Case law

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].”

Shane McCown Danny McCown v. Charles Harmon Rodney Newsome, City of Wheelwright

82 F.3d 418 · Court of Appeals for the Sixth Circuit · Apr 11, 1996

After the district court granted summary judgment for the City of Wheelwright, and for the individual defendants on the basis of qualified immunity, the district court granted a joint motion to voluntarily dismiss plaintiffs … As noted, the district court granted summary judgment to defendants on the ground that defendants enjoy qualified immunity from suit for money damages with respect to plaintiffs' civil rights claims.

Lynn Martin, Secretary of Labor, United States Department of Labor v. Funtime, Inc., a Corporation

963 F.2d 110 · Court of Appeals for the Sixth Circuit · Apr 24, 1992

“Commentators and other courts have agreed that Rule 1006 requires that the proponent of the summary establish that the underlying documents are admissible in evidence.” United States v. … “Thus, if the original materials contain hearsay and fail to qualify as admissible evidence under one of the exceptions to the hearsay rule” the summary based on that material is inadmissible.

United States v. Sean Fitzgerald

906 F.3d 437 · Court of Appeals for the Sixth Circuit · Oct 15, 2018

but one part of an "amalgamation"; it remained the jury's job to decide how to treat the manual and the government witness's testimony, and how to weigh all the evidence together in deciding whether Fitzgerald's actions qualified … So the district court quite clearly understood it could depart downward. It just chose not to do so.

North American Group, Inc. v. County of Wayne

106 F.3d 401 · Court of Appeals for the Sixth Circuit · Jan 28, 1997

Therefore, the undisputed facts also demonstrate that NAG did not qualify as a DBE under 49 C.F.R. § 23.53 (a). … Wayne County's compliance with the requirements of federal law establishes a defense to both claims.

Sam J. Hire v. E. I. Dupont De Nemours & Company, Inc.

324 F.2d 546 · Court of Appeals for the Sixth Circuit · Nov 18, 1963

The District Judge did not indicate clearly as to whether the sum allowed included amounts that accrued while plaintiff was in the Army. … Section 9(b), subsection (B) (i) reads in part: «•«•*** “(B) if such position was in the employ of a private employer, such person shall— “(i) if still qualified to perform the duties of such position, be restored by such

Orange v. Island Creek Coal Company

786 F.2d 724 · Court of Appeals for the Sixth Circuit · Mar 25, 1986

the presence of a totally disabling respiratory or pulmonary impairment; ... 2 Section 727.203(d) (d) Failure of miner to qualify under the presumption in paragraph (a) of this section. … Where eligibility is not established under this section, such eligibility may be established under Part 718 of this subchapter as amended from time to time.

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

Andrews v. Columbia Gas Transmission Corp.

544 F.3d 618 · Court of Appeals for the Sixth Circuit · Oct 10, 2008

Here, plaintiffs allege that Columbia Gas failed to protest the trees; this is tantamount to alleging mere silence and is therefore insufficient to establish waiver under Ohio law. 13 2. … Plaintiffs make a passing reference to the argument that Seibert was not qualified as an "expert.”

Shy v. Navistar International Corp.

701 F.3d 523 · Court of Appeals for the Sixth Circuit · Dec 14, 2012

Page 3 The Agreement established the Retiree Health Benefit and Life Insurance Plan (the “Plan”). In turn, the Plan established the Health Benefit Program Summary Plan Description (the “Manual”). … Navistar contends that a small number of low-income class members paid less under Medicare Part D because they qualified for a low-income subsidy from the federal government and paid lower co-payments.

Stephen Nichols v. Wayne County, Mich.

Court of Appeals for the Sixth Circuit · Aug 18, 2020

Wayne County allegedly violated right was clearly established. And for the reasons noted earlier, [he] cannot do so.” … immunity.”).

Wilbert C. Haggins v. Warden, Fort Pillow State Farm

715 F.2d 1050 · Court of Appeals for the Sixth Circuit · Aug 11, 1983

Since the declarant in this case was ruled incompetent to testify, she was clearly unavailable. See Fed.R.Evid. 104(a), 804(a). … There is danger that the criminal law will be brought into contempt — that discredit will even touch the great immunities assured by the Fourteenth Amendment — if gossamer possibilities of prejudice to a defendant are to

United States v. City of Parma, Ohio

661 F.2d 562 · Court of Appeals for the Sixth Circuit · Oct 14, 1981

Section 813 of the Act clearly authorizes the Attorney General to sue. … This was described by a highly qualified witness, Paul Davidoff, as a major component of the remedial plan offered by the government.

David Bruederle v. Louisville Metro Government

687 F.3d 771 · Court of Appeals for the Sixth Circuit · Jul 24, 2012

Courts have found withdrawal symptoms to qualify as a serious medical need.”) (citations omitted). But as the district court found below, this case does not implicate a systematic policy on controlled substances. … App'x 500, 502 (6th Cir. 2002) (finding delay in prescription of inhalers did not constitute an Eighth Amendment violation because plaintiff did "not submit[ ] medical evidence which clearly shows that his condition deteriorated

Doris Jean Allen v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare,defendant-Appellee

613 F.2d 139 · Court of Appeals for the Sixth Circuit · Jan 4, 1980

Four qualified physicians, consulted by Mrs. Allen for treatment of her various problems, provided opinions upon her medical problems and/or continued employability- Dr. Oscar W. … Yet there are clearly relevant, medical “abnormal findings” in evidence, establishing a bona fide physical problem which could be the source of his difficulties.

Charles Fox v. Amazon.com, Inc.

926 F.3d 295 · Court of Appeals for the Sixth Circuit · Jun 10, 2019

In this case, Defendant is clearly the entity “most likely to compensate” Plaintiffs for their injuries. See Owens, 915 S.W.2d at 432. … Section 323 states: 6Accordingly, we need not decide whether the Communications Decency Act, 47 U.S.C § 230, grants Defendant immunity from Plaintiffs’ TPLA claim.

United States v. Gregorio Camejo

333 F.3d 669 · Court of Appeals for the Sixth Circuit · Jun 26, 2003

The district court’s factual determination that defendant committed perjury is well-supported by the record and is not clearly erroneous. … Because perjury qualifies as obstructing conduct, and because the district court did apply the enhancement, the district court did not err. B.

Norbert Kelsey v. Melissa Pope

809 F.3d 849 · Court of Appeals for the Sixth Circuit · Jan 5, 2016

Ordinarily, we defer to tribal court interpretations of tribal law “because tribal courts are best qualified to interpret and apply tribal law.” Iowa Mut. Ins. Co. v. LaPlante, 480 U.S. 9, 16 (1987). … The Offenses Ordinance had clearly proscribed inappropriate sexual contact when Kelsey accosted Foster at the Community Center.

Junhe Qiu v. Univ. of Cincinnati

Court of Appeals for the Sixth Circuit · Feb 11, 2020

Thus, to establish his claim under either act, Qiu “must show that (1) [ ]he is handicapped or disabled as defined in each statute, (2) [ ]he is ‘otherwise qualified’ to continue in the program, and (3) [ ]he was dismissed … Because a public university like the University of Cincinnati is an arm of the state, it is entitled to Eleventh Amendment immunity from suit for compensatory and punitive damages. See, e.g., Johnson v.

Ass'n of Am. Physicians & Surgeons v. FDA

13 F.4th 531 · Court of Appeals for the Sixth Circuit · Sep 9, 2021

The Court has also made clear that a complaint must “clearly . . . allege facts demonstrating” standing. Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1547 (2016) (citation omitted). … A state medical board’s threatened disciplinary action against a doctor may well qualify as a valid Article III injury to the doctor. See, e.g., Driehaus, 573 U.S. at 158–59; McKay v.