Case law

Ohio v. Collins

694 F.2d 433 · Court of Appeals for the Sixth Circuit · Nov 29, 1982

No “prospective” fictitious audit can establish an ‘actuality’ between two persons. … The regulations in effect during the first half of 1976 set up two standards by which a state’s plan could qualify under the Medicaid statute.

Jane M. WOOLDRIDGE, Plaintiff-Appellant, v. MARLENE INDUSTRIES CORPORATION, Et Al., Defendants-Appellees

875 F.2d 540 · Court of Appeals for the Sixth Circuit · Jul 6, 1989

We are not bound by the clearly erroneous standard in our review of this issue. … “It further follows that if the district court makes a general finding of discrimination, the burden is upon the company to prove that qualified individual women who applied for available employment openings were rejected

Fredrick Gross v. David M. Sizemore

104 F.3d 361 · Court of Appeals for the Sixth Circuit · Dec 17, 1996

The district court granted summary judgment for all defendants based upon various forms of qualified and statutory immunity. … IMMUNITY 6 Plaintiff's case fails initially because all defendants are immune from suit. 7 In suits brought under § 1983, qualified immunity protects those police officers "whose conduct does not violate clearly established

Wooster Rubber Co. v. Commissioner of Internal Revenue

189 F.2d 878 · Court of Appeals for the Sixth Circuit · Jun 8, 1951

Neither construction urged is so clearly responsive to the mandates of the instrument as to indicate that either expresses the only possible meaning attributable to the language of the plan. … The petitioner’s witnesses were qualified and unimpeached; and no evidence was offered in contradiction of their sworn statements. In such circumstances, their testimony should have been accepted.

United States v. Robin Rene Warner (90-3753) Michelle Lynn Angel (90-3754) Joyce Ann Richmond (90-3767) Juniata Marla Redd (90-3755)

955 F.2d 441 · Court of Appeals for the Sixth Circuit · Apr 28, 1992

Hence, Redd concludes that the court’s findings in this regard are clearly erroneous. … The trial court’s finding that Redd was a minor participant was also not clearly erroneous.

American Federation of Government Employees v. Clinton

180 F.3d 727 · Court of Appeals for the Sixth Circuit · Jun 15, 1999

Here, on the contrary, any benefit loss results most clearly from the unchallengeable and unchallenged decision to close .bases. … Hill also would have problems establishing prudential standing, since its claims clearly involve " 'abstract questions of wide public significance’ which amount to 'generalized grievances,' pervasively shared and most appropriately

Randy Haight v. Scott Jordan

59 F.4th 817 · Court of Appeals for the Sixth Circuit · Feb 9, 2023

The Kentucky Supreme Court’s holding was not an unreasonable application of clearly established federal law. … Jordan Page 39 unreasonable application of clearly established federal law.

United States v. Robert Lorne Salyer

893 F.2d 113 · Court of Appeals for the Sixth Circuit · Dec 21, 1989

The district court determined that the offense level was 15, qualifying Salyer for a sentence of 21 to 27 months. … Defendant Salyer next argues that the district court’s factual determinations about the victims and the location of their house were clearly erroneous and do not establish victim vulnerability.

Communities, Inc. v. Busey

956 F.2d 619 · Court of Appeals for the Sixth Circuit · Feb 13, 1992

The 65 Ldn standard was established in response to Congress’s direction that the FAA produce a reliable methodology for measuring noise and human response. … The property in Old Louisville qualified for listing on the National Register because of its architectural importance and historical significance.

William H. Millsaps, Jr. v. Anthony Brigano Richard Jent

979 F.2d 851 · Court of Appeals for the Sixth Circuit · Nov 17, 1992

ORDER 1 The defendants appeal an order denying a motion to dismiss this civil rights action on grounds of qualified immunity. This appeal was perfected while trial on the merits was pending. … The defendants have responded that they know of no reason why the appeal should not be considered moot, but wish to reserve the right to cross-appeal the qualified immunity issue should plaintiff timely appeal. 2 Therefore

James Hanna v. Todd Ishee

694 F.3d 596 · Court of Appeals for the Sixth Circuit · Sep 11, 2012

Regardless of whether our stance qualifies as clearly established federal law, this case is arguably distinguishable from Bell in that the circumstances at least strongly imply that Lee was transferred in an effort to secure … The state courts’ rulings were therefore not unreasonable applications of clearly established federal law. See also Campbell v.

Karl Fugate v. Ronald Erdos

Court of Appeals for the Sixth Circuit · Aug 18, 2022

Under the test for qualified immunity, a public official is immune from liability unless the plaintiff establishes: (1) a constitutional violation; and (2) that “the right at issue was ‘clearly established’ when the event … was clearly established.

Ross v. Pension Plan For Hourly Employees Of Skf Industries, Inc.

847 F.2d 329 · Court of Appeals for the Sixth Circuit · May 26, 1988

other hand, argued that it was entitled to summary judgment because plaintiffs had not attained the age and Benefit Service requirement specifically set forth in section 4.05 of the Plan, and because plaintiffs could not establish … Sec. 1002 (23). 4 Clearly, the defendant Plan section 4.05 plant shutdown benefit, which becomes available to certain employees "whose active service ... ceases by reason of a ... permanent shutdown of the plant ...," Plan

Fed. Sec. L. Rep. P 92,071 Ann Brown v. Ferro Corp.

763 F.2d 798 · Court of Appeals for the Sixth Circuit · Jun 7, 1985

In this allegation of injury, Brown has clearly met the requirement that loss or damage to the Corporation must be claimed in order to maintain a shareholder’s derivative action. 13 W. … The doctrine rests on the “values of avoiding unnecessary constitutional determinations and establishing proper relationships between the judiciary and other branches of the federal government.” 13A C. Wright, A.

Sean Carter v. Bobby Bogan

900 F.3d 754 · Court of Appeals for the Sixth Circuit · Aug 20, 2018

established Federal law.’” … Accordingly, we cannot say that the Supreme Court of Ohio unreasonably applied clearly established federal law when it adjudicated this subclaim.

Telespectrum, Inc. v. Public Service Commission of Kentucky

227 F.3d 414 · Court of Appeals for the Sixth Circuit · Sep 8, 2000

[state officials] any immunity from responsibility to the supreme authority of the United States.” Ex parte Young, 209 U.S. at 159 , 28 S.Ct. 441 . … We find nothing in this language signaling that the order is an interim one; rather, it seems to clearly state that the order is a denial of a certificate to build the tower.

Townsend v. Comm Social Security

Court of Appeals for the Sixth Circuit · Jul 20, 2005

In order to qualify for such reimbursement, however, the EAJA requires that “[a] party seeking an award of fees and other expenses shall, within thirty days of final judgment in the action, submit to the court” its application … Federal Rule of Appellate Procedure 4(a) establishes that, in a civil case to which a federal officer is a party, the time for appeal ends sixty days after entry of judgment.

David Cummins v. BIC USA, Inc.

727 F.3d 506 · Court of Appeals for the Sixth Circuit · Aug 14, 2013

An abuse of discretion may be established if the district court is held to have relied on clearly erroneous findings of fact, improperly applied the law, or used an erroneous legal standard. … In relevant part, then, Marchica’s testimony established that the J-26 lighter was not unknown to the CPSC and that the CPSC had had occasion to qualify the J-26 and evaluate different aspects of it.

United States v. Eric Lavell Minter

80 F.4th 753 · Court of Appeals for the Sixth Circuit · Aug 31, 2023

This court vacated that sentence after the government conceded that Minter no longer qualified as a career offender following this court’s decision in United States v. … Although Minter did not explicitly mention the revolver in his jail phone calls to Miller, the district court did not clearly err in finding that he was referring to that firearm.

Starr v. O'Connor

118 F.2d 548 · Court of Appeals for the Sixth Circuit · Mar 14, 1941

National Banks, being instrumentalities of the federal government, are immune from such attempted state control as would conflict with the laws of the United States, or either frustrate the purpose of the national legislation … Obviously, it attempts to qualify in an unusual way agreements between national banks and their customers long understood to arise when the former receive deposits under their plainly granted powers.