreme Court in Stenberg on a nearly identical issue. … The term apparently has no established medical definition.

Bu v. Gonzales

Court of Appeals for the Sixth Circuit · Jun 15, 2007

“[W]e review the [immigration judge]’s factual determination as to whether the alien qualifies as a refugee under a substantial evidence test.” Yu, 364 F.3d at 702. … Reviewing the immigration judge’s ruling against that standard, we conclude that the record clearly refutes his determination that Bu failed to articulate a political opinion as the cause of his persecution by the government

Sandra Glowacki v. Howell Public School District

Court of Appeals for the Sixth Circuit · May 20, 2014

As for McDowell, however, the court granted summary judgment in favor of Daniel, denying McDowell qualified immunity and concluding that removing Daniel from class violated his First Amendment right to free expression. … Court long ago established this principle, see Tinker v. Des Moines Ind. Comm. Sch.

Banks v. CIR

Court of Appeals for the Sixth Circuit · Sep 30, 2003

In response to his deprive [Petitioner] of his rights, privileges and immunities termination, Petitioner filed a civil action against the CDOE secured by the Constitution by engaging in discriminatory … U nited States, 249 F.3d 1275 (11th Cir. burden of establishing a causal connection between his 2001); Srivastava v.

Miguel Luna Perez v. Sturgis Pub. Schs.

3 F.4th 236 · Court of Appeals for the Sixth Circuit · Jun 25, 2021

Judicial estoppel applies only when a party tries to take a position that is “clearly inconsistent” with an earlier one. New Hampshire v. Maine, 532 U.S. 742, 750 (2001). … In other words, the principle applied to the PLRA in Ross was well established in 1988, when the Supreme Court concluded in Honig that as a matter of “statutory construction,” Ross, 136 S.

Roncker ex rel. Roncker v. Walter

700 F.2d 1058 · Court of Appeals for the Sixth Circuit · Feb 23, 1983

It further requires states to establish “procedures to assure that, to the maximum extent appropriate, handicapped children, including children in public or private institutions or other care facilities, are educated with … These requirements clearly have been satisfied in this case.

Teamsters Local Union No. 89 v. Kroger Co.

617 F.3d 899 · Court of Appeals for the Sixth Circuit · Aug 25, 2010

Kroger first argues that the Letter of Understanding does not qualify as a “side agreement.” … Kroger next argues that, even if the Letter of Understanding is a side agreement, disputes concerning it do not qualify for arbitration under the scope test.