Case law

Hill v. Forum Health

167 F. App'x 448 · Court of Appeals for the Sixth Circuit · Jan 20, 2006

Specifically, the court observed that although plaintiff is clearly a member of a protected class, there was little or no evidence that she applied for, was qualified for, or was considered for the position to which Sonya … Clearly, if a claim is raised in a motion or brief opposing summary judgment, we should consider it. Strouss v. Mich. Dep’t of Corr., 250 F.3d 336, 345 (6th Cir. 2001).

David Vance v. Village of Highland Hills, Ohio

Court of Appeals for the Sixth Circuit · Oct 26, 2021

The Village believes it has established a qualifying work period under the Fair Labor Standards Act (FLSA) that would entitle it to a statutory exemption from some overtime pay, resulting in the Village owing Vance $11,220.25 … not qualify for the § 207(k) exemption.

Louis A. Mitchell v. Commissioner of Internal Revenue

73 F.3d 628 · Court of Appeals for the Sixth Circuit · Jan 16, 1996

It is well established that, “[s]ince the inception of the present federal income tax in 1913, capital expenditures have not been deductible.” Woodward v. … In order to determine the characterization of settlement payments, the Supreme Court has established the “origin-of-elaim” test.

Shirley J. MITCHELL, Plaintiff-Appellant, v. TOLEDO HOSPITAL, Defendant-Appellee

964 F.2d 577 · Court of Appeals for the Sixth Circuit · May 21, 1992

Plaintiff Failed to Establish a Prima Facie Case of Race Or Age Discrimination. 56 It is well-established that the burden is on an employment discrimination plaintiff to establish a prima facie case of discrimination. … Thus, all the accounts examiners clearly participated in the practical joke. Nonetheless, Mitchell was the only one singled out for punishment. 83 Mitchell was, concededly, the only one who actually lied to Wachsman.

Le-Ax Water District v. Athens

Court of Appeals for the Sixth Circuit · Oct 10, 2003

Ax is an “association” within the meaning of the Act and that The Eighth Circuit applies this same test, requiring that a Le-Ax has a qualifying outstanding FmHA loan obligation. … In this case, Le-Ax has clearly satisfied both of these Sequoyah County, 191 F.3d at 1203 (quotation omitted); cf. requirements.

United States v. Moon

Court of Appeals for the Sixth Circuit · Jan 16, 2008

It is well established that due process protects against prosecutorial retaliation for a defendant’s exercise of a statutory or constitutional right. United States v. … The testimony of the family members was clearly relevant to the nature and circumstances of Defendant’s health care fraud offenses.

Michigan Savings and Loan League, (80-1393) v. Richard Francis, Commissioner of the Michigan Financial Institutions Bureau of the Department of Commerce of the State of Michigan, (80-1393 & 80-1452) v. Federal Home Loan Bank Board, (80-1452)

683 F.2d 957 · Court of Appeals for the Sixth Circuit · Jul 8, 1982

"To bring a case within the (federal question) statute, a right or immunity created by the constitution or laws of the United States must be an element, and an essential one, of the plaintiff's cause of action." … If the cause of action, which the declaratory defendant threatens to assert, does not involve a claim under federal law, it is doubtful if a federal court may entertain an action for a declaratory judgment establishing a

Fed. Sec. L. Rep. P 94,596 Ohio Drill & Tool Co. v. Fred H. Johnson

498 F.2d 186 · Court of Appeals for the Sixth Circuit · Jun 12, 1974

Seilon, Inc., supra, 439 F.2d at 334, as having established any such bright line between defrauded sellers and defrauded buyers as defendants urge. … Under the federal interpretation of Sec. 16(b), the occurrence of the purchase and sale within a six-months period constitutes an illegal short swing sale. 13 Sec. 16(b) establishes a clearly fixed rule of disgorgement of

Robert Winter, Jr. v. Steven Wolnitzek

834 F.3d 681 · Court of Appeals for the Sixth Circuit · Aug 24, 2016

The lesson is straightforward: A State may not hold judicial elections, then prevent candidates from explaining what makes them qualified for that office. … This canon does that, and does it clearly. In the words of the district court: “Don’t want to violate the Canon? Don’t tell a lie on purpose or recklessly.” R. 124 at 38.

Nationwide Mutual Insurance Company v. Home Insurance Company

429 F.3d 640 · Court of Appeals for the Sixth Circuit · Nov 29, 2005

its analysis. 748 F.2d at 83 (“[T]o disqualify any arbitrator who had professional dealings with one of the parties (to say nothing of a social acquaintanceship) would make it impossible, in some circumstances, to find a qualified … New Century Mortgage Corp., 337 F.Supp.2d 862 (N.D.Tex.2004), for the proposition that the mere fact of nondisclosure establishes an appearance of bias and, hence, evident partiality.

Greene v. City of Memphis

610 F.2d 395 · Court of Appeals for the Sixth Circuit · Nov 1, 1979

I conclude that the district court's findings of fact and conclusions of law are neither clearly erroneous, F.R.Civ.P. 52(a), nor incorrect as a matter of law. 72 Recent Supreme Court decisions mandate that to establish that … "The legislative history of the 1866 Act clearly indicates that Congress intended to protect a limited category of rights, specifically defined in terms of racial equality." George v.

Turner v. Heckler

783 F.2d 657 · Court of Appeals for the Sixth Circuit · Feb 14, 1986

In addition, states that chose to offer assistance to the “medically needy — persons lacking the ability to pay for medical treatment, but with incomes too high to qualify for categorical assistance” — received partial federal … The record before us clearly indicates that prior to the issuance of the injunctive order by the district court on November 28, 1983, the Secretary proffered evidence to the court indicating that it had corrected and rectified

Geier v. Sundquist

372 F.3d 784 · Court of Appeals for the Sixth Circuit · Jun 18, 2004

The Settlement also established a monitoring committee and provided for the resolution of disputes .among the parties. … Alexander, 801 F.2d 799 (1986); challenging only that part of the Settlement that established a pre-pro-fessional program pursuant to which seventy-five qualified African-American sophomores would be selected each year and

C-Ville Fabricating, Inc. v. Joshua Tarter

Court of Appeals for the Sixth Circuit · Aug 20, 2025

Like directors, officers also hold their position for one year or “until [their] successor is elected and qualified.” … Page 9 one year or until his respective successor is elected and qualified.” Id. at 100–01.

Webb v. Mitchell

Court of Appeals for the Sixth Circuit · Nov 5, 2009

Under AEDPA, we look to the law as it stood on the date the Ohio Supreme Court adjudicated Webb’s claim when assessing whether its decision contradicted or unreasonably applied clearly established U.S. … Webb also cannot establish prejudice even if this claim were “clearly stronger” than some of the twenty-six issues raised on direct appeal.

Grand Traverse Band v. Office of the U.S. Attorney for Western District

369 F.3d 960 · Court of Appeals for the Sixth Circuit · May 24, 2004

…The Band’s claim surplusage, because any lands established as the initial of rights and status as a treaty-based tribe, and the need reservation of an acknowledged tribe also qualify as restored to restore … and clarify that status has been clearly lands for a restored tribe under the “restoration of lands” demonstrated.

Merlin Hill v. Hilda L. Solis

362 F. App'x 538 · Court of Appeals for the Sixth Circuit · Jan 29, 2010

. . arrive at opposite conclusions as to who is more qualified, then clearly one candidate’s qualifications are not significantly better than the other’s.” … These alleged discrepancies also do not permit a reasonable juror to question Kressley’s honest belief that Stewart was more qualified than Hill because Stewart’s strongly positive October 2006 evaluation “establish[es

Gary Glenn v. Eric Holder, Jr.

Court of Appeals for the Sixth Circuit · Aug 2, 2012

They claim they “have a [religious] obligation to state clearly the immoral nature of homosexuality” that requires them to “publicly denounce homosexuality, homosexual activism, and the homosexual agenda as being contrary … Holder Page 8 In the end, Plaintiffs are correct that they “cannot grant themselves immunity from prosecution under the Hate Crimes Act by simply claiming that

Willie Williams, Jr. v. Margaret Bagley, Warden

380 F.3d 932 · Court of Appeals for the Sixth Circuit · Aug 13, 2004

Therefore, we cannot conclude that the Ohio courts unreasonably applied clearly established federal law in refusing to reexamine Eddleman. C. … Plainly, the Ohio courts did not act contrary to clearly established law in dismissing Williams’s claim. C.

Keith Mustin v. Lyneal Wainwright

Court of Appeals for the Sixth Circuit · Aug 27, 2024

In Welch, this court affirmed the denial of qualified immunity to prison administrators where an inmate provided evidence that he was served meals containing approximately half the daily calories provided to the general … Tanzin distinguished Sossamon’s interpretation of RLUIPA as dictated by the sovereign immunity interests implicated when suing a state. Id. at 51–52.