Case law

Kimberly Burgess v. Paducah Area Transit Authority

387 F. App'x 538 · Court of Appeals for the Sixth Circuit · Jul 13, 2010

Causation is established where the reason for the discharge is a “failure or refusal to violate a law in the course of employment,” or “the employee’s exercise of a right conferred by well-established legislative enactment … The issue raised by the parties is whether PATS is immune from liability because Kentucky law required it to produce the records.

United States v. Derek Phoenix

414 F. App'x 755 · Court of Appeals for the Sixth Circuit · Feb 11, 2011

Because he had a prior drug felony and a prior violent felony, however, Phoenix qualified as a career offender. … On appeal, Phoenix asserts only that he barely qualified as a career offender. However, his long criminal history supports an inference that his risk of recidivism is very high.

United States v. Real Property 10338 Marcy Road Northwest, Canal Winchester

659 F. App'x 212 · Court of Appeals for the Sixth Circuit · Aug 9, 2016

Currency includes qualifying language that explains that evidence of insufficient legitimate income must be “unrebutted by any evidence pointing to any other source of legitimate income” before a judgment of forfeiture … Such statements clearly incorporate into Winston’s summary judgment filing the factual information contained as exhibits to his motion to dismiss the indictment.

Peoples Bank & Trust Co. v. Burns (In Re Shelton)

244 F. App'x 634 · Court of Appeals for the Sixth Circuit · Jul 31, 2007

Looking at this issue anew, we conclude that our prior decision was clearly erroneous. … Thus, we conclude that our prior decision was clearly erroneous, and we must consider whether that clearly erroneous decision would work a manifest injustice.

Virginia B. King v. Geoffrey P. Emery

871 F.2d 1088 · Court of Appeals for the Sixth Circuit · Mar 28, 1989

vacated the district court's judgment dismissing the action against Walker declaring that the district court applied the wrong standard when it used a good faith subjective test to determine whether the deputy sheriff was immune … The Court of Appeals remanded for further proceedings for the purpose of applying an objective test whether plaintiff's rights were clearly established at the time of the alleged violation. See Davis v.

United States v. Martinez

302 F. App'x 379 · Court of Appeals for the Sixth Circuit · Dec 3, 2008

Clearly if the jury trial and the jury verdict reflected anything, it was that this defendant was, if not the organizer, an organizer and leader of this conspiracy. … Under this standard, there is little doubt that Martinez qualifies as a leader or organizer. The evidence at trial established that Martinez engaged in prolonged and large-scale narcotics distribution.

Rochelle Johnson v. Patrick Donahoe

642 F. App'x 599 · Court of Appeals for the Sixth Circuit · Mar 2, 2016

The letter also instructed Johnson to report to AMC effective July 22, 2006, because there were no jobs at HCS for which she qualified. … Under this framework, Johnson must first establish a prima facie case of discrimination by showing 1) she was a member of a protected class, 2) she suffered an adverse employment action, 3) she was qualified for the position

United States v. Rodney Mack, Jr.

729 F.3d 594 · Court of Appeals for the Sixth Circuit · Sep 6, 2013

Pointing a gun at a person while demanding conformity with particular action clearly implies a victim will be killed or injured if she refuses to comply. See Fekete, 535 F.3d at 482. … United States, 523 U.S. 224 (1998), the defendant contends that the jury had to find that these two convictions qualified as “second or subsequent” convictions under § 924(c)(1)(C)(i) before the court could impose consecutive

Xiu Ming Chen v. Ashcroft

113 F. App'x 135 · Court of Appeals for the Sixth Circuit · Oct 28, 2004

An asylum applicant bears the burden of establishing that she qualifies as a refugee “either because he or she has suffered past persecution or because he or she has a well-founded fear of future persecution.” 8 C.F.R. … If the applicant establishes past persecution, she is entitled to a presumption of a well- founded fear of future persecution.

Edward L. Ferby v. United States Postal Service

70 F.3d 1271 · Court of Appeals for the Sixth Circuit · Nov 27, 1995

On appeal, Plaintiff contends that a particular finding by the District Court was clearly erroneous--namely, the finding that the violent outburst by Plaintiff that resulted in Plaintiff's termination was not causally related … To establish a prima facie case of handicap discrimination under the Rehabilitation Act, a plaintiff must show (1) that he is a "handicapped person" under the act; (2) that the is "otherwise qualified" for the position; (

In Re Thomas E. Magness Harry E. Redman, Debtors. John Paul Rieser, Trustee v. The Dayton Country Club Company and Cynthia Magness Karas

972 F.2d 689 · Court of Appeals for the Sixth Circuit · Aug 17, 1992

His opinion established that Ohio law is clear. Ohio law does not want the courts involved in the internal workings of associations when those associations have rationally developed rule and procedures. Lough v. … reasoning of the bankruptcy judges, found that the "applicable law" saved under section 365(c) was Ohio case law recognizing that the members of voluntary associations are subject to the associations' regulations which are immune

Anthony Bruno, Jr. v. United Steelworkers of America and Amweld Building Products, Inc.

983 F.2d 1065 · Court of Appeals for the Sixth Circuit · Jan 6, 1993

In this case, although appellant asserts that the company terminated him on February 2, the evidence clearly establishes March 14 as the discharge date. 10 Amweld formally discharged Bruno on March 14. … COBRA quite clearly states that the qualifying event is when the company discharges the employee, not when the employee stops working.

United States v. Phibbs

999 F.2d 1053 · Court of Appeals for the Sixth Circuit · Aug 5, 1993

Consequently, the district court’s conclusion as to his role in the enterprise was not clearly erroneous. … Turner, 936 F.2d 221, 225 (6th Cir.1991) (United States Attorney’s grant of “criminal immunity” within the Southern District of Florida did not bar prosecution in the Eastern District of Michigan).

Sofonias Tomas-Morales v. Merrick B. Garland

Court of Appeals for the Sixth Circuit · Jan 18, 2022

This claim fails because Tomas-Morales’s proposed group does not qualify as a “particular social group” under our caselaw. … Over time, the Board has established various requirements for a proposed group to qualify as a statutorily protected “particular social group.” See, e.g., Umaña-Ramos v. Holder, 724 F.3d 667, 671 (6th Cir. 2013).

Lu Burns, Sue Cook, Annette Falls McLaughlin v. South Central Bell Telephone Company

888 F.2d 127 · Court of Appeals for the Sixth Circuit · Oct 24, 1989

In the first instance, assuming arguendo the plaintiffs were qualified to be TTTs, the district court found that plaintiffs failed to establish a prima facie case of disparate treatment sex discrimination because there was … that plaintiffs failed to carry their burden in establishing a prima facie case and further finding, assuming arguendo a prima facie case, that the district court was not clearly erroneous in its determination that plaintiffs

National Labor Relations Board v. Tennessee Coach Co.

191 F.2d 546 · Court of Appeals for the Sixth Circuit · Jul 9, 1951

determine such somewhat novel questions as to whether Fritts was acting as an agent of the union, and whether his conduct came within the inhibition of this section of the statute, as our decision herein rests upon already well-established … While Fritts, in a qualified, uncertain manner, denied making the throats, the trial examiner found that he was evasive at times, incoherent in his testimony, and that some of his statements indicated inferentially that ho

Mullins v. U.S. Bank

296 F. App'x 521 · Court of Appeals for the Sixth Circuit · Oct 15, 2008

It is undisputed that Mullins was a pregnant African-American woman at all relevant times and that she was qualified for the position she held at U.S. Bank. … Mullins never clearly expressed the severity of her symptoms, until Kessler found her lying in the back of the office. She wrongly assumed the worst by fearing Kessler would discharge her for seeking treatment.

Jack Reese v. CNH American, LLC

Court of Appeals for the Sixth Circuit · Jul 27, 2009

This qualifying language precludes CNH from maintaining that it had the unilateral right to terminate benefits. … The retirees point us to no other extrinsic evidence that is contemporaneous with the 1998 CBA and that clearly establishes a promise of lifetime benefits that can never vary.

Chandler v. Specialty Tires of America (Tennessee), Inc.

134 F. App'x 921 · Court of Appeals for the Sixth Circuit · Jun 17, 2005

Is Chandler Qualified within the Meaning of the THA? An individual may be deemed qualified if the individual can perform, with reasonable accommodation, the essential functions of the position in question. … Rather, Beck clearly formed stereotypical assumptions about Chandler’s ability to take care of herself and to perform her job on the basis of that suicide attempt.

Willie Copeland v. Regent Electric, Inc.

499 F. App'x 425 · Court of Appeals for the Sixth Circuit · Sep 6, 2012

establish a prima facie case of discrimination. … But a “subjective determination that he was better qualified” cannot establish a prima facie case for discrimination. See LaGrant v. Gulf & W. Mfg.