Case law

Michigan Road Builders Association, Inc. v. William G. Milliken

834 F.2d 583 · Court of Appeals for the Sixth Circuit · Feb 23, 1988

upon by the defendants in this action as support for their contention that the Michigan legislature had a firm basis for concluding that the state had engaged in discrimination in awarding contracts for goods and services clearly … any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Reed v. Baxter

134 F.3d 351 · Court of Appeals for the Sixth Circuit · Jan 9, 1998

The District Court dismissed the case on September 3, 1996, for lack of merit, holding that the plaintiffs had failed to establish a prima facie case of discrimination. … The proposed Pre-Trial Order states that “[i]t is the Plaintiffs’ position that ... what was said at [the December 16, 1992] meeting will clearly show that the reason for the promotion of a less qualified black employee over

Plain Dealer Publishing Co., Cross-Appellee v. City of Lakewood, Cross-Appellant

794 F.2d 1139 · Court of Appeals for the Sixth Circuit · Jul 10, 1986

Portage Homes, Inc., 2 Ohio St.3d 26 , 442 N.E.2d 749 (1982) (holding that the defense of sovereign immunity is not available, in the absence of a statute providing immunity, to a municipal corporation in a negligence action … Under the abuse of discretion standard, an appellate court may overturn a lower court’s ruling only if it finds that the ruling was arbitrary, unjustifiable or clearly unreasonable. See NLRB v.

Kreis v. Townley

833 F.2d 74 · Court of Appeals for the Sixth Circuit · Nov 6, 1987

Kreis and Ernst when it sent to them letters of termination is not clearly erroneous. … Kreis, Ernst and Shier experienced logistical difficulties in establishing their new practice, Dr.

Aetna Insurance v. Stringham

440 F.2d 103 · Court of Appeals for the Sixth Circuit · Mar 31, 1971

We find that the finding of the trial judge that the barn which was the subject of the fire constituted an “attractive nuisance” was supported by substantial evidence and was not clearly erroneous. … For the fact that a trespass exists is similarly established regardless of whether the proof of such trespass is sought to avoid liability or to support recovery for damages.

Robert R. Bridewell Stanley McAlpin Daisy S. Pearl Melville F. Walker Eddie C. Rogers v. The Cincinnati Reds

155 F.3d 828 · Court of Appeals for the Sixth Circuit · Nov 10, 1998

I agree with the majority’s well-reasoned conclusion that the district court did not err in deciding that the Cincinnati Reds baseball franchise does not qualify as a seasonal entertainment establishment under the FLSA, and … Pearl an additional $2.75 per hour above her regular rate of $5.50 per hour for overtime hours, because the Reds clearly benefit financially by receiving significant amounts of its revenue in the off-season.

Gerald W. Killian and Martha R. Killian, as Co-Executors of the Estate of Carolyn Matkin, Deceased v. Healthsource Provident Administrators, Inc.

152 F.3d 514 · Court of Appeals for the Sixth Circuit · Aug 7, 1998

Patients undergoing chemotherapy run the risk of being left with crippled immune systems, and thus at increased risk of serious illness from secondary infections. … However, it is not clearly better than standard therapy because randomized clinical trials in this population have not been published. [One recent] study ... does provide suggestive evidence the treatment be better.

Carl v. Henry v. John W. Gardner, Secretary of Health, Education and Welfare

381 F.2d 191 · Court of Appeals for the Sixth Circuit · Jul 19, 1967

Based upon this record, the hearing examiner concluded that the appellant did not establish a period of disability to qualify for disability benefits. … The uncontroverted evidence of record clearly shows that the claimant was able to engage in substantial activity for a number of years after April 1955.”

Maureen Hansen v. Westerville City School District, Board of Education

43 F.3d 1472 · Court of Appeals for the Sixth Circuit · Nov 7, 1994

Under the qualified immunity defense, "government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … McIntyre's constitutional rights, they are protected by the doctrine of qualified immunity. We disagree. Mrs. McIntyre's right to distribute political literature was clearly established at the time of these events.

Kaelin v. Grubbs

682 F.2d 595 · Court of Appeals for the Sixth Circuit · Jul 9, 1982

Nappi, however, did not hold that handicapped children were immune from school discipline. … (c) Any change in placement shall be subject to established admissions and release committee procedures and consideration of the least restrictive environment concept.

Libertarian Party of Ohio v. Jon Husted

751 F.3d 403 · Court of Appeals for the Sixth Circuit · May 1, 2014

Thus, to the extent that the LPO can establish a substantial likelihood of success on the merits of its First Amendment claims, it also has established irreparable harm. See Reno, 154 F.3d at 288. … Thus, the LPO can establish no analogue to the FCC’s pre-Golden Globes enforcement policy.

Joseph v. Coyle

Court of Appeals for the Sixth Circuit · Nov 9, 2006

The state court also unreasonably applied clearly established federal law. … Thus, we conclude that the state court’s decision was not contrary to clearly established federal law. Joseph next argues that the state court unreasonably applied clearly established federal law.

Phillip Atsas v. Matthew Bowen

Court of Appeals for the Sixth Circuit · Jun 11, 2026

If they did, then it is Atsas’s burden to establish “that the right was ‘clearly established at the time’ of the alleged violation.” Id. (quoting District of Columbia v. Wesby, 583 U.S. 48, 62–63 (2018)). … “For the law to be clearly established, ‘existing precedent must have placed the statutory or constitutional question beyond debate.’” Hodges v.

Sparks v. United States

90 F.2d 61 · Court of Appeals for the Sixth Circuit · Apr 16, 1937

There is no confusion as to identity, for the evidence clearly shows that appellant was frequently called Ed Sparks. … If this had not been the case, the warrant would be clearly void. Nathanson v. United States, 290 U.S. 41 , 54 S.Ct. 11 , 78 L.Ed. 159 .

Rita G. Shephard, Guardian of Susan Shephard v. Commissioner of Internal Revenue

340 F.2d 27 · Court of Appeals for the Sixth Circuit · Jan 14, 1965

It is our opinion that the findings of the Tax Court are not “clearly erroneous,” Commissioner v. Duberstein, 363 U.S. 278, 291 , 80 S.Ct. 1190 , 4 L.Ed.2d 1218 , but to the contrary are clearly correct. … One qualifying share was held in the name of Scott Reed but actually belonged to Mr. Shephard. At his death Mr. Shephard was the recorded owner of 224 shares. 2 . “26 U.S.C. § 301.

Storer Communications, Inc. v. Giovan

810 F.2d 580 · Court of Appeals for the Sixth Circuit · Feb 6, 1987

at 690 , 92 S.Ct. at 2661], specifically dealt with, and rejected, the claim that newsmen are entitled to a “conditional, not absolute” privilege — a testimonial privilege conditioned upon the inability of prosecutors to establish … Clearly, Stone does not belong to a suspect class. See San Antonio Independent School District v. Rodriguez, 411 U.S. 1, 28 , 93 S.Ct. 1278, 1293 , 36 L.Ed.2d 16 (1973).

Richard Allgeier, Maria D. Boldrick, Intervening v. United States

909 F.2d 869 · Court of Appeals for the Sixth Circuit · Jul 20, 1990

However, such considerations are insufficient to override our duty to construe strictly any waiver by the United States of its sovereign immunity. See United States v. … Findings made by the district court in this regard should not be set aside unless they are clearly erroneous. Fed.R.Civ.P. 52(a).

Carter v. Univ of Toledo

Court of Appeals for the Sixth Circuit · Nov 12, 2003

fact that each of these men was a 801(d)(2)(D) because “[t]he record is clear that Murry had ‘manager’ within the expansive Spiegel organization is nothing to do with the College of Education’s substantive clearly … at issue can the declarant is a direct decision-maker with regard to the qualify as nonhearsay under Rule 801(d)(2)(D).

United States v. Wells

Court of Appeals for the Sixth Circuit · Jan 9, 2007

Both the United States and Wells agree that the defendant has previously been convicted of at least two offenses that would qualify as “violent felonies.” … The government notes, however, that qualifying delinquent acts must additionally “involv[e] the use or carrying of a firearm, knife, or destructive device.”

Paul Abbott v. United States

78 F.4th 887 · Court of Appeals for the Sixth Circuit · Aug 17, 2023

A district court’s dismissal for lack of subject matter jurisdiction is reviewed de novo, accepting as true any factual findings of the district court unless they are clearly erroneous. Hohman v. … But because of the FTCA’s unique waiver of sovereign immunity, the applicability of the discretionary-function exception is a jurisdictional issue, and if Plaintiffs “cannot identify a waiver [of immunity], [their] claim[