Case law

Phillip Berryman v. Jennifer Granholm

343 F. App'x 1 · Court of Appeals for the Sixth Circuit · Aug 12, 2009

Additionally, the district court concluded that plaintiff’s request for injunctive relief was rendered moot by his transfer to another prison and that defendants were entitled to qualified immunity on damages because the … claimed right was not clearly established.

Libertarian Party v. Blackwell

462 F.3d 579 · Court of Appeals for the Sixth Circuit · Sep 6, 2006

Ohio law provides two methods by which a party can qualify for the primary election. … Even if the statutes leave some associational rights unimpeded, this is not sufficient to establish that no burden is imposed.

Service Bolt & Nut Co. v. Commissioner Of Internal Revenue

724 F.2d 519 · Court of Appeals for the Sixth Circuit · Dec 29, 1983

Profit Sharing Trust (Penn Trust), were established as profit sharing trusts qualified under Sec. 401(a) by Service Bolt & Nut Co., Inc. (SBN Co.), Service Bolt & Nut of Akron, Inc. … SBN Lorain and SBN Cleveland each established a qualified profit sharing plan and trust: Service Bolt & Nut of Lorain, Inc. Profit Sharing Trust and Service Bolt & Nut of Cleveland, Inc.

Raymond Hall

4 F.4th 376 · Court of Appeals for the Sixth Circuit · Jul 6, 2021

Petitioners have failed to show that objectors indisputably qualify as “parties” for the purposes of pre-judgment conferences. … No judgment affecting objectors has entered, so they are not clearly and indisputably “parties” under the cases they cite.

United States v. Gregory Franklin, II

Court of Appeals for the Sixth Circuit · Dec 16, 2021

The district court did not clearly err in denying Franklin’s motion to suppress We now address the issues raised by Franklin. … Based on this testimony, the government clearly established that Smith had the “knowledge, skill, experience, training, or education” necessary to give his expert opinion on matters concerning drug trafficking. See Fed.

Bankr. L. Rep. P 75,430 in Re William J. McLaren Debtor. William Longo, Sr. v. William J. McLaren

3 F.3d 958 · Court of Appeals for the Sixth Circuit · Aug 30, 1993

Had the Debtor qualified this assurance with the admission that such payments had been made in whole or substantial part from his own funds, not from the ventures, it would have undercut his assurances that prior ventures … Id. at 713. 2 McLaren has failed to establish that these findings are clearly erroneous.

Shorts v. Bartholomew

255 F. App'x 46 · Court of Appeals for the Sixth Circuit · Oct 17, 2007

Sheriff Bartholomew asserted qualified immunity to the claims directed against him in his individual capacity. … We reach the same conclusion the district court did with regard to qualified immunity.

Michael Blackard and Sharon Blackard, Both Individually and as Parents, Legal Guardians and Next Friends for Ashley Blackard, a Minor v. Memphis Area Medical Center for Women, Inc. Fazel Manejwala, M.D.

262 F.3d 568 · Court of Appeals for the Sixth Circuit · Aug 24, 2001

The district court's finding that the Tennessee juvenile courts were in active concert with the ADC was not clearly erroneous. … This argument clearly misses the point. The district court's ruling did not hold that Plaintiffs or Defendants were enjoined by the injunction.

Kochins v. Linden-Alimak, Inc.

799 F.2d 1128 · Court of Appeals for the Sixth Circuit · Sep 2, 1986

A summary judgment movant bears the burden of clearly and convincingly establishing the nonexistence of any genuine issue of material fact, and the evidence as well as all inferences drawn therefrom must be read in a light … See Massery, Date-of-Sale Statutes of Limitations — A New Immunity for Product Suppliers, 1977 Ins.L.J. 535, 542.

Elvis R. & Brenda S. Beutler v. John Block, Individually and in His Capacity as Secretary of the United States Department of Agriculture Johnny v. Crow, Individually and in His Capacity as State Director for Tennessee Farmers Home Administration, United States Department of Agriculture and Glenn J. Hamlett, Individually and in His Capacity as Chief of Farmers Programs, Tennessee Farmers Home Administration, United States Department of Agriculture

831 F.2d 293 · Court of Appeals for the Sixth Circuit · Oct 6, 1987

Fitzgerald, 457 U.S. 800, 818 (1982), teaches that neither the costs of trial and of trial preparation nor the risk of civil damages can be justified if the constitutional claim being asserted is not clearly established. … And in its most recent case on qualified immunity the Court emphasized the need to minimize interference with the duties of government officials by stressing that qualified immunity questions should be resolved at the earliest

Stoll v. Western & Southern Life Insurance

64 F. App'x 986 · Court of Appeals for the Sixth Circuit · May 22, 2003

Id. at 901 . *991 ERISA establishes several requirements for the handling of benefits claims. … time for those who leave before qualifying but later return.

Miskel v. Karnes

Court of Appeals for the Sixth Circuit · Jan 24, 2005

As debatable as Vega may be,6 we conclude that its application in Petitioner’s case was not contrary to or an unreasonable application of clearly established federal law. A. … Under AEDPA, if there is no “clearly established Federal law, as determined by the Supreme Court” that supports a habeas petitioner’s legal argument, the argument must fail.

United States v. Pedro Tejada

60 F.3d 829 · Court of Appeals for the Sixth Circuit · Jun 27, 1995

Although defendant concedes that he does not qualify for an additional one-point reduction under subsection (b)(2), he asserts that he qualifies for an additional one-point reduction under subsection (b)(1) because he timely … We conclude that the district court's conclusion that defendant was not a minimal or minor participant is not clearly erroneous.

John Pinter v. George C. Young, Bernard B. Hurst, State of Ohio, Department of Transportation

943 F.2d 52 · Court of Appeals for the Sixth Circuit · Aug 27, 1991

Appellant Hurst separately urged that he was immune from section 1983 liability because he had not participated in the denial of any process due Pinter. 3 State officials are not entitled to qualified immunity from liability … for civil damages if a reasonable person acting under similar circumstances knew or should have known that his or her conduct violated clearly established statutory or constitutional rights.

Pittsburgh S. S. Co. v. National Labor Relations Board

167 F.2d 126 · Court of Appeals for the Sixth Circuit · Apr 5, 1948

petitioner assails the order on the ground that the Board made no independent findings; that the findings and conclusions of the trial examiner, which it adopted, were arbitrary and biased; and that the evidence fails to establish … unorganized for reasons therein detailed, but in which he advised the men that they were free to join the union; that this would not affect their position and that the company would continue to afford the right to work to qualified

William Joe Johnson v. Harry S. Avery, Commissioner of Correction, and C. Murray Henderson, Warden, Tennessee State Penitentiary

382 F.2d 353 · Court of Appeals for the Sixth Circuit · Aug 31, 1967

The perspective through which we view this question, even though it seems one of first impression, must be framed by the well-established reluctance of the Federal Courts to intervene in internal affairs of state or Federal … Petitioner does not allege that he has complied with any of these laws, despite the fact that his activities clearly constitute unlawful practice in Tennessee 2 .

Omar Pouncy v. Carmen Palmer

846 F.3d 144 · Court of Appeals for the Sixth Circuit · Jan 13, 2017

No. 104-132, 110 Stat. 1214 (1996), govern this case, meaning that we can only grant habeas relief where the state court’s reasoning is “contrary to” or constitutes an “unreasonable application” of clearly established Supreme … The evidence establishes that Pouncy felt that he was being forced to represent himself because his only other option was to have Breczinski represent him, despite being unprepared to do so.

Estate of Kenneth Daniels, by Tina Daniels, Etc. v. City of Cleveland

865 F.2d 1267 · Court of Appeals for the Sixth Circuit · Jan 11, 1989

Finally, she contends that the district court erred by instructing on qualified immunity. … The instructions correctly submitted the issue of qualified immunity.

Potters Medical Center v. The City Hospital Association

800 F.2d 568 · Court of Appeals for the Sixth Circuit · Sep 4, 1986

Under the second Southaven factor, Potters is clearly a competitor in the alleged relevant market of hospital inpatient services. … In Noerr and Pennington, the Supreme Court held that attempts to influence the legislative process, even if prompted by an anticompetitive intent, are immune from antitrust liability.

Matovski v. Gonzales

Court of Appeals for the Sixth Circuit · Jun 15, 2007

After the Department of Labor earlier found there were insufficient qualified United States workers to perform the Nikolic work and the INS found Matovski was qualified for the position, the INS denied the petitioners’ Application … However, during the second stage of a removal proceeding, an alien who is an applicant for admission maintains the burden of establishing that he or she is “clearly and beyond doubt entitled to be admitted and is not inadmissible