Case law

Betkerur v. Aultman Hospital Association

78 F.3d 1079 · Court of Appeals for the Sixth Circuit · Mar 15, 1996

Magoon, a white, American-born neonatologist, was appointed Director of Neonatology over the better-qualified Appellant based on Appellant's race and Indian origin. … Under the McDonnell Douglas/Burdine framework, Appellant established a prima facie case of discrimination by showing that: (1) she was a member of a protected class; (2) she applied for and was qualified for the position

United States v. Christopher Staton

Court of Appeals for the Sixth Circuit · Mar 19, 2021

The district court did not clearly err when it found that Staton lied about the stop. … See Fitch, 964 F.2d at 576 (“If a breach of an immunity agreement is established, the available remedies are those specified in the agreement.”); United States v.

Board of Commerce v. Security Trust Co.

225 F. 454 · Court of Appeals for the Sixth Circuit · Jun 30, 1915

St 1913, § 9586), 6 we hold that it is clearly covered by section 4 (section 9588). … petition, “in case the courts shall find it absolutely necessary, for the preservation of estates, to take charge of the property of bankrupts *471 after the filing of the petition and until it is dismissed or the trustee is qualified

State of Tennessee v. Xavier Becerra

117 F.4th 348 · Court of Appeals for the Sixth Circuit · Aug 26, 2024

Thus, this provision addresses “who” may qualify as a clinical services provider, not the types of services provided under Title X programs. … By way of background, Congress “may amend substantive law in an appropriations statute, as long as it does so clearly.” Robertson v. Seattle Audubon Soc., 503 U.S. 429, 440 (1992). “Clearly” need not mean “expressly.”

Williams v. Ford Motor Co.

187 F.3d 533 · Court of Appeals for the Sixth Circuit · Aug 9, 1999

named plaintiffs did not qualify as class members, two having never taken the test at all and one having scored a “medium.” … Ford Motor Credit Co. because “the nature of Williams is clearly different from [the other three cases].”

United States v. Hang Le-Thy Tran

433 F.3d 472 · Court of Appeals for the Sixth Circuit · Jan 5, 2006

The Court emphasized the “qualifying words ‘used in,’ ” which mandate that “the damaged or destroyed property must itself have been used in commerce or in an activity affecting commerce.” Id. at 854, 120 S.Ct. 1904 . … In reviewing the denial of a motion to suppress, we defer to the district court’s factual findings unless they are clearly erroneous. Legal conclusions, however, are reviewed de novo. United States v.

In re Anheuser-Busch Beer Labeling Marketing & Sales Practices Litigation

644 F. App'x 515 · Court of Appeals for the Sixth Circuit · Mar 22, 2016

The ATF clearly paid close attention to consumer expectations when devising tolerances. … The plaintiffs contend on appeal that these excerpts clearly show that they argued that their claims would survive an intent-neutral interpretation of § 7.71.

Wright v. Murray Guard Inc.

Court of Appeals for the Sixth Circuit · Jul 26, 2006

It is undisputed that Wright meets the first three elements of the prima facie case: he is African- American; he was terminated; and he was qualified for the position he held. … , and that he was qualified for the position — but he has failed to establish the fourth element.

Estate of Robert Cornell, Jr. v. Bayview Loan Servicing

908 F.3d 1008 · Court of Appeals for the Sixth Circuit · Nov 13, 2018

Shoshone, 177 U.S. 505, 509–10 (1900) (“A statute authorizing an action to establish a right is very different from one which creates a right to be established. … The federal nature of the right to be established is decisive—not the source of the authority to establish it.”).  No. 18-1245 Estate of Robert Cornell, Jr., et al. v. Bayview Loan Servicing, et al.

Otto P. LENZ, Plaintiff-Appellant, v. ERDMANN CORPORATION, Walter Laun, Defendants-Appellees

773 F.2d 62 · Court of Appeals for the Sixth Circuit · Sep 16, 1985

However, Federal Rule of Civil Procedure 56(e) clearly states that a party opposing a motion for summary judgment, which is supported by affidavits or otherwise “may not rest upon the mere allegations or denials of his pleading … The trial court, for purposes of ruling upon the motion for summary judgment, assumed that the plaintiff had established a prima facie case in accordance with the direction of Ackerman .

United States v. Timothy White

455 F. App'x 647 · Court of Appeals for the Sixth Circuit · Jan 12, 2012

Shepard clearly states, though, that a sentencing judge may look at the “charging document.” … Thus, where a charging document is narrowed to cover only conduct that qualifies as a violent felony under the ACCA, a guilty plea to the offense as charged suffices to establish the offense as an ACCA predicate. Cf.

Wolter Construction Company, Inc. v. Commissioner of Internal Revenue

634 F.2d 1029 · Court of Appeals for the Sixth Circuit · Nov 17, 1980

Wolter argues that this exemption also extends to corporate acquisition of the control of a commonly owned corporation, a condition not explicitly immune from the coverage of Section 269. … Since this was not “stock” within the definition of § 1504(a), it was not necessary for Wolter to directly own 80 percent of this preferred stock to qualify for affiliated group status. 4 .

McCarthy v. City of Cleveland

626 F.3d 280 · Court of Appeals for the Sixth Circuit · Nov 9, 2010

The Ohio Court of Appeals’ ruling effectively immunized lessees from enforcement of Cleveland’s automatic traffic camera ordinance. Id. … That the payments were voluntary is a fact that clearly and fatally undermines Plaintiffs’ takings claim.

Sjöstrand v. Ohio State University

750 F.3d 596 · Court of Appeals for the Sixth Circuit · Apr 28, 2014

In order to establish a prima facie case under the ADA, “plaintiffs must allege either that they are or are perceived to be handicapped ..., that they are otherwise qualified for the [position], and that they were discriminated … Indeed, given the fact that Sjostrand received her undergraduate degree from Ohio State, with honors, in only two-and-one-half years, Joseph, Radliff, and Miranda were clearly on notice that the plaintiffs Crohn’s disease

United States v. Settle

Court of Appeals for the Sixth Circuit · Jan 11, 2005

The total of Settle’s criminal history points was seven, establishing a criminal history category of IV. … Further, “[o]ffenses that do not qualify as part of a common scheme or plan may nonetheless qualify as part of the same course of conduct if they are sufficiently connected or related to each other as to warrant the conclusion

United States v. Nestor Barron

940 F.3d 903 · Court of Appeals for the Sixth Circuit · Oct 15, 2019

Second, the district court found that Barron did not qualify for relief under the safety valve because he did not provide truthful information to the government regarding the conspiracy. … “[D]ominion over the premises where the firearm is located” is sufficient to establish the necessary control over the object. Grubbs, 506 F.3d at 439 (quoting United States v.

Carole M. Karam v. Sagemark Consulting, Inc., F/k/a Cigna Financial Advisors, Inc.

383 F.3d 421 · Court of Appeals for the Sixth Circuit · Sep 10, 2004

More prevalent is the “normal” estate distribution, where the bulk of the decedent’s assets pass to the surviving spouse in a form that qualifies for the unlimited “marital deduction” under federal law. … We review any determination of underlying facts under the clearly erroneous standard of review, and make a de novo determination of whether those facts constitute legal waiver.” Nationwide Mut. Ins. Co. v. Home Ins.

Quarto Mining Company v. Clifford Marcum, Sr.

604 F. App'x 477 · Court of Appeals for the Sixth Circuit · Mar 24, 2015

Marcum’s testimony and reviewing the administrative record, the ALJ made the following findings of fact with respect to the length of qualifying coal mine employment: I agree that Claimant has failed to establish … As such, I find that miner has established at least 25 years of qualifying coal mine employment and is thus entitled to the rebuttable presumption that his total disability arose from pneumoconiosis pursuant

Brian K. Hunter v. United States

160 F.3d 1109 · Court of Appeals for the Sixth Circuit · Nov 19, 1998

The court concluded that Hunter did not qualify for a three-point reduction “because he neither provided complete information to the government nor timely pleaded guilty to the indictment.” … Finally, the government recommended a sentence at the bottom of the applicable range, which was clearly a boon to Hunter.

United States v. Randy Graham

275 F.3d 490 · Court of Appeals for the Sixth Circuit · Dec 17, 2001

As to the allegedly material omissions, we have held that omissions “are not immune from inquiry under Franks , [but] we have recognized that an affidavit which omits potentially exculpatory information is less likely to … Based on our review of the record, we cannot say that the district court’s findings of fact are clearly erroneous. Witness testimony established that Graham or his co-conspirators targeted these places for attack.