Case law

Chrysler Corp. v. Fedders Corp.

643 F.2d 1229 · Court of Appeals for the Sixth Circuit · Mar 18, 1981

Although the Supreme Court did not explicitly describe the issue in Brunswick as one of standing, that decision clearly establishes that a plaintiff must plead an injury of the • type § 4 was intended to remedy before his … The uncontroverted affidavits submitted by Interclisa in support of its motion to dismiss establish that Interclisa has never: qualified to do business anywhere in the United States; maintained an office or warehouse, or

United States v. Paul Prater

766 F.3d 501 · Court of Appeals for the Sixth Circuit · Sep 2, 2014

Thus, the district court clearly understood the basis for this objection and addressed it. … possible to violate the statute in a way that would constitute a crime of violence and in a way that would not, the court may consider the indictment, guilty plea, or similar documents to determine whether they necessarily establish

Joseph Cooper v. Dewey Sowders, Warden, Northpoint Training Center

837 F.2d 284 · Court of Appeals for the Sixth Circuit · Jan 21, 1988

We begin our discussion with the clearly established rule that errors in the application of state law, especially rulings regarding the admission or exclusion of evidence, are usually not to be questioned in a federal habeas … We disagree with the Commonwealth’s argument. *288 The trial court’s commentary was clearly impermissible.

Lucas v. Kentucky Distilleries & Warehouse Co.

70 F.2d 883 · Court of Appeals for the Sixth Circuit · May 7, 1934

An examination of these provisions, including sections 6, 9, 11, and 13, of title 3 (27 USCA §§ 76, 79, 81, 83), clearly supports that conclusion. … mandatory, and conditioned upon his being “satisfied” that the alcohol has not been diverted to any illegal use, demonstrates am intention of the Congress to commit such refund to the sole discretion of the Commissioner, immune

Clarence Herndon v. Daniel Heyns

702 F. App'x 325 · Court of Appeals for the Sixth Circuit · Jul 25, 2017

In 2013, the Michigan Department of Corrections (MDOC) implemented the Interim Care Program (ICP), establishing the unit where Herndon is housed at the Ionia Correctional Facility. … immunity.

U.S. ex rel. Azam Rahimi v. Rite Aid Corp.

3 F.4th 813 · Court of Appeals for the Sixth Circuit · Jun 29, 2021

Rahimi first says there is no forfeiture because “Rite Aid . . . did not clearly advance the rationale on which the district court relied, [and] did not clearly argue that the Connecticut disclosure was itself sufficient … and medical records but had no further information to establish whether the doctor was personally involved with the surgery.

Mt. Clemens Pottery Co. v. Anderson

149 F.2d 461 · Court of Appeals for the Sixth Circuit · May 21, 1945

M., as the most commonly established starting time in the morning. Whistles were also blown at several other times during the day. … The district court is as much obliged to accept the findings of a master, unless clearly erroneous, as this court is to accept the findings of the district court unless clearly erroneous.

11 Fair empl.prac.cas. 273, 10 Empl. Prac. Dec. P 10,342 Charles Richard Shack, on Behalf of Himself and All Others Similarly Situated v. Charles H. Southworth, Sheriff of Jackson County, Michigan, Individually and in His Official Capacity, and Jackson County

521 F.2d 51 · Court of Appeals for the Sixth Circuit · Jul 28, 1975

The findings of fact are supported by substantial evidence and are not clearly erroneous. Rule 52(a), Fed.R.Civ.P. … The evidence clearly refutes the existence of a class "so numerous that joinder of all members is impracticable," which is the first prerequisite for a class action.

United States v. Levin

973 F.2d 463 · Court of Appeals for the Sixth Circuit · Aug 7, 1992

This was because the Court held that the Ohio immunity statute automatically removed any basis for a valid claim of the privilege, which generally exists under Ohio law. Ohio Const., art. I, § 10. … Accordingly, under these circumstances, the Court holds that the government cannot as a matter of law establish criminal intent beyond a reasonable doubt. J.App. at 44. (emphasis added) (citations omitted).

John Wilson v. City of Zanesville, Jay Vinsel, Charles Rush, and Deke Miedel

991 F.2d 798 · Court of Appeals for the Sixth Circuit · Mar 30, 1993

The district court dismissed the action, finding that the individual defendants were protected by the doctrine of qualified immunity. … rules that were clearly established at the time it was taken."

Akridge v. Wilkinson

178 F. App'x 474 · Court of Appeals for the Sixth Circuit · Apr 26, 2006

Chaplain Akridge appeals the district court’s holdings on retaliation and due process, as well as its alternative holding that the Defendants were entitled to qualified immunity. … Qualified immunity The district court alternatively held that the individual defendants, Bogan and Lazaroff, were entitled to qualified immunity from suit for their actions in this case. (J.A. 51-52).

Peng Guo v. Mich. Tech. Univ.

Court of Appeals for the Sixth Circuit · Jun 23, 2026

The court also granted Johnson qualified immunity because Guo “made no attempt to show that any right was clearly established.” R. 73, Mot. Hr’g Tr., PageID 529–30. After this, only pregnancy discrimination remained. … To overcome Johnson’s qualified immunity defense, Guo needed to show that Johnson violated a constitutional right that was clearly established. Johnson v. Moseley, 790 F.3d 649, 653 (6th Cir. 2015).

United States v. Martinez

16 F. App'x 410 · Court of Appeals for the Sixth Circuit · Jul 31, 2001

The language of Santobello has established the principle that a plea bargain is contractual in nature. See United States v. Herrera, 928 F.2d 769, 771 (6th Cir.1991) (citing United States v. … See U.S.S.G. § 3B1.1, comment, (n. 4) (“There can, of course, be more than one person who qualifies as a leader or organizer of a criminal association or conspiracy”).

Fitts v. Sicker

232 F. App'x 436 · Court of Appeals for the Sixth Circuit · Feb 8, 2007

Hogle, Lee, Thomas, and Sicker moved to dismiss the complaint based on Fitts' failure to exhaust administrative remedies and qualified immunity. … their entitlement to qualified immunity. They also moved for dismissal based on Fitts' failure to state a claim.

In Re: Ron Pair Enterprises, Inc.

828 F.2d 367 · Court of Appeals for the Sixth Circuit · Sep 4, 1987

We conclude that the language of section 506(b) does not clearly provide for the payment of such interest and, in fact, it fails to explicitly overrule the pre-Code judicially created concept disallowing the payment of postpetition … Further, the phrase "interest on such claim" is not "remote" from the qualifying phrase at issue. Cf. District 6, UMW v.

Jeffrey Mann v. Ohio Dep't of Rehabilitation

Court of Appeals for the Sixth Circuit · Aug 3, 2020

Two: the defendants have raised qualified immunity as a defense to the plaintiffs’ request for money damages. … Because they did not raise the issue until now, the district court did not have an opportunity to consider the second prong of the defense: whether the defendants violated “clearly established law.” Taylor v.

Mt. Pleasant Blacktopping Co. v. Greene County

Court of Appeals for the Sixth Circuit · May 2, 2022

With respect to its burden to demonstrate a “clearly established” constitutional violation, Mt. … Indeed, it made no argument at all as to qualified immunity, clearly failing to carry its burden. Accordingly, Volkerding is entitled to qualified immunity. See id.; see also Thomas v.

United States Ex Rel. Williams v. Renal Care Group, Inc.

696 F.3d 518 · Court of Appeals for the Sixth Circuit · Oct 5, 2012

question of RCGSC’s eligibility for Method II payments, and to explain why, in my view, this uncertainty alone leads fairly directly to the conclusion that the evidence marshaled by the Government fails as a matter of law to establish … Although the district court construed the pertinent Medicare statutes and regulations as clearly prohibiting the parent/subsidiary arrangement adopted by RCG, my colleagues and I agree that the statutory scheme provides little

4 Fair empl.prac.cas. 1070, 4 Empl. Prac. Dec. P 7921 Jo Carol Lafleur and Ann Elizabeth Nelson v. Cleveland Board of Education, the Women's Equity Action League (Weal) Amicus Curiae

465 F.2d 1184 · Court of Appeals for the Sixth Circuit · Jul 27, 1972

The Superintendent may require an additional physical examination. 7 "When a teacher qualifies to return from maternity leave, she shall have priority in reassignment to a vacancy for which she is qualified under her certificate … Additionally, as we have observed, the rule is clearly arbitrary and unreasonable in its overbreadth. As the Supreme Court said in Wieman v.

Tremaine Nelms v. Wellington Way Apartments, LLC

513 F. App'x 541 · Court of Appeals for the Sixth Circuit · Feb 4, 2013

Because genuine disputes of material fact exist, summary judgment on these two claims and the officers’ qualified-immunity defense was not warranted. … on their qualified-immunity defense.