Case law

Burkett v. United States Department of Agriculture

764 F.2d 1203 · Court of Appeals for the Sixth Circuit · Jun 20, 1985

In Shaffer , a two-part test was established to determine the issue before us today; viz., in order for the portions of plaintiff’s Pell Grant funds that were charged against her student account as payment for selections … I feel the case is clearly distinguishable from Shaffer because the funds were held and could only be used for books or supplies, whereas in Shaffer the student received cash.

Gillis v. United States Department Of Health And Human Services

759 F.2d 565 · Court of Appeals for the Sixth Circuit · Apr 19, 1985

I. 3 To be appealable, the District Court's order dismissing HHS from this suit must qualify as either a final judgment under 28 U.S.C. … assurances inadequate. 34 In concluding that appellants' claim against HHS in the instant case is not reviewable under the APA, we do not hold that the agency's performance as administrator of the Hill-Burton program is entirely immune

United States v. Vasquez

560 F.3d 461 · Court of Appeals for the Sixth Circuit · Mar 23, 2009

All of this evidence establishes that Vasquez was reasonably capable of providing seven kilograms of cocaine to Winters. *473 2. … A defendant qualifies for a leadership enhancement if the district court concludes that he has exercised decision-making authority, recruited accomplices, received a larger share of the profits, was instrumental in the planning

David Marshall v. City of Farmington Hills

Court of Appeals for the Sixth Circuit · Jun 1, 2017

Under the doctrine of qualified immunity, government officials are immune from civil liability if their actions do not violate “clearly established statutory or constitutional rights of which a reasonable person would have … Governmental immunity for intentional torts under Michigan law is distinct from federal qualified immunity.

Edwin Southard v. Director, Office of Workers' Compensation Programs

732 F.2d 66 · Court of Appeals for the Sixth Circuit · Apr 16, 1984

One of the major obstacles to qualifying occupational disease under state workers’ compensation programs is an inflexible, often impenetrable, proof of causation requirement. … Under state workers’ compensation systems, When an industrial accident occurs, proof that the resulting injury arose out of employment is likely to be easy since the effect follows so clearly and immediately from the cause

United States v. Melvin Skinner

690 F.3d 772 · Court of Appeals for the Sixth Circuit · Aug 14, 2012

This information was used to establish Skinner’s location as he transported drugs along public thoroughfares between Arizona and Tennessee. … See Campbell, 279 F.3d at 396 (stating clearly erroneous standard for factual determinations).

Amadou Sy v. Pamela Bondi

Court of Appeals for the Sixth Circuit · Mar 3, 2026

And it surely is not unreasonable, let alone clearly erroneous, for the immigration judge to doubt that each event occurred in exactly the same way. … Sy next argues that the Board erred by finding that he didn’t establish a pattern or practice of persecution against black Fulanis in Mauritania. Establishing a pattern of persecution is no easy task.

Chotin Transportation, Inc., Cross-Appellee v. United States of America, Cross-Appellant

784 F.2d 206 · Court of Appeals for the Sixth Circuit · Feb 19, 1986

The pilothouse shall be attended by qualified personnel during the entire locking procedure. … We believe these results would clearly be inequitable. As to 33 U.S.C.

United States v. Gregory Steven Horn

355 F.3d 610 · Court of Appeals for the Sixth Circuit · Jan 20, 2004

“The fact that judgment was pronounced on the same day with sentences to run concurrently, without more, does not establish that [the cases] were in fact consolidated.” … Brown, 209 F.3d 1020, 1024 (7th Cir.2000) (“merely similar, seriatim robberies fall short of qualifying as a ‘single common scheme or plan’ ”).

Steven Warshak v. United States

490 F.3d 455 · Court of Appeals for the Sixth Circuit · Jun 18, 2007

Rather, the government must show that the ISP or other intermediary clearly established and utilized the right to inspect, monitor, or audit the content of e-mails, or otherwise had content revealed to it. … Even so, he would still potentially have a cause of action under 42 U.S.C. § 1983 , although one would have to imagine that he would face viable defenses of qualified immunity were he inclined to seek money damages.

Deborah J. Bauman (77-1459), Evan K. Johnston (77-1460) v. Volkswagenwerk Aktiengesellschaft and Volkswagen of America, Inc.

621 F.2d 230 · Court of Appeals for the Sixth Circuit · May 6, 1980

Where the part is not patently defective, expert testimony is the only available method to establish defectiveness. Huddell v. Levin, 537 F.2d 726, 735, 736 (3d Cir. 1976). IV. … [njone of the physiological injury and pain and suffering could be precisely quantified, nor qualified except within very wide limits.” (p. 602) 3 . See Caiazzo v.

Ventura v. Cinti Enquirer

Court of Appeals for the Sixth Circuit · Jan 28, 2005

Because Ohio law clearly grants immunity from civil liability for disclosure of information in just such an instance as the matter before us, this court affirms the grant of summary judgment by the district court. … Additionally, when the Enquirer was served with grand jury subpoenas it asserted its Shield Law privilege and established a screening process designed to withhold materials identifying confidential sources.

511 Detroit Street, Inc. v. Kelley

807 F.2d 1293 · Court of Appeals for the Sixth Circuit · Dec 17, 1986

This is clearly not a situation, such as that in Kolender , where a statute is likely to be enforced at *1297 the whim” of the enforcement official. … The fact that a person does some business disseminating protected materials cannot immunize that person from large fines that may be imposed for violation of criminal law. See Mabee v. White Plains Pub.

Robert Little v. Bp Exploration & Oil Company Richard Bruzina, Individually and in His Capacity as Store Manager for Bp Oil Company

265 F.3d 357 · Court of Appeals for the Sixth Circuit · Sep 6, 2001

The law in this Circuit is clear that a supervisor who does not otherwise qualify as an employer cannot be held personally or individually liable under Title VII. Wathen v. Gen. Elec. … This Court has not clearly and definitively ruled on this issue and we need not do so today.

White v. Baxter Healthcare Corp.

533 F.3d 381 · Court of Appeals for the Sixth Circuit · Jul 3, 2008

case is between two qualified employees”). … Here the record clearly shows that the choice of Freed over White was based on a reasonable business judgment that Freed was the most qualified of the five candidates for the Regional Manager position.

White Oak Property Development, LLC v. Washington Township

606 F.3d 842 · Court of Appeals for the Sixth Circuit · Jun 4, 2010

In any event, while the procedures may not qualify as standards for precision, they are not constitutionally infirm. … By its plain, unambiguous language, 42 U.S.C. § 1983 requires a “deprivation of [] rights, privileges, or immunities secured by the Constitution and laws[.]” See also Street v. Corrs.

Cobb v. Commissioner of Internal Revenue

185 F.2d 255 · Court of Appeals for the Sixth Circuit · Dec 4, 1950

This test imposes upon us the duty of careful scrutiny of the record to determine whether or not such findings are clearly erroneous. … In 1937, Ida began riding horses and, in 1941, and subsequent years took lessons to qualify her to show saddle horses in competition.

United States v. Curtis Ellis

16 F.3d 1222 · Court of Appeals for the Sixth Circuit · Jan 31, 1994

The evidence, however, establishes that West was using Ellis as her delivery person at that point, and that Ellis was aware of the scope of the conspiracy. … B 38 Ellis argues that if he does not qualify as a "minimal participant," he is still entitled to a reduction because he was "minor participant." U.S.S.G.

United States v. Patrick Rugiero (92-2412) Ara Basmajian (92-2414)

20 F.3d 1387 · Court of Appeals for the Sixth Circuit · Jun 8, 1994

We consider this claim, therefore, only on a basis of plain and clearly prejudicial error. … We believe the defendant has not prevailed in his burden to establish clear error and a fatal variance in this case.

Rosetta Brock v. Ned Ray McWherter

94 F.3d 242 · Court of Appeals for the Sixth Circuit · Aug 30, 1996

Facts Under Tennessee’s Workers’ Compensation Law, a partially and permanently disabled employee who becomes totally and permanently disabled due to a subsequent work-related injury, qualifies for workers’ compensation. … Hence, § 50-6-401(b) (which is repeated with no substantive change at § 50-6-208(c)) clearly contemplates that the normal budgetary and appropriations process will determine how much of the premium tax will be deposited in