Case law

United States v. Jonathon Chase Vowels-Harper

Court of Appeals for the Sixth Circuit · Nov 25, 2025

See Cover, 800 F.3d at 281 (distinguishing prior cases that involved a “clearly prepubescent” victim). We decline to create such an anomaly in our doctrine. … Doe’s age places this case at the borderline to automatically qualify for a two-level enhancement.

Pettigrew v. Bass

977 F.2d 582 · Court of Appeals for the Sixth Circuit · Sep 29, 1992

ORDER 1 This pro se Tennessee prisoner appeals the district court's summary judgment granting qualified immunity to the defendant-appellee in this civil rights action filed under 42 U.S.C. § 1983 . … Because it was not shown that Bass was plainly incompetent or that he knowingly violated the law, he is entitled to qualified immunity. See Hunter v.

Branham v. Gannett Satellite Information Network, Inc.

619 F.3d 563 · Court of Appeals for the Sixth Circuit · Sep 2, 2010

The issue is whether the Seefeldt visit qualifies as a “treatment . . . by a health care provider” under 29 C.F.R. § 825.114(a)(2)(i) (2006). … Singer and Nurse Practitioner Seefeldt, both qualified health care No. 09-6149 Branham v.

Sharon Lee Wright v. United States

717 F.2d 254 · Court of Appeals for the Sixth Circuit · Sep 13, 1983

Pursuant to a national swine flu immunization program, plaintiff voluntarily received a swine flu shot during normal working hours. … Under the circumstances of the present case, the decision to treat established the doctor-patient relationship. After the doctor-patient relationship was established, Wright was injured by negligent medical care.

National Labor Relations Board v. Tri-County Manufacturing & Assembly, Inc.

76 F. App'x 1 · Court of Appeals for the Sixth Circuit · Jul 15, 2003

Additionally, the Company’s position that Moore was not engaging in concerted activity because he was not clearly associated with the Union is unavailing. … Similarly, this Court has previously held that, in the context of a struggle to organize a union, even “the most repulsive speech enjoys immunity provided it falls short of a deliberate or reckless untruth, so long as the

GTE North Inc v. Strand

Court of Appeals for the Sixth Circuit · Apr 20, 2000

cannot legitimately be construed as a valid waiver of sovereign immunity. § 252(e)(6) (1996). If a state commission fails to approve or The Supreme Court’s recent decisions in College Savings Bank v. … against the agreement resulted from voluntary negotiation or state utility commissions because such commissions constructively waive mediation – the Federal Communications Commission (FCC) their immunity

Charles Fox v. Amazon.com, Inc.

930 F.3d 415 · Court of Appeals for the Sixth Circuit · Jul 5, 2019

In this case, Defendant is clearly the entity “most likely to compensate” Plaintiffs for their injuries. See Owens, 915 S.W.2d at 432. … Section 323 states: 6Accordingly, we need not decide whether the Communications Decency Act, 47 U.S.C § 230, grants Defendant immunity from Plaintiffs’ TPLA claim.

Bristol Reg'l Women's Center v. Herbert Slatery, III

7 F.4th 478 · Court of Appeals for the Sixth Circuit · Aug 5, 2021

Even an unexpected $50 expense can cause women that qualify as low income to forgo food. Id. at 244 (Page ID #5036). … The evidence, however, established “that post-abortion regret is uncommon.” Adams & Boyle, 494 F. Supp. 3d at 525, 561–62.

Auto-Owners Insurance v. Redland Insurance

549 F.3d 1043 · Court of Appeals for the Sixth Circuit · Dec 15, 2008

In addition to the general rule that ambiguous policy provisions must be construed against the insurer, Ohio law requires us to interpret exclusions “as applying only to that which is clearly intended to be excluded.” … But to establish a relevant ambiguity, a litigant must put forward a “plausible” competing interpretation of the phrase, see Zimhelt v. Mich. Consol.

Daniel Rudd v. City of Norton Shores

Court of Appeals for the Sixth Circuit · Jun 8, 2023

But the court also found that the existing caselaw did not clearly establish the illegality of the cease-and- desist letter. Id. at *17–18. … The court thus held that Hughes was entitled to qualified immunity (and that Nelund would be entitled to that immunity even if he had participated in sending the letter). Id.

Kiser v. Bryant Electric

695 F.2d 207 · Court of Appeals for the Sixth Circuit · Jul 21, 1982

For example, the credibility of White, who defendants claim was induced to change his original story, was clearly at issue. … As the judge noted, section 413.135 creates immunities.

Commissioner of Internal Revenue v. Hart

76 F.2d 864 · Court of Appeals for the Sixth Circuit · Apr 9, 1935

Even the qualifying phrase “as joint tenants,” while sufficient to create a joint tenancy in a conveyance to grantees generally, does not avoid the creation of an estate by the entirety when the grantees stand in the marital … Regardless of what may have been said in some of the earlier decisions of the Michigan Supreme Court, it is now established law that in the *866 absence of statutory provisions to the contrary, a right of survivorship may

Thurman v. Pfizer Inc

Court of Appeals for the Sixth Circuit · May 8, 2007

The Supreme Court has explained that Congress used language that was “deliberately expansive, and designed to ‘establish pension plan regulation as exclusively a federal concern.’” Pilot Life Ins. Co. v. … Similarly, here, Thurman left his former job based on the promise that he would qualify for certain benefits under Pfizer’s pension plan.

Armco, Inc. v. Interstate Commerce Commission

669 F.2d 417 · Court of Appeals for the Sixth Circuit · Feb 1, 1982

Armco fails to establish why the ICC's reading of such clear language should be rejected. … Even if the record were clearly to establish such a practice-which it does not-the 1973 record-keeping requirements can only be understood to require some degree of corroboration between in- and out-bound rail traffic seeking

United States v. John J. Marra

481 F.2d 1196 · Court of Appeals for the Sixth Circuit · Jul 24, 1973

The District Judge’s recited reasons for his ruling are so clearly correct that we need not support them with our own dissertation. At trial, Dr. … Whether the lower court erred in denying the Defendant’s motion to suppress evidence when the facts upon which the decision was based clearly established that the Defendant had been misled by the Revenue Agent into believing

LULAC v. Bredesen

Court of Appeals for the Sixth Circuit · Aug 28, 2007

As an initial matter, equal protection is not one of those substantive areas of the law where, as in the case of qualified immunity under 42 U.S.C. § 1983 or federal habeas corpus under AEDPA, the degree to which Supreme … Court precedent is “clearly established” determines the likelihood of relief.

E. B. Muller & Co. v. Federal Trade Commission

142 F.2d 511 · Court of Appeals for the Sixth Circuit · Apr 13, 1944

This trust was thereafter established with the Detroit Trust Company. … The Commission’s ac *517 countant is thoroughly qualified. He made revisions of his estimates at the trial in accordance with the testimony brought out by petitioners.

Judith Barrett v. Patricia Carter

Court of Appeals for the Sixth Circuit · Aug 12, 2020

Qualified immunity shields government officials from civil damages liability in a § 1983 suit like the one here unless they violated a statutory or constitutional right clearly established at the time of their alleged violation … “Once a defendant raises qualified immunity, ‘the burden is on the plaintiff to demonstrate that the official is not entitled to qualified immunity[.]’” Simmonds v.

Higgins v. United States

185 F. 710 · Court of Appeals for the Sixth Circuit · Feb 7, 1911

We will, however, treat the motion as if it were to direct a verdict because the evidence was not sufficient to establish defendant’s guilt beyond a reasonable doubt. … weight of their testimony, if indeed, it was not *715 better qualified to exercise that function, even though we were in like position.

United States v. Williams

640 F. App'x 492 · Court of Appeals for the Sixth Circuit · Feb 4, 2016

The district eourt thereafter determined that Defendant qualified as a “career offender” under U.S.S.G. § 4B1.1 and sentenced him to a below-Guidelines term of 217 months’ imprisonment. … We conclude that the record in this case does not establish “a reasonable probability that, but for the error, [Defendant] would have received a more favorable sentence.” Wilson, 614 F.3d at 223 (emphasis added).