Case law

Sharon Johnson v. Cleveland City School District

Court of Appeals for the Sixth Circuit · Nov 15, 2011

It found that Johnson had established a genuine issue of fact as to whether she has a recognized disability. … In order to establish a prima facie case for failure to accommodate, a plaintiff must show that: (1) she is disabled within the meaning of the Act; (2) she is otherwise qualified for the position, with or without reasonable

National Cash Register Co. v. National Labor Relations Board

466 F.2d 945 · Court of Appeals for the Sixth Circuit · Aug 18, 1972

It appears unlikely that the possessor of a company pass who did not also have a union pass would have been immune from picket line harassment. … ; and there was clearly union causation of the discrimination.

Randy Pearce v. Chrysler Grp. LLC Pension Plan

893 F.3d 339 · Court of Appeals for the Sixth Circuit · Jun 20, 2018

First, the Plan’s provisions clearly make him ineligible for the 30-and-Out benefits, and the Plan does so with language that is accessible to an ordinary reader. Pearce I, 615 F. App’x at 348. … “Under the terms of the SPD (but not the Plan because of its additional exclusion), [Pearce] qualifies for 30-and-Out benefits.” Pearce I, 615 F. App’x at 349.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. the BAILEY COMPANY, INC., Defendant-Appellee

563 F.2d 439 · Court of Appeals for the Sixth Circuit · Oct 17, 1977

In addition, the Area Director determined that appellee company admitted that it had failed to hire a qualified male applicant because of his religion. … The clearly stated rule in this Circuit is that the EEOC’s complaint is “limited to the scope of the EEOC investigation reasonably expected to grow out of the charge of discrimination.” Tipler v. E.

Rafia Khan v. Regions Bank

544 F. App'x 617 · Court of Appeals for the Sixth Circuit · Nov 1, 2013

Among those documents was a Credit Agreement and Disclosure form that established a revolving line of credit for Ms. Khan and her ex-husband. … Khan does not qualify as a “person aggrieved,” and therefore did not have standing to appeal the bankruptcy court’s ruling.

Sandra Baker Waters v. Betty Kassulke, Warden, Kentucky Correctional Institution for Women

916 F.2d 329 · Court of Appeals for the Sixth Circuit · Oct 4, 1990

Hedrick’s statement, to establish the fact that Bond raped the girls. .The three girls testified to this fact. Each daughter corroborated the others’ testimony. … Viewed in light of this testimony, the prior bad act evidence clearly was probative on the question of the credibility of appellant’s denial of knowledge.

Reid v. Sears, Roebuck & Co.

790 F.2d 453 · Court of Appeals for the Sixth Circuit · Apr 28, 1986

He contends that Sears would not have qualified for summary judgment under Michigan law and that the outcome of a diversity case should not be different in a federal court than it would have been in the state whose substantive … Batchelor contends that her affidavit established the existence of a genuine issue of material fact. In this affidavit Ms.

Brent Adkins v. Marathon Petroleum Co., LP

105 F.4th 841 · Court of Appeals for the Sixth Circuit · Jun 24, 2024

“A district court abuses its discretion when it relies on clearly erroneous findings of fact, when it improperly applies the law, or uses an erroneous legal standard.” Bisig v. … Butler, testified that Adkins’s FVC values showed that he was not medically qualified to work on the barge. This testimony indicates that Dr. Butler views Adkins’s FVC values as a manifestation of lung problems.

Arthur K. Winn, Cross-Appellant, Linda G. Winn v. American Steamship Company, Cross-Appellee

898 F.2d 155 · Court of Appeals for the Sixth Circuit · Mar 23, 1990

898 F.2d 155 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 … Clearly both of these captains were qualified to testify as expert witnesses in this case. 11 Waddell had been a ship's electrician for 23 years, served on the Belle River for 10 years, and was responsible for all the lighting

Robert J. Kondrat v. Hon. Frank D. Celebrezze, Chief Justice, Ohio Supreme Court

793 F.2d 1292 · Court of Appeals for the Sixth Circuit · May 1, 1986

The district court granted the motion to dismiss on the grounds of judicial immunity. 3 Judicial officers are entitled to absolute immunity for their judicial acts. Stump v. Sparkman, 435 U.S. 349 (1978); King v. … Clearly, entering an order dismissing an appeal is a judicial act, and Justice Celebrezze is entitled to absolute immunity.

Wayne LaFountain v. Randall Mikkelsen

478 F. App'x 989 · Court of Appeals for the Sixth Circuit · May 8, 2012

Neither of these actions establish a causal connection. … Second, though the district court did not reach the issue of qualified immunity, both parties raise the issue on appeal.

United States v. Edward Delbert Doss

924 F.2d 1059 · Court of Appeals for the Sixth Circuit · Feb 6, 1991

924 F.2d 1059 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 … The district court's denial of the defendant's motion to dismiss is not clearly erroneous. Id.; See also Wainwright v.

Guzowski v. Hartman

969 F.2d 211 · Court of Appeals for the Sixth Circuit · Jul 10, 1992

A division within a corporate structure pursues the common interests of the whole rather than interests separate from those of the corporation itself; a business enterprise establishes divisions to further its own interests … Judge Churchill dismissed the count after deciding that the state’s pervasive regulation of the racetracks imbued the individual defendants with antitrust immunity under the state action doctrine.

United States v. Robinson

Court of Appeals for the Sixth Circuit · Dec 2, 2004

“Mere cessation of activity is not sufficient” to establish withdrawal from a conspiracy, Lash, 937 F.2d at 1083, and a defendant’s arrest or incarceration does not qualify as an affirmative, volitional act of withdrawal, … Although defense counsel argued that this did not establish Robinson’s voluntary absence from the sentencing hearing, the district court held otherwise, and this determination was not clearly erroneous.

Michael v. Caterpillar Fin Serv

Court of Appeals for the Sixth Circuit · Jul 31, 2007

In order to establish a prima facie case, Michael must show that she (1) is a member of a protected group, (2) suffered an adverse employment action, (3) was qualified for the position, and (4) was replaced by a person outside … This more liberal definition permits actions not materially adverse for purposes of an anti- discrimination claim to qualify as such in the retaliation context.

United States v. Paseur

148 F. App'x 404 · Court of Appeals for the Sixth Circuit · Aug 19, 2005

“A court’s factual findings in relation to the application of Sentencing Guidelines are subject to a deferential ‘clearly erroneous’ standard of review. … Pasuer also argues that the district court erred in finding that he did not qualify for the “safety valve” under U.S.S.G. § 5C1.2(a).

Bibler v. Young

492 F.2d 1351 · Court of Appeals for the Sixth Circuit · Feb 27, 1974

It was not equipped with an ADF radio Beacon Marker Indicator or any other electronic means of establishing position in relation to the outer marker. … Clearly the negli *1361 gence we have described on Bibler’s part was a proximate cause of the accident.

Busk v. Integrity Staffing Solutions, Inc. (In Re Amazon.com, Inc.)

905 F.3d 387 · Court of Appeals for the Sixth Circuit · Sep 19, 2018

But Defendants’ version of the statement omits important qualifying language. Indeed, the ellipses Defendants introduce after the word “Act” and before “the” obscure the full meaning. … Once established, an employer shall not change or manipulate an employee’s workweek to evade the requirements of the act. Ariz. Admin.

In re: John R. Homes v.

Court of Appeals for the Sixth Circuit · Mar 1, 2006

Ruling from the bench, the court granted the motion, concluding that Adell was not qualified to serve as a creditor in an involuntary bankruptcy because his claim against JRH was not undisputed. … Accordingly, we reject Adell’s contention that the bankruptcy court clearly erred in finding that the record evidence establishes that the filing was the proximate cause of damage to JRH. 2.

Douglas Baker v. Windsor Republic Doors

414 F. App'x 764 · Court of Appeals for the Sixth Circuit · Mar 8, 2011

Baker faced in his attempt to make out a claim of disability discrimination under the ADA was the requirement of establishing that he was qualified to perform the job he sought, with or without reasonable accommodation … Hence, we conclude that Baker established the third element of his retaliation claim.