Case law

Highlands Wellmont Health Network, Inc. v. John Deere Health Plan, Inc.

350 F.3d 568 · Court of Appeals for the Sixth Circuit · Nov 25, 2003

JDHP is a qualified health maintenance organization. … Wellmont also asked for damages for JDHP’s alleged breach of the implied duty of good faith and fair It is well established that any doubts regarding arbitrability dealing in negotiating the 2001 Contract and

Detroit, G. H. & M. Ry. Co. v. Interstate Commerce Commission

74 F. 803 · Court of Appeals for the Sixth Circuit · Apr 14, 1896

This condition was first established 25 years ago, for reasons that do not clearly appear from the proof, but which may be inferred to be largely those arising out of considerations of economy; and it is altogether probable … The judgment of Bramwell, J., in the court of appeals, states the grounds clearly.

United States v. Washington

Court of Appeals for the Sixth Circuit · Mar 25, 2008

Reliford, 471 F.3d 913, 916 (8th Cir. 2006) (“if the defendant fails to object to fact statements in the presentence investigation report . . . establishing that a prior offense was a violent felony conviction, the government … In order to overturn the district court’s competency finding, we would have to find it clearly erroneous. See Harries v. Bell, 417 F.3d at 635.

Joseph Coyer v. HSBC Mortgage Services, Inc.

701 F.3d 1104 · Court of Appeals for the Sixth Circuit · Nov 13, 2012

purposes of a motion for judgment on the pleadings, all well-pleaded material allegations of the pleadings of the opposing party must be taken as true, and the motion may be granted only if the moving party is nevertheless clearly … In order to establish a fraud claim, a plaintiff must demonstrate that: “(1) the defendant made a material misrepresentation; (2) the representation was false; (3) when the defendant made the representation, the defendant

Board of Education of Henderson County, Kentucky v. Spinazzolo Systems, Inc.

986 F.2d 1421 · Court of Appeals for the Sixth Circuit · Feb 9, 1993

Commonwealth, 566 S.W.2d 161 (Ky.Ct.App.1977) establishes the proper framework for analysis. See also Dravo Corp. v. Commonwealth, 564 S.W.2d 16 (Ky.Ct.App.1978). … A statute waiving immunity to suit, moreover, does not automatically waive immunity to prejudgment interest. Powell v.

Caviness v. Commissioner of Social Security

681 F. App'x 453 · Court of Appeals for the Sixth Circuit · Mar 3, 2017

“A district court abuses its discretion when it relies on clearly erroneous findings of fact, or when it improperly applies the law or uses an erroneous legal standard.” … Comm’r of Social Security of qualified attorneys for the proceedings involved, justifies a higher fee.” 28 U.S.C. § 2412(d)(2)(A). The rate of $125 per hour is “a ceiling and not a floor.”

Reminder v. Roadway Express, Inc.

215 F. App'x 481 · Court of Appeals for the Sixth Circuit · Feb 8, 2007

Pursuant to this framework, a plaintiff establishes a prima facie case of age discrimination by showing: “(1) that he is a member of a protected class; (2) that he applied for a job and was rejected; (3) that he was qualified … Next, the district court explained why plaintiff’s complaint failed to properly plead a disparate impact claim: Clearly, the plaintiffs state a disparate treatment claim, in that they allege that the defendant

Gaff v. Federal Deposit Insurance

919 F.2d 384 · Court of Appeals for the Sixth Circuit · Nov 19, 1990

Finally, Congress has clearly indicated that the liability of officers and directors of a bank are determined under federal law. … The FDIC has established few Deposit Insurance National Banks in its history.

United States v. Plavcak

Court of Appeals for the Sixth Circuit · Jun 6, 2005

[T]he Fourth Amendment’s broad language of “reasonableness” is flatly at odds with any claim of a fixed and immutable list of established exigencies. … We next find that the warrantless seizure of the evidence clearly furthered a compelling governmental interest.

Asad v. Gonzales

135 F. App'x 839 · Court of Appeals for the Sixth Circuit · Jun 15, 2005

Before analyzing whether Asad qualifies for asylum, it is necessary to determine from which country she can properly seek asylum. … Clearly, the IJ’s discretionary decision to deny asylum to Asad on this record was not “manifestly contrary to the law and an abuse of discretion.” 8 U.S.C. § 1252(b)(4)(D).

Jawdat Elia v. Alberto Gonzales, Attorney General

418 F.3d 667 · Court of Appeals for the Sixth Circuit · Jul 22, 2005

In any event, the Government’s conduct here clearly does not sink to the level of “affirmative misconduct.” In INS v. … However, the MDOC “Custody Release” document establishes that Elia was released on parole on October 1, 1996.

United States v. Judge Jerome White

940 F.2d 664 · Court of Appeals for the Sixth Circuit · Jul 25, 1991

940 F.2d 664 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 … We reverse credibility determinations only if clearly erroneous. Here we believe Judge Woods correctly resolved the matter before him.

Lennon v. Met Life

Court of Appeals for the Sixth Circuit · Oct 10, 2007

Presumably this means conduct that is appreciably more risky, or less beneficial, than conduct qualifying as ordinary negligence. . . . … This formulation clearly requires something greater than mere foreseeability.

Steven Stockman v. GE Life, Disability & Med. Plan

625 F. App'x 243 · Court of Appeals for the Sixth Circuit · Aug 28, 2015

[and] an insurer has a duty, to express clearly the limitations in its policy.” Id. at 339 . … , where a claimant would qualify.

Terrence Shaughnessy v. Interpublic Group of Companies

506 F. App'x 369 · Court of Appeals for the Sixth Circuit · Nov 21, 2012

Plaintiff was “highly qualified” for his positions and consistently received “outstanding” performance ratings. … Indeed, the complaint clearly makes no attempt to adhere to Iqbal’s enhanced pleading standard.

Mary E. Martin, Personal Representative of the Estate of Michael D. Martin v. United States

856 F.2d 195 · Court of Appeals for the Sixth Circuit · Sep 6, 1988

856 F.2d 195 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 … These three policy reasons were clearly outlined by the Supreme Court in Stencel Aero Engineering Corp. v. United States, 431 U.S. 666 (1977), and were reendorsed last term by Johnson.

United States v. Guthrie

557 F.3d 243 · Court of Appeals for the Sixth Circuit · Mar 2, 2009

Assuming that the statements made during the latter 911 call were hearsay, 3 the district court did not abuse its discretion in finding that the statements qualified for admission under the excited utterance exception. … In vacating the sentence and remanding for a new sentencing, this Court examined the statutory language establishing the mandatory consecutive minimum, which states that violators of the specific provision “shall” be sentenced

W. Paul Mayhue v. Cherry Street Services, Inc.

598 F. App'x 392 · Court of Appeals for the Sixth Circuit · Jan 27, 2015

“An abuse of discretion occurs when (1) the district court’s decision is based on an erroneous conclusion of law, (2) the district court’s findings are clearly erroneous, or (3) the district court’s decision is clearly … employment action; (3) that he was otherwise qualified for the position he held; and (4) that he was replaced by a younger employee outside of the protected class.

Patricia J. Butler v. Ohio Power Company

91 F.3d 143 · Court of Appeals for the Sixth Circuit · Jul 16, 1996

Furthermore, in work force reduction or corporate reorganization cases, 2 we have held that in order to establish a prima facie case, a plaintiff not only must show that he was age 40 or older, was discharged, and was qualified … The record supports defendant's assertion that plaintiff's poor performance motivated her discharge, and this reason is clearly a sufficient basis for defendant's decision.

Thompson v. Bell

Court of Appeals for the Sixth Circuit · Jun 23, 2004

qualified response, counsel for Respondent never asked Crown was of the opinion that Petitioner was severely Dr. Crown whether, assuming that Dr. … It quite clearly did exist, and that evidence was in expert testimony to establish that Thompson suffered habeas counsel’s possession, via Dr.