Case law

Gelaine Wilson v. Advance Mortgage Corporation

798 F.2d 1417 · Court of Appeals for the Sixth Circuit · Jul 18, 1986

798 F.2d 1417 Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service … Under McDonnell Douglas, which set forth the prima facie elements of a discriminatory hiring action, a plaintiff must show: 9 (i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for

Cincinnati Association for the Blind v. National Labor Relations Board

672 F.2d 567 · Court of Appeals for the Sixth Circuit · Mar 17, 1982

Thus, even if Congress intended to exempt all primarily therapeutic institutions from the Act, some sheltered workshops would fail to qualify. … Hearst Publications, Inc., 322 U.S. 111 , 64 S.Ct. 851 , 88 L.Ed. 1170 (1944), established that the Board enjoys wide discretion in determining an individual or group’s “employee” status.

Tom PIERCE, Plaintiff-Appellant, v. COMMONWEALTH LIFE INSURANCE COMPANY and Capital Holding Corporation, Defendants-Appellees

40 F.3d 796 · Court of Appeals for the Sixth Circuit · Nov 29, 1994

In McDonnell Douglas, the Court set forth the general elements required for a plaintiff to prove a prima facie case: (i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for which the … The liability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppression, or other trivialities.... Id. (emphasis added). Kentucky courts have explicitly adopted this definition.

Myers v. United States Cellular Corp.

257 F. App'x 947 · Court of Appeals for the Sixth Circuit · Dec 18, 2007

Whether Myers Was Qualified For Her Position USCC argues that Myers failed to establish a prima facie case of sex discrimination because she failed to show that she was qualified for her position at the time she was … Whether Myers Established Pretext Myers also challenges the district court’s finding that she failed to establish pretext.

United States v. Robert Paul Kaplansky

5 F.3d 171 · Court of Appeals for the Sixth Circuit · Sep 22, 1993

As the district court found, the text of the statute and the text of the indictment do not establish that Kaplansky committed the offense by "the use, attempted use, or threatened use of physical force." 18 U.S.C. … physical injury to another" under Sec. 924(e)(2)(B)(ii). 40 This court rejected the same argument when made on behalf of the defendant in Lane, 909 F.2d at 901 : "[Defendant] asserts that the language of the 'otherwise' clause clearly

Larry Lampley v. William Cox, Summit County Coroner, County of Summit, Ohio

836 F.2d 550 · Court of Appeals for the Sixth Circuit · Dec 22, 1987

836 F.2d 550 Unpublished Disposition 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 … immunity defense.

Paul Kordenbrock v. Gene Scroggy, Warden, Kentucky State Penitentiary

919 F.2d 1091 · Court of Appeals for the Sixth Circuit · Jan 30, 1991

The Court holds clearly erroneous the district judge’s finding that appellant’s counsel did not want Dr. … The Court qualified this right: This is not to say, of course, that the indigent defendant has a constitutional right to choose a psychiatrist of his personal liking or to receive funds to hire his own.

City of Erlanger v. Berkemeyer

207 F.2d 832 · Court of Appeals for the Sixth Circuit · Sep 15, 1953

The bonds, which were payable only from revenue derived from the sewer system did not qualify as negotiable instruments under these sections of the statute. See Pulaski County v. … However, the necessary valid delivery is established in another way.

Conner v. State Farm Mutual Automobile Insurance

273 F. App'x 438 · Court of Appeals for the Sixth Circuit · Apr 9, 2008

Conner attempts to show pretext by (1) establishing that she is more qualified than Beard or Flowers; (2) providing statistical evidence demonstrating that State Farm discriminates against older applicants; (3) alleging that … First, to establish that she is more qualified than Beard or Flowers, Conner cites her 20 plus years of experience working in the insurance industry.

Stephen Fleming v. Linda Metrish

Court of Appeals for the Sixth Circuit · Feb 25, 2009

Alternatively, to be deemed an “unreasonable application of . . . clearly established Federal law,” a state-court decision on the merits must be “objectively unreasonable,” not simply erroneous or incorrect. … We conclude that the Michigan Court of Appeals’s determination regarding a lack of interrogation by Officer Clayton was not an “unreasonable application of . . . clearly established Federal law.” See Williams v.

Archie Baker v. Perry M. Johnson

872 F.2d 1023 · Court of Appeals for the Sixth Circuit · Feb 27, 1989

Because this claim arises in the context of a Sec. 1983 damages action brought against individual government officials, it is necessary to determine whether the defendants enjoyed qualified immunity from suit. Harlow v. … In making this determination, we must look to whether the defendants' actions violated the plaintiff's clearly established constitutional rights. Anderson v.

Liberty Coins v. David Goodman

880 F.3d 274 · Court of Appeals for the Sixth Circuit · Jan 22, 2018

Therefore, despite the state’s assurance that “[t]here is no evidence in the record of anyone having been arrested or threatened with arrest,” Appellant Br. at 42, the statute clearly contemplates this possibility, making … As an example, it explains that it may need access to all of a dealer’s records in order to ascertain whether he may qualify for exemption from licensure.

United States v. Sardar Ashrafkhan

129 F.4th 980 · Court of Appeals for the Sixth Circuit · Mar 3, 2025

Arguing that he qualified for a two-level reduction based on the amendment, Ashrafkhan moved for a sentence reduction under 18 U.S.C. § 3582(c)(2). … if the statute had stated explicitly that “the defendant must not have ‘more than 4 criminal history points’ and must not have a ‘3-point offense’ and must not have a ‘2-point violent offense,’” then it would have more clearly

Edward Keith Clark v. Sherri Rayburn, Recovery Services Coordinator

68 F.3d 474 · Court of Appeals for the Sixth Circuit · Oct 23, 1995

68 F.3d 474 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 … Defendants respond that: (1) plaintiff received due process in the prison disciplinary proceedings; (2) defendants are entitled to qualified immunity from suit for damages; and (3) defendant Tate was not personally involved

Mimi Mece and Ardita Mece v. Alberto Gonzales, Attorney General

415 F.3d 562 · Court of Appeals for the Sixth Circuit · Jul 20, 2005

When the regime fell, the petitioner became a member of the Democratic Party and helped establish a branch of the party in Kolonja. … The doctor was clearly re *570 porting that the fracture was of the sinister - humeral scapula. 3 .

Pittman v. Experian Info. Solutions, Inc.

901 F.3d 619 · Court of Appeals for the Sixth Circuit · Aug 23, 2018

It provided that “[t]his is the first step toward qualifying for more affordable mortgage payments.” (Id.) … “It is well established that the scope of discovery is within the sound discretion of the trial court.” Lavado v. Keohane, 992 F.2d 601, 604 (6th Cir. 1993) (citation omitted).

Jones v. Continental Corp.

789 F.2d 1225 · Court of Appeals for the Sixth Circuit · May 6, 1986

She claimed to have been passed over for promotion to supervising underwriter in favor of a less-qualified white employee (Carol Brown) who transferred from the San Francisco office. … The district court found that Jones’s proof was so insubstantial that she had established a prima facie case of illegal discrimination only as to the Carol Brown transfer.

Brown v. Rock Creek Mining Company

996 F.2d 812 · Court of Appeals for the Sixth Circuit · Jun 14, 1993

"It is clearly established that the opinions of treating physicians are entitled to greater weight than those of non-treating physicians." Tussey v. Island Creek Coal Co., 982 F.2d 1036, 1042 (6th Cir.1993). … The Director conceded that the ALJ applied the wrong standard, but asked the court to include with any remand interpretive instructions on what qualifies as a "substantially contributing cause."

James Henderson v. William H. Bannan, Warden

256 F.2d 363 · Court of Appeals for the Sixth Circuit · Jun 4, 1958

Here petitioner’s claim * * * was disbelieved by the tribunal especially qualified to sit in judgment upon its credibility. See Wade v. Mayo, 334 U.S. 672, 683-684 , 68 S.Ct. 1270,1275-1276 , 92 L.Ed. 1647 . … That point was-clearly argued. Every other point raised,, none of them included this question of intimidation or this mob question.

Edith Allen v. BellSouth Telecommunications

483 F. App'x 197 · Court of Appeals for the Sixth Circuit · Jun 6, 2012

Around that time, she began to feel physically weak and to have trouble thinking clearly. R. 25, Attach. 5 at 35. Some days she would “cry[] uncontrollably . . . at work.” … that an impairment is a qualifying disability.