Case law

Hugh Edwards v. State Farm Mutual Automobile Insurance Company

851 F.2d 134 · Court of Appeals for the Sixth Circuit · Sep 8, 1988

or would qualify for disability income before September 1, 1982. … Edwards 157 days short of qualifying for disability benefits. 36 Mr.

Stone v. Board of Directors of Tennessee Valley Authority

35 F. App'x 193 · Court of Appeals for the Sixth Circuit · May 15, 2002

Plaintiff argues that since she was qualified, her seniority should not have been based on her date of last hire. … Clearly a positive review, with or without supporting comments, is not an adverse employment action. See Primes v.

United States v. David Lee Oliver

397 F.3d 369 · Court of Appeals for the Sixth Circuit · Feb 2, 2005

We need not address whether Oliver’s testimony and that of his brother establishes a violation of Rule 41 or the Fourth Amendment. … There is no evidence in the record to suggest the district court clearly erred in finding Oliver’s testimony and that of his brother was noncredible.

Peter Schiff v. United States

942 F.2d 348 · Court of Appeals for the Sixth Circuit · Oct 1, 1991

During 1981, the year in question, the Code, as a general rule, allowed a credit against income tax for qualified investments in certain depreciable property. … Tax deductions and credits are a matter of legislative grace, and a taxpayer must clearly establish entitlement. Anselmo v. Commissioner, 757 F.2d 1208 , 1211 n. 2 (11th Cir.1985) (citing New Colonial Ice Co. v.

Rosebush v. United States

119 F.3d 438 · Court of Appeals for the Sixth Circuit · Jul 16, 1997

, waive sovereign immunity for plaintiffs' claims, and, therefore, dismissed them. … in Service policies ... than a mistaken judgment in a matter clearly involving choices among political, economic and social factors."

United States v. Alva

106 F. App'x 314 · Court of Appeals for the Sixth Circuit · Jul 20, 2004

Its findings of fact are reviewed under the clearly erroneous standard, but its conclusions of law are reviewed de novo.” United States v. … Guimond, 116 F.3d 166, 170-71 (6th Cir.1997) (that consent to search is given during an illegal detention does not automatically establish that consent was involuntary).

Kia Motors America, Inc. v. Glassman Oldsmobile Saab Hyundai, Inc.

706 F.3d 733 · Court of Appeals for the Sixth Circuit · Feb 7, 2013

To require Kia to comply with the 2010 Amendment would clearly require us to apply the Amendment retroactively because it would take away Kia’s previously unrestricted contractual right to establish a new dealer more than … Nov. 27, 2012) was whether a letter of intent qualifies as a dealer agreement, and the court never addressed a potential retroactivity issue. No. 12-1202 Kia Motors America v.

Davontae Sanford v. City of Detroit, Mich.

Court of Appeals for the Sixth Circuit · May 28, 2020

Determinations of qualified immunity require us to answer two questions: first, whether the officer violated a constitutional right; and second, whether that right was clearly established in light of the specific context … The officers therefore are not entitled to qualified immunity on this claim. Nor are the officers entitled to qualified immunity on the coerced-confession claim.

Ada-Cascade Watch Co. v. Cascade Resource Recovery, Inc.

720 F.2d 897 · Court of Appeals for the Sixth Circuit · Nov 3, 1983

It therefore qualified for federal interim status, and could continue to construct without the RCRA permit. II. … These committees were established: To provide advice to the Governor and state agencies on environmental issues....

Smith v. Yarrow

78 F. App'x 529 · Court of Appeals for the Sixth Circuit · Oct 20, 2003

This Court reviews a grant of summary judgment on the grounds of qualified immunity de novo. McCloud v. Testa, 97 F.3d 1536, 1541 (6th Cir.1996). … immunity grounds).

GPat Patterson v. Kent State Univ.

Court of Appeals for the Sixth Circuit · Sep 12, 2025

It’s clearly already having an impact. I have concerns.” R. 69-9, Texts, p.15–16, PageID 4244– 45. The two had a call to discuss. … A plaintiff must first establish a prima facie case.

Lela Tompkins v. Crown Corr, Inc.

726 F.3d 830 · Court of Appeals for the Sixth Circuit · Aug 9, 2013

Accordingly, WCAA is immune from Plaintiff’s claim based on governmental immunity, and we affirm the judgment of the district court. 2. … To the extent that Plaintiff can show repairs, they were clearly within the scope of the original contract, and thus a continuation of the work. See Travelers Ins. Co. v.

Todd Penn v. Jason Bergtold

Court of Appeals for the Sixth Circuit · Mar 17, 2020

“A plaintiff bears the burden of showing that a defendant is not entitled to qualified immunity.” Id. (citation omitted). … To overcome a defendant’s assertion of qualified immunity, a plaintiff must demonstrate: “(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of

Estate of Kelly A. Allen v. City of West Memphis

Court of Appeals for the Sixth Circuit · Oct 9, 2012

Qualified Immunity 2 On September 14, 2011, this court granted rehearing to consider our jurisdiction to review the denial of state law immunity, vacated our earlier dismissal of the qualified immunity … Police Dep’t, 690 F.3d 490, 496 (6th Cir. 2012) (after viewing video, affirmed denial of qualified immunity).

Joseph Carleton Hardesty v. Hamburg Township

461 F.3d 646 · Court of Appeals for the Sixth Circuit · Sep 1, 2006

The district court ruled that the state court decision regarding the legality of the search was not binding, the officers’ actions were constitutional, and that even if they were not constitutional, qualified immunity immunized … CONCLUSION The evidence taken in the light most favorable to Plaintiffs does not establish a constitutional violation. Therefore, all Defendants are entitled to judgment as a matter of law in their favor..

Hardy-Burlingham Mining Co. v. Baker

10 F.2d 277 · Court of Appeals for the Sixth Circuit · Feb 5, 1926

He-contributed nothing to establishing this step-of plaintiff’s case. The other medical witness for plaintiff, Dr. … We assume (no objection having been made) that he sufficiently qualified as an expert, though the-mere fact of being a practicing physician might not be enough.

James Pachla v. Saunders System, Inc.

899 F.2d 496 · Court of Appeals for the Sixth Circuit · Mar 28, 1990

The personnel manual clearly provides that the seniority-based layoff procedure applies only to nonexempt and hourly employees. … The recall policy is clearly set forth in the personnel manual.

Jeremy Snider v. United States

908 F.3d 183 · Court of Appeals for the Sixth Circuit · Nov 9, 2018

Sentencing Guidelines Manual § 4B1.1(b)(B), because Snider qualified as a career criminal offender based on three Tennessee aggravated burglary convictions deemed crimes of violence. … We have repeatedly held that counsel is not ineffective for failing to predict developments in the law, unless they were clearly foreshadowed by existing decisions. Thompson v. Warden, Belmont Corr.

Worldwide Equipment, Inc. v. United States

605 F.3d 319 · Court of Appeals for the Sixth Circuit · May 17, 2010

To qualify, a vehicle must be (1) “specially designed for the primary function of transporting a particular type of load other than over the public highway,” and (2) “by reason of such special design, the use of such vehicle … That the trucks were not substantially impaired from using public roads was clearly established by facts in the record which detailed routine use of the Interstate by Worldwide trucks transporting coal from face to tipple

Citizens for Tax Reform v. Deters

518 F.3d 375 · Court of Appeals for the Sixth Circuit · Mar 5, 2008

qualify the proposed amendment for the ballot so long as the Statute was in force. … The court found that the district court did not clearly err in rejecting the petitioner’s evidence of circulators leaving or refusing to work in Oregon as “unsupported speculation.” Id. at 964.