Case law

Lloyd v. United Liquors Corp.

203 F.2d 789 · Court of Appeals for the Sixth Circuit · Apr 16, 1953

We think the case is clearly distinguishable, in that there no genuine issue of fact was presented for trial, nor did the appellants submit a copy of a proposed third amendment, nor did they suggest to the trial judge or … We said: “It is not necessary in this case to establish the ‘stream of commerce’ doctrine.

Volunteer Medical Clinic, Inc. v. Operation Rescue

948 F.2d 218 · Court of Appeals for the Sixth Circuit · Oct 29, 1991

City of Cincinnati, 822 F.2d 1390 (6th Cir.1987), establishes VMC's right to assert standing on behalf of its patients. … The Supreme Court has clearly held, however, that the defendant's conduct need not affect every member of the class to make out a § 1985(3) violation.

Williams v. Vukovich

720 F.2d 909 · Court of Appeals for the Sixth Circuit · Nov 4, 1983

The Interim Decree established two eligibility lists and provided that the examinations would be graded on an academic curve. … Yet, those examinations were clearly discriminatory and had an adverse impact on minorities. See 29 C.F.R. § 1607.4 (D).

Sheya Mandebvu v. Eric Holder, Jr.

755 F.3d 417 · Court of Appeals for the Sixth Circuit · Jun 18, 2014

And while I do not make light of the Mandebvus’ situation, I also believe, given the deferential standard of review, that the Mandebvus have failed to qualify for withholding of removal under the INA as well as relief under … While the IJ did “note” this fact, the IJ’s conclusion was clearly the product of a careful weighing of the evidence, which is made obvious by reviewing the IJ’s reasoning in full: If the membership in the MDC makes a person

United States v. Price

63 F. App'x 843 · Court of Appeals for the Sixth Circuit · Apr 25, 2003

After the appellant Quincy Price was arrested in December of 1998, the government obtained immunity for Shawte to secure his cooperation. … As with Price, we find that there was abundant evidence connecting Castleberry to this amount and type of drug and, therefore, the district court’s findings were not clearly erroneous.

Wendy Hancock v. Deandrea Miller

Court of Appeals for the Sixth Circuit · Mar 26, 2021

For the Fourth Amendment claim, the district court ruled that Cornelius was entitled to qualified immunity for pinging Hancock’s cell phone. … Because he reasonably believed that the circumstances were exigent, he did not violate her clearly established constitutional right.

Gary Glenn v. Eric Holder, Jr.

690 F.3d 417 · Court of Appeals for the Sixth Circuit · Aug 2, 2012

They claim they “have a [religious] obligation to state clearly the immoral nature of homosexuality” that requires them to “publicly denounce homosexuality, homosexual activism, and the homosexual agenda as being contrary … In the end, Plaintiffs are correct that they “cannot grant themselves immunity from prosecution under the Hate Crimes Act by simply claiming that they did not in fact intend to cause (willfully or otherwise) bodily injury

United States v. Ronald Cowan

196 F.3d 646 · Court of Appeals for the Sixth Circuit · Oct 27, 1999

During Cowan’s sentencing hearing, the United States established that Co-wan gave the unregistered sawed-off rifle to the juvenile to use in a “sting.” … He knew—he had enough information to qualify ... for robbery and for brandishing,- displaying and so forth of a firearm.I mean he counseled a robbery.

Cruz-Ibarra v. Lynch

632 F. App'x 824 · Court of Appeals for the Sixth Circuit · Dec 3, 2015

On appeal, the BIA found that the IJ’s findings of fact were not clearly erroneous. … The thrust of his position is that wealthy landowners and Mexican nationals returning from the United States *828 qualify as particular social groups for withholding purposes and that he established that he was a member of

Raymond Lee, Jr. v. Countrywide Home Loans, Inc.

692 F.3d 442 · Court of Appeals for the Sixth Circuit · Aug 13, 2012

Advancing the money for Stonefire’s fee qualifies as an act in furtherance of a civil conspiracy. … The Notice of Right to Cancel divulges the Lees’ rights and the significance of their signatures clearly and succinctly.

Saulsberry v. Federal Express Corp.

552 F. App'x 424 · Court of Appeals for the Sixth Circuit · Jan 10, 2014

To qualify as an “eligible employee” under the FMLA, the employee must have actually worked 1,250 hours. … Discrimination Under Title VII and the THRA To establish a prima facie case of Title VII race discrimination, an employee must prove that he: 1) is a member of a protected class, 2) is qualified for the job, 3) suffered an

United States v. Joseph R. Powers (98-3026) Lamarr Terrance Wiggins (98-3042)

194 F.3d 700 · Court of Appeals for the Sixth Circuit · Oct 15, 1999

“A court’s factual findings in relation to the application of the Sentencing Guidelines are subject to a deferential ‘clearly erroneous’ standard of review. … U.S.C. § 841 who does not qualify under the safety valve provision.

Steve Karacson v. David Shaver

Court of Appeals for the Sixth Circuit · May 20, 2026

That means Karacson must show the state court contradicted or unreasonably applied clearly established law from the Supreme Court. Id. (citing 28 U.S.C. § 2254(d)(1)). … Therefore, Von Moltke’s language doesn’t qualify as clearly established federal law determined by the Supreme Court—which is what AEDPA requires to grant relief.

Jewish Hospital, Inc. v. Secretary of Health and Human Services

19 F.3d 270 · Court of Appeals for the Sixth Circuit · May 16, 1994

A hospital must have a certain “disproportionate patient percentage” to qualify for the Medicare adjustment at issue in the instant case. … The legislative history of the Medicaid proxy clearly shows that the Secretary’s construction is contrary to that intent expressed by Congress.

Raymond Pfeil v. State Street Bank and Trust Co

671 F.3d 585 · Court of Appeals for the Sixth Circuit · Feb 22, 2012

The DOL has promulgated detailed regulations about the section 404(c) defense, defining the circumstances under which a plan qualifies as a section 404(c) plan. … For its part, State Street did not assert or prove that it had complied with the requirements of the regulation to qualify for the safe harbor.

Tallassee Power Co. v. Clark

77 F.2d 601 · Court of Appeals for the Sixth Circuit · May 16, 1935

This is clearly established by the evidence. Steamboats have been known for many years to pass up the river beyond the island, and maps of the War Department received in evidence indicate its navigability. … As we understand, the law laid down in many cases, the right of each riparian owner qualifies that of the other, and the question always is not merely whether the lower proprietor suffers damage, but whether under all of

Adam Berry v. Experian Info. Solutions

115 F.4th 528 · Court of Appeals for the Sixth Circuit · Aug 19, 2024

“[A]ll well-pleaded material allegations of the [plaintiff’s] pleadings . . . must be taken as true, and the motion may be granted only if the moving party is nevertheless clearly entitled to judgment.” Jackson v. … Solutions Page 14 demonstrate publication of that inaccuracy to a third party to establish damages for a § 1681i(a) claim. Id.

Sussex Engineering, Ltd., (86-1629) v. James H. Montgomery, (86-1629). E & S Design & Development, Ltd. And Hawtal Whiting, S.A., Plaintiffs- (86-1550/2054) v. James H. Montgomery, (86-1550/2054)

825 F.2d 1084 · Court of Appeals for the Sixth Circuit · Sep 25, 1987

The INS, in Artee, revised the standards for establishing prong three, referring to the temporary nature of the services or labor. … We cannot say that either standard is a more clearly correct interpretation of the statute than the other.

Wanda Crooks v. Hamilton County, Ohio

458 F. App'x 548 · Court of Appeals for the Sixth Circuit · Feb 7, 2012

The district court granted Gardner’s motion for summary judgment, holding that Crooks failed to present sufficient evidence of injury stemming from the arrest and that Gardner at any rate did not violate any clearly established … We denied the officer’s qualified-immunity defense, concluding that “[a]n excessive use of force claim could be premised on [the officer’s] handcuffing Walton if he knew that she had an injured arm and if he believed that

Schwalm v. Guardian Life Insurance Co. of America

626 F.3d 299 · Court of Appeals for the Sixth Circuit · Nov 17, 2010

He also noted that Schwalm reported “difficulty thinking and communicating clearly.” O’Brien’s objective testing, however, focused solely on Schwalm’s physical abilities. … She is a certified rehabilitation counselor who is qualified to evaluate Schwalm’s ability to perform as a chief executive based on a given set of physical and mental limitations, but she is not qualified to diagnose physical