Case law
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Amy Baden-Winterwood v. Life Time Fitness, Inc.
Court of Appeals for the Sixth Circuit · May 19, 2009
The applicability of an FLSA exemption is an affirmative defense that an employer must establish by a preponderance of the evidence. Renfro v. … Under the FLSA regulations, an employee’s position must satisfy three tests to qualify for this exemption: (1) a duties test; (2) a salary-level test; and (3) a salary-basis test. Acs v.
Cited 0 timesPublishedUnited 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.
Cited 0 timesUnpublishedUnited States v. Christopher Crawford
Court of Appeals for the Sixth Circuit · Jan 8, 2025
First, he asserts that because CCC was established prior to his criminal conviction, the LLC could not have been organized for an improper purpose. … According to Crawford, if he wanted to shield assets from the government, he would have purchased the home himself, thereby immunizing it from seizure.
Cited 0 timesUnpublished972 F.2d 348 · Court of Appeals for the Sixth Circuit · Aug 14, 1992
ex-husband, and that the other defendants' acquiescence amounted to official city policy. 11 The district court granted defendants' summary judgment motion in favor of the Newton Falls prosecutor on the basis of prosecutorial immunity … There is no suggestion that the Newton Falls prosecutor qualifies as a "county prosecuting attorney." 22 Perrino does not dispute that, as an initial matter, this provision of Ohio law vests final policymaking authority over
Cited 3 timesUnpublishedShirlene Hall v. Knott County Board of Education
941 F.2d 402 · Court of Appeals for the Sixth Circuit · Sep 6, 1991
The complaint went on to say that the defendants had violated one or more of these statutory provisions by failing to establish an individualized education program for the plaintiff with respect to any of the four school … The Halls clearly knew of the injury, whether or not they knew the injury was actionable.
Cited 82 timesPublishedLori Biltoft v. Otis R. Bowen, M.D., Secretary of Health and Human Services
875 F.2d 861 · Court of Appeals for the Sixth Circuit · May 5, 1989
Claimant maintains she has been permanently disabled since the last day she worked on July 7, 1986. 4 At the hearing before the ALJ, medical evidence clearly established that Biltoft suffers from multiple sclerosis. … When the opinion of a treating physician is based on no detailed evidence, and a qualified medical advisor reaches a contrary conclusion on the basis of persuasive, clear medical proof, the ALJ is permitted to accord the
Cited 1 timesUnpublishedLoretta Steward v. New Chrysler
415 F. App'x 632 · Court of Appeals for the Sixth Circuit · Feb 4, 2011
To establish a prima facie case of discrimination under this the *640 ory, she must demonstrate “(1) that [s]he is a member of a protected class; (2) that [s]he suffered an adverse employment action; (3) that [s]he was qualified … Ajilon Servs., Inc., 287 F.3d 593, 597 (6th Cir.2002). 8 To make out a prima facie case of disability discrimination, Steward must establish “(1) that she ... is an individual with a disability);] (2) who was otherwise qualified
Cited 24 timesUnpublishedChristopher J. Pagan v. Police Chief Matt Fruchey, and Village of Glendale, Ohio
453 F.3d 784 · Court of Appeals for the Sixth Circuit · May 19, 2006
Tarnow, United States District Judge for the Eastern District of Michigan, sitting by designation 1 Pagan further argued that Chief Fruchey was not immune from Pagan's § 1983 claims. … Therefore, I dissent. 27 "It is well established that the party seeking to uphold a restriction on commercial speech carries the burden of justifying it." Edenfield v.
Cited 2 timesPublishedMohammed Yacoub v. Eric H. Holder, Jr.
337 F. App'x 511 · Court of Appeals for the Sixth Circuit · Jul 21, 2009
The Board was not persuaded that the IJ’s adverse credibility finding was clearly erroneous. The Board accordingly dismissed Yacoub’s appeal. … Accordingly, because Yacoub failed to meet the lower burden of proof to establish eligibility for asylum, he necessarily failed to satisfy the clear probability standard required to establish eligibility for withholding
Cited 2 timesUnpublished969 F.2d 228 · Court of Appeals for the Sixth Circuit · Sep 22, 1992
Giarratano, 492 U.S. 1 , 109 S.Ct. 2765 , 2771 n. 6, 106 L.Ed.2d 1 (1989). 14 Outside the prisoner context, the Court has found support for the right of access in the Privileges and Immunities Clause of Article IV, Chambers … This proposition is clearly set forth in these cases and requires no further discussion. 32 Second, in all other types of civil actions, states may not erect barriers that impede the right of access of incarcerated persons
Cited 0 timesPublishedJohn McMillan v. LTV Steel, Inc.
Court of Appeals for the Sixth Circuit · Feb 5, 2009
On August 1, 1999, the USWA and LTV Steel entered into an agreement (the “1999 Agreement”) restructuring the pension benefits for all qualified employees. … The bankruptcy court’s findings regarding the effect of the 1999 Agreement are not clearly erroneous. Under the terms of the 1999 Agreement, “[i]ndividual Company Contribution Accounts . . .
Cited 0 timesPublished363 F.2d 757 · Court of Appeals for the Sixth Circuit · Jun 16, 1966
He stated that the absence of such amounts of tetracycline would have to be established by failure to recover this antibiotic in a clearly identifiable form according to present day efficient methods for the separation thereof … ALBERTS Notary Public, State of New York No. 60-0033725 Qualified in Westchester County Certificate filed with N. Y. Co.
Cited 3 timesPublished369 F. App'x 657 · Court of Appeals for the Sixth Circuit · Mar 15, 2010
Thus, although we examine the district court’s legal conclusions de novo, we may not grant habeas relief unless the state court’s decision “was contrary to, or involved an unreasonable application of, clearly established … Only Supreme Court holdings qualify as clearly established federal law for habeas purposes. Williams v. Taylor, 529 U.S. 362, 412 (2000).
Cited 5 timesUnpublished169 F. App'x 961 · Court of Appeals for the Sixth Circuit · Mar 6, 2006
In determining whether a defendant qualifies for a sentence reduction under § 3E1.1(a), a court should consider whether the defendant has truthfully admitted the offense conduct and truthfully admitted, or not falsely denied … But the district court clearly erred by treating the sentencing guidelines as mandatory. See Booker, 125 S. Ct. at 764, 769.
Cited 5 timesUnpublishedAleksander Spaqi v. Eric Holder, Jr.
451 F. App'x 548 · Court of Appeals for the Sixth Circuit · Dec 21, 2011
I believe that Aleksander has established a violation of his procedural due-process rights. … application. 3 Aleksan-der then described in detail the hearing in which the IJ instructed Aleksander to file a separate petition, and explained that his father’s asylum application, which he submitted with his appeal, clearly
Cited 2 timesUnpublishedTauqir Niazi v. Merrick B. Garland
Court of Appeals for the Sixth Circuit · Jul 8, 2021
The BIA’s Decision On November 4, 2020, the BIA “adopt[ed] and affirm[ed] the [IJ’s] decision that [Niazi] did not establish that his removal would result in exceptional and extremely unusual hardship to his qualifying … .2 In support, Niazi points to his testimony that “[s]he likes to cut herself and, and that she just like to hurt herself and that’s about it,” and his testimony that he 2 It is not until his reply brief that Niazi clearly
Cited 0 timesUnpublishedRonald Piontek v. Carmen Palmer
546 F. App'x 543 · Court of Appeals for the Sixth Circuit · Nov 6, 2013
A state-court decision will also be contrary to this Court’s clearly established precedent if the state court confronts a set of facts that are materially indistinguishable from a decision of this Court and … Second, the Court explained that “a federal habeas court making the ‘unreasonable application’ inquiry should ask whether the state court’s application of clearly established federal law was objectively unreasonable.”
Cited 1 timesUnpublished67 F.3d 1219 · Court of Appeals for the Sixth Circuit · Oct 19, 1995
Wilkens stated the following: I do not feel that we are qualified to advise you with respect to the causes of the failure in the experiments you reported. … The FDA established no “specific counterpart regulations” or “specific requirements applicable to” the Proplast TMJ Implant at issue in this case.
Cited 32 timesPublished70 F.3d 1273 · Court of Appeals for the Sixth Circuit · Nov 28, 1995
70 F.3d 1273 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 … Offenses that do not qualify as part of a common scheme or plan may nonetheless qualify as part of the same course of conduct if they are sufficiently connected or related to each other as to warrant the conclusion that they
Cited 0 timesUnpublishedChurch Joint Venture v. Martin Grusin
709 F. App'x 363 · Court of Appeals for the Sixth Circuit · Jan 4, 2018
Prudently, Grusin also advised Debtors that he was not an expert in bankruptcy law, nor was he qualified to file a bankruptcy petition on their behalf, and subsequently introduced Debtors to Tommy L. … The Sixth Circuit standard for imposing sanctions under Section 1927 was established in Jones v.
Cited 7 timesUnpublished
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