Case law

Fitzgerald Truck Parts & Sales LLC v. United States

132 F.4th 937 · Court of Appeals for the Sixth Circuit · Mar 31, 2025

LinkLine Commc’ns, Inc., 555 U.S. 438, 453 (2009) (noting importance of clearly defined safe harbors in antitrust). That concern is not so far-  No. 24-5078 Fitzgerald Truck Parts & Sales LLC v. … See, e.g., Schneider, 11 F.4th at 551–52 (involving a taxpayer who qualifies for both provisions).

Rebecca GAMBILL, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee

823 F.2d 1009 · Court of Appeals for the Sixth Circuit · Jul 24, 1987

Gray, which qualified her previous report. In her updated letter Dr. … These findings clearly satisfy the requirements of § 11.13 as described in § 11.04B. Even if the questionable application of § 11.00C is permitted, Dr.

Ex parte Thieret

268 F. 472 · Court of Appeals for the Sixth Circuit · Nov 3, 1920

On examination he was found physically qualified for military service, and on August 30 was certified by the local board accordingly. … It clearly appears that appellant deliberately decided not to comply with the final order to entrain, because of liis view that his former exemptions still held good.

National Labor Relations Board v. Thompson Products, Inc.

130 F.2d 363 · Court of Appeals for the Sixth Circuit · Aug 28, 1942

There was no contention then that the complaining organization was not bona fide a Union eligible to bring charges or qualified to function as a bargaining unit if selected by a majority of the respondent’s employees. … We have given no consideration to the contention that the articles in the “Friendly Forum” are protected by the guaranties and immunities of the First Amendment to the Constitution of the Unit *369 ed States, N.L.R.B. v.

United States v. Michael

Court of Appeals for the Sixth Circuit · Mar 3, 2008

Accordingly, the informal resolution of the Nelson Mill payment dispute cannot qualify as a “settlement” under § 186(c)(2). III. … His expert had solicited bids from a variety of contractors to establish this range.

Rondot v. Rogers Tp.

99 F. 202 · Court of Appeals for the Sixth Circuit · Jan 2, 1900

The notices for the meeting showed clearly that it was the intention of those calling the meeting that both a tax should be levied, and bonds should be issued for the same purpose, and this was undoubtedly the purpose of … of any defect in the proceedings resulting in their issue, but the contention is that one who acquires negotiable paper after its maturity from one who bought it in good faith before its maturity may not enjoy the same immunity

Brocklehurst v. PPG Industries, Inc.

123 F.3d 890 · Court of Appeals for the Sixth Circuit · Aug 18, 1997

Clearly Johnson is at least as qualified as Brocklehurst. … In a RIF, qualified employees are going to be discharged. Barnes, 896 F.2d at 1466 .

N.L. v. Knox County Schools

315 F.3d 688 · Court of Appeals for the Sixth Circuit · Jan 16, 2003

The School System's Section 504 Procedures 42 In order to establish a violation under section 504, a disabled individual must establish that he was subjected to prohibited discrimination, which means he was denied the opportunity … Muller does not contradict the holdings that a student who does not qualify under the IDEA also does not qualify under section 504.

Glenn Whiting v. Chris Trew

Court of Appeals for the Sixth Circuit · Aug 21, 2023

Qualified immunity “shields governmental officials from monetary damages as long as ‘their actions did not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … The “inquiry” whether officials’ conduct violated “clearly established” law “‘must be undertaken in light of the specific context of the case, not as a broad general proposition.’” Clemente v.

Major Smith, III v. City of Toledo, Ohio

13 F.4th 508 · Court of Appeals for the Sixth Circuit · Sep 7, 2021

Defendants argue that Smith’s prima facie case fails because he was not qualified and cannot show that similarly situated recruits of a different race were treated better than he was. … As a result, Murry’s declaration does not establish pretext.

Otte v. Houk

654 F.3d 594 · Court of Appeals for the Sixth Circuit · Aug 12, 2011

We look to our own decisions “to the extent [they] have already reviewed and interpreted the relevant Supreme Court case law to determine whether a legal principle or right had been clearly established by the Supreme Court … In practice, the analysis of the state courts did not contradict the clearly established law of Moran .

Roger Gardner and Barbara Gardner v. James E. "Jack" Bisceglia, Shirley Bisceglia, and Harold Gilreath

956 F.2d 1164 · Court of Appeals for the Sixth Circuit · Mar 11, 1992

These assertions are clearly insufficient to sustain a § 1983 claim. 20 As for Mr. … Gilreath, he is protected from a § 1983 suit by qualified immunity, which the Supreme Court has described as follows: 21 As the qualified immunity defense has evolved, it provides ample protection to all but the plainly incompetent

Terry Houthoofd v. Tuscola Cnty, Mich. Road Comm'n

Court of Appeals for the Sixth Circuit · Jan 8, 2021

Decisions about road improvements are clearly within the scope of commissioners’ authority. 2 “The five statutory exceptions to governmental immunity are the ‘highway exception,’ M.C.L. § 691.1402, the ‘motor vehicle … Odom, 760 N.W.2d at 221−22; compare M.C.L. § 691.1407(2) (granting only qualified immunity to lower-level government employees).

Dr. And Mrs. Wentworth S. Morris, and Mary Mauricia Morris v. Montgomery County, Tennessee

23 F.3d 407 · Court of Appeals for the Sixth Circuit · Apr 20, 1994

They suggested that the Second Amendment claim was not cognizable under Sec. 1983, and that the police chief and his officers were entitled to qualified immunity. All of the defendants maintained that Ms. … later date, and the claim that the police chief and sheriff violated the plaintiffs' civil rights by not preventing the burglarization of their home in September 1990 and in May and June of 1991. 30 The latter claim is clearly

Columbia Gas Const. Co. v. Holbrook

81 F.2d 417 · Court of Appeals for the Sixth Circuit · Feb 6, 1936

It was established that the trench was dug to an average depth of 4 feet 11 inches, and the jury was permitted to return a verdict for work in excess of contract requirements. … Moreover, the clause in the specifications which authorizes demand for depth greater than minimum is expressly qualified by statement of its purpose, and' there is no contention that greater depth than minimum was at any

Michael Knight v. United States

936 F.3d 495 · Court of Appeals for the Sixth Circuit · Aug 27, 2019

. § 2114(a) should be affirmed because that offense qualifies under the “elements clause” of the definition of a “crime of violence” in § 924(c)(3)(A). We agree. … “In reviewing a district court’s denial of a motion under Section 2255, we apply a clearly erroneous standard to its factual findings and review its conclusions of law de novo.” Hyatt v.

Todd Courser v. Mich. House of Representatives

Court of Appeals for the Sixth Circuit · Oct 6, 2020

“Qualified immunity shields government officials from standing trial for civil liability in their performance of discretionary functions, unless their actions violate clearly established rights.” Kollaritsch v. Mich. … But dismissal based on qualified immunity is appropriate if a plaintiff fails to plausibly allege facts that, taken as true, “show the violation of a right so clearly established that

Aziz Abdurakhmanov v. Eric Holder, Jr.

666 F.3d 978 · Court of Appeals for the Sixth Circuit · Jan 23, 2012

Holder Page 4 (“BIA”), which upheld the IJ’s decision.1 Specifically, the BIA found that the IJ’s adverse credibility determination was not clearly erroneous based on … “[T]o qualify as a refugee,” the applicant must establish “that he or she has suffered past persecution on the basis of race, religion, nationality, social group, or political opinion; or . . . show[] that

Briscoe v. Fine

444 F.3d 478 · Court of Appeals for the Sixth Circuit · Apr 13, 2006

We believe that both the parties and the district court misunderstood what must be shown in order to establish that an entity controlling the assets of an ERISA-covered plan qualifies as a fiduciary. … Provident Bank, 170 F.3d 609, 613 (6th Cir.1999)) (“Common law breach of fiduciary duty claims are clearly preempted by ERISA.”).

Anthony McCallum v. Stephen Geelhood

Court of Appeals for the Sixth Circuit · Aug 6, 2018

The doctrine of qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … The right to be free from warrantless searches of one’s home is clearly established, see, e.g., El Bey v.