Case law

Peter Foltice v. Guardsman Products, Inc.

98 F.3d 933 · Court of Appeals for the Sixth Circuit · Oct 30, 1996

Foltice did not apply for pension benefits when he reached qualifying age in 1990. … pursuant to 'a written instrument,' of which the participants are to be furnished a 'summary')"). 64 Edwards is clearly not pertinent to this case.

Fed. Sec. L. Rep. P 96,861 Gerald Mansbach v. Prescott, Ball & Turben

598 F.2d 1017 · Court of Appeals for the Sixth Circuit · May 7, 1979

Novel or atypical methods should not provide immunity from the securities laws.” Id., at 397. 404 U.S. at 10 -11 & n. 7, 92 S.Ct. at 168 n. 7. … This language is clearly broad enough to sweep within its reach the allegations of Count II of the complaint.

Olga Shipilova v. Eric Holder, Jr.

401 F. App'x 39 · Court of Appeals for the Sixth Circuit · Nov 2, 2010

However, she clearly indicates in her affidavit that she joined the church in 2000. … “Because an alien must meet a higher burden in establishing a right to withholding of removal than in demonstrating asylum eligibility, an alien who fails to qualify for asylum necessarily does not qualify for withholding

Ronald E. Stewart v. James A. Rhodes

656 F.2d 1216 · Court of Appeals for the Sixth Circuit · Sep 29, 1981

I disagree with the majority holding that in the review of allowances of attorneys fees on appeal, it is necessary for the State to establish that the district court abused its discretion. … In short, I believe this court should (1) clearly state that district courts are to carefully “weigh the hours claimed against [their] own knowledge, experience, and expertise of the time required to complete similar activities

Northeast Ohio Coalition for the Homeless v. Husted

696 F.3d 580 · Court of Appeals for the Sixth Circuit · Oct 11, 2012

Page 30 established, Rule 60(b) does not apply. … Aug. 30, 2012), establishes that the consent decree is not a “final judgment” subject to Rule 60(b).

United States v. Jason Zabel

35 F.4th 493 · Court of Appeals for the Sixth Circuit · May 23, 2022

vocational training, medical care, or other correctional treatment in the most effective manner; (3) the kinds of sentences available; (4) the kinds of sentence and the sentencing range established … Of course, we express no opinion regarding whether Zabel will ever qualify for a modification of his release, we just note that he may have that potential procedural option sometime in the future. C.

United States v. James A. Kimes

246 F.3d 800 · Court of Appeals for the Sixth Circuit · Apr 13, 2001

This finding was not clearly erroneous. … Presumably a law enforcement officer who assaults a federal officer who is resisting arrest would not have the requisite intent to do harm to another to qualify as a crime under the federal statute.

Margaret Krohn v. Huron Memorial Hospital

173 F.3d 542 · Court of Appeals for the Sixth Circuit · Apr 1, 1999

DISCUSSION The parties agree that the UNUM long-term disability policy qualifies as an employee welfare benefit plan under ERISA and that Huron Memorial was the plan administrator and ERISA fiduciary. ■ Plaintiff Krohn raises … The UNUM policy states, although not clearly, that the amount to which a beneficiary is entitled under its policy, the “gross monthly benefit,” is to be offset by any “other income benefits,” which in this case undoubtedly

Bedford v. Collins

567 F.3d 225 · Court of Appeals for the Sixth Circuit · Jun 4, 2009

The four dismissed jurors each expressed views that qualified them as “substantially impaired.” … And although it could have done so more clearly, the court’s supplemental instruction alluded to the need to hold on to conscientiously held views.

Montgomery v. Wyeth

580 F.3d 455 · Court of Appeals for the Sixth Circuit · Aug 28, 2009

In short, this evidence does not establish that Georgia’s contacts are more significant than Tennessee’s. Our decision in In re Bendectin Litig., 857 F.2d 290 (6th Cir.1988), does not help Montgomery. … The paragraph that defines the class clearly provides that “[t]he proposed class and subclasses do not include any claims based upon a diagnosis by a qualified physician of primary pulmonary hypertension (“PPH”) suffered

United States v. Christopher Rishell

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

The district court did not clearly err in finding that Rishell had the requisite intent under USSG § 2A1.1. … Transferred Intent Rishell concedes that the stipulated facts in the plea agreement qualify him for the guideline for conspiracy or solicitation to commit murder, USSG § 2A1.5.

Extendicare Health Services, Inc. v. National Labor Relations Board

182 F. App'x 412 · Court of Appeals for the Sixth Circuit · May 9, 2006

The record also establishes that the nurses independently and effectively initiate disciplinary proceedings against nursing assistants. … In a recent case involving similar facts, the Board held that a nurse’s discretionary authority to “write up” other employees’ infractions “clearly evince[d]” her status as a supervisor.

Timothy Ledford v. Commissioner of Social Security

311 F. App'x 746 · Court of Appeals for the Sixth Circuit · Dec 19, 2008

Clearly, such a score is inconsistent with Manges’s assertion that Ledford could not realistically be expected to obtain remunerative employment in the local or national economies. … in order to establish his eligibility for continued disability payments.

United States v. Courtney Butler (98-5552) and Julius Retic (98-5554)

207 F.3d 839 · Court of Appeals for the Sixth Circuit · Mar 29, 2000

Therefore, Butler argues, his prior convictions did not qualify him as a career offender. … Although this argument carries some facial appeal, it lacks merit. 17 In 1984, Congress created the Commission, charging it with "establish[ing] sentencing policies and practices for the Federal criminal justice system."

In re: Mohammad Amawi

Court of Appeals for the Sixth Circuit · Jul 16, 2019

If the documents establish that the defendant’s conduct fell under the method that qualifies as a crime of violence, it does not matter that other hypothetical conduct could also be considered non-violent conduct under … He is clearly, I think, enraptured by images of the killings of Americans and others, and he was enraged.” (Id. at 37.)

United States v. Irvin Phillips

Court of Appeals for the Sixth Circuit · Apr 11, 2019

Therefore, Phillips argued that because the state court did not clearly establish that Phillips had been convicted of a knowing or intentional aggravated assault, his conviction did not qualify for the ACCA. … Because Phillips’s conviction clearly rested on the use or display of a deadly weapon, it falls under § 39-13-102(a).

Lundblad v. Celeste

772 F.2d 907 · Court of Appeals for the Sixth Circuit · Aug 22, 1985

contend that even if the district court erred, it committed a harmless error because Lundblad failed to state a claim and because, under the claim he attempted to raise, the defendant state officers were protected by the qualified … immunity articulated in Harlow v.

Artell M. Henry (81-1767) v. City of Detroit Manpower Department, Douglas L. Gordon (81-5827) v. George Wilson, Al Parke, Dr. Hodge, Norman E. Cox (81-5878) v. Union Carbide Corporation, Ronny Lee Parrish (82-5009) v. John O. Marsh, Jr., Secretary of the Army

763 F.2d 757 · Court of Appeals for the Sixth Circuit · May 22, 1985

We do not believe that we should accept appellants' invitation to establish a hierarchy of cases as a basis for immediate appealability of orders denying appointment of counsel. … It seems to me that Congress has spoken clearly on its desire that civil rights cases be decided on their merits and that counsel be appointed when necessary to assure this.

Correnia Profitt v. Highlands Hosp. Corp.

Court of Appeals for the Sixth Circuit · Aug 1, 2024

The plaintiffs counter that whether Dotson deviated from the standard of care is a “complex medical question” that a layperson could not reasonably assess “absent the assistance of a qualified medical expert.” … Historically, the answer was sovereign immunity. See McElrath v. United States, 102 U.S. 426, 440 (1880); Wilson v. Big Sandy Health Care, Inc., 576 F.3d 329, 333 (6th Cir. 2009).

United States v. Green

Court of Appeals for the Sixth Circuit · Jul 16, 2008

Gomes, 387 F.3d 157, 161 (2d Cir. 2004) (noting that lack of evidence that defendant would qualify for civil commitment weighs in favor of government’s interest). … Griffin established the firm caveat that he had no experience in the prison setting and had great respect for the professional abilities of both Drs. Sixcox and Sigurdson.