Case law

Dayton Area Visually Impaired Persons, Inc. v. Fisher

70 F.3d 1474 · Court of Appeals for the Sixth Circuit · Nov 16, 1995

Also, the registration and fee requirements are of a limited duration (two years), if the organization can prove its charitable nature by qualifying as a § 501(c)(3) entity for federal tax purposes. … Upon submission of documentation specified in the statute, the organization involved is automatically qualified to solicit funds.

Jennings v. Alexander

715 F.2d 1036 · Court of Appeals for the Sixth Circuit · Aug 4, 1983

Plaintiffs have established a prima facie case of discrimination against the handicapped. … Yet such a wooden notion of access is clearly not what was intended by the enactment of section 504.

ABX Air, Inc. v. Airline Professionals Ass'n of the International Brotherhood of Teamsters, Local Union No. 1224

266 F.3d 392 · Court of Appeals for the Sixth Circuit · Sep 19, 2001

STANDARD OF REVIEW The district court’s “factual findings must be upheld unless they are clearly erroneous.” Taylor and Gaskin v. Chris-Craft Indus., 732 F.2d 1273, 1277 (1984) (citing Fed.R.Civ.P. 52(a)). … Because there is no equivalent of the National Railroad Adjustment Board for the airline industry, 45 U.S.C. § 184 requires every carrier and its employees to establish an adjustment board by agreement.

Gary Bradford Cone v. Ricky Bell, Warden

359 F.3d 785 · Court of Appeals for the Sixth Circuit · Jun 22, 2004

established” U.S. … We hold that this decision by the Tennessee Supreme Court was contrary to clearly established U.S.

United States v. Matthew Otis Charles

138 F.3d 257 · Court of Appeals for the Sixth Circuit · Mar 5, 1998

STANDARD OF REVIEW This court reviews specific findings of fact made by the trial court under a “clearly erroneous” standard. Hernandez v. … The district court found that Charles met all three criteria and qualified as a career offender as a result of his multiple prior felony convictions.

Roscoe v. United States

902 F.2d 34 · Court of Appeals for the Sixth Circuit · May 3, 1990

The court found that sovereign immunity barred suit against the United States, and that the officials and employees of the IRS were entitled to qualified immunity. … defendants did not violate any of Roscoe's clearly established statutory or constitutional rights.

Stella Mae McKee Individually and as Administratrix of the Estate of David Allen McKee v. Cutter Laboratories, Inc. And Miles Laboratories, Inc.

866 F.2d 219 · Court of Appeals for the Sixth Circuit · Jan 30, 1989

The record on appeal, viewed in a light favorable to plaintiff, establishes the following. … Of course, the crucial date is not when plaintiffs decedent was diagnosed as having AIDS, but when he actually contracted the disease from contaminated Koate, a date not clearly established by the record before this court

Siddarth Shah and Daksha Shah, Plaintiffs-Appellants/cross-Appellees v. Racetrac Petroleum Co., Defendant-Appellee/cross-Appellant

338 F.3d 557 · Court of Appeals for the Sixth Circuit · Sep 29, 2003

A franchise agreement existed and Plaintiffs qualify as “dealers” within the meaning of the TPTPA. … Mayerson, 116 Ohio App.3d 702 , 689 N.E.2d 62 (Ohio 1996), and Bollinger also never established a per se rule.

Mickey Downie David Wheat v. City of Middleburg Heights, Richard P. Siegel Thomas Schneider

301 F.3d 688 · Court of Appeals for the Sixth Circuit · Aug 23, 2002

that Counts I, II, and XI of Downie’s complaint did not rely on the retention or dissemination of the memo, the district court denied Siegel’s and Schneider’s motion to dismiss, finding also that they were not entitled to qualified … immunity.

Robert E. Williams v. International Paper Company

223 F.3d 410 · Court of Appeals for the Sixth Circuit · Jul 31, 2000

It is well established that an ERISA plan must be in writing. 29 U.S.C. § 1102 (a)(1)("Every employee benefit plan shall be established and maintained pursuant to a written instrument."). … The additional medical evidence clearly establishes that Williams was disabled within the meaning of the Plan.

John Patrick Kilroy v. Prince Charles

948 F.2d 1289 · Court of Appeals for the Sixth Circuit · Nov 15, 1991

immunity are set forth in the district court opinion with great clarity and we adopt both in our decision. … Kilroy on immunity grounds, we affirm.

Louis Chandler v. Mike Brown

126 F.4th 1178 · Court of Appeals for the Sixth Circuit · Jan 24, 2025

Although the district court concluded that Chandler could not establish that the state court unreasonably applied clearly established law, it granted a certificate of appealability because a reasonable jurist could disagree … But, as Chandler correctly points out, the State’s argument is better suited to a qualified-immunity analysis, where the “contours of the right must be sufficiently clear” to put state actors on notice. Baynes v.

United States v. Patrick John Corp.

668 F.3d 379 · Court of Appeals for the Sixth Circuit · Feb 9, 2012

The facts clearly belie that assertion. … Clearly to be a pattern. So therefore, I think it can stand. I think it’s been established in this case.

United States v. Tywan Montrease Sykes

65 F.4th 867 · Court of Appeals for the Sixth Circuit · Apr 24, 2023

Sykes also argues that the government failed to establish the required nexus to interstate commerce. … Viewed in the light most favorable to the government, the evidence establishes otherwise.

United States v. Branch

537 F.3d 582 · Court of Appeals for the Sixth Circuit · Aug 12, 2008

The Government contended that Branch was ineligible to qualify for safety-valve relief because he had too many criminal history points, and the district court’s finding to the contrary was clearly erroneous in light of this … In Lett, the defendant qualified for safety-valve relief because he had no prior criminal record, and therefore no criminal history points.

Whitlow v. City of Louisville

39 F. App'x 297 · Court of Appeals for the Sixth Circuit · Jul 1, 2002

Denying qualified immunity, the district court determined that the officers’ entry of the home was unreasonable in light of the knock and announce rule and its exception, and that material factual issues existed as to the … Reversing the district court’s denial of qualified immunity, the Court held that the dispositive issue was whether the suspect “presented an immediate threat to these officers to which they reacted with an unreasonable degree

United States v. Licavoli

725 F.2d 1040 · Court of Appeals for the Sixth Circuit · Jan 9, 1984

Also, he asked for immunity from prosecution for perjury as a condition of his testifying. … The government granted him use immunity, that is immunity from the use of his testimony in the RICO case to prove that his prior testimony was perjurious, but granted him no immunity for any perjury he might commit in the

Wilson v. International Brotherhood Of Teamsters

83 F.3d 747 · Court of Appeals for the Sixth Circuit · Jul 16, 1996

While this may tend to establish a breach of the union's duty of fair representation, it does not establish hostility such that plaintiffs may now be excused from having failed to pursue available contractual grievance procedures … Associated Distrib., Inc., 923 F.2d 1232, 1235 (6th Cir.1991), where the fact of damage has been established, a lesser quantum of proof is necessary to establish the amount.

Hayes v. United Parcel Service, Inc.

17 F. App'x 317 · Court of Appeals for the Sixth Circuit · Aug 20, 2001

In our view, however, Hayes established a genuine issue of material fact with respect to whether he was disabled as defined by the ADA. … Sitting, on the other hand, is clearly accepted as a major life activity.

EFS, Inc. v. Regions Bank (McLemore)

682 F.3d 414 · Court of Appeals for the Sixth Circuit · Jun 8, 2012

The Trustee’s complaint easily establishes his ERISA-fiduciary status. … Custody of plan assets alone cannot establish control sufficient to confer fiduciary status.