Case law
Opinions from 1658 to today.
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National Home for Disabled Volunteer Soldiers v. Parrish
194 F. 940 · Court of Appeals for the Sixth Circuit · Apr 2, 1912
The contract on which recovery has been had was clearly within the statutory authority given the Home. … Had Congress intended the claimed immunity, it would seem natural % to have so declared.
Cited 1 timesPublishedUnited States v. Mario Washington
702 F.3d 886 · Court of Appeals for the Sixth Circuit · Dec 26, 2012
The Government clearly produced evidence sufficient to establish that Jones intended to cause serious bodily harm to Lipford. … Therefore, “establishing the elements of the crime” does not require establishing dishonesty or false statement.
Cited 48 timesPublished224 F.3d 511 · Court of Appeals for the Sixth Circuit · Aug 1, 2000
Those cases established that 11 U.S.C. § 104 (a)(2) (repealed 1978), the predecessor of section 507(a)(4), did not grant priority to claims for unpaid employer contributions to union-operated welfare and annuity funds. … A characteristic common to both uses is that the “contributions” clearly come from more than one source. The primary definition of the term “contribute” expressly notes giving “along with others.” Id.
Cited 12 timesPublishedGlenn Whiting v. City of Athens, Tenn.
Court of Appeals for the Sixth Circuit · Mar 13, 2026
The case had nothing to do with legislative immunity. … But again, Lindke was not about legislative immunity. See Lindke, 37 F.4th at 1202.
Cited 0 timesPublished2 F.2d 194 · Court of Appeals for the Sixth Circuit · Nov 11, 1924
It establishes priority, which is limited to the particular state of things specified. … Judicial opinion as well as legislation is examining anew the proper privileges and immunities to be aceorded the sovereign state, and in eases not clearly covered by statute or decision the correct solution is not to be
Cited 5 timesPublishedCourt of Appeals for the Sixth Circuit · Jun 20, 2007
To do so, a plaintiff must establish each of the following five elements: (1) that he is disabled, (2) that he is otherwise qualified for the job, with or without reasonable accommodation, (3) that he suffered an adverse … Finally, the USPS argues that Jones cannot establish that his dismissal occurred solely by reason of his disability.
Cited 0 timesPublishedN.A.A.C.P. v. City of Mansfield
866 F.2d 162 · Court of Appeals for the Sixth Circuit · Jan 18, 1989
In sum, the district court’s factual finding cannot be said to be clearly erroneous. “Where there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous.” Anderson v. … In their cross-appeal, defendants challenge the court’s findings as clearly erroneous.
Cited 41 timesPublishedUnited States v. William L. Harris (03-6207) Tarvis Holmes (03-6255)
397 F.3d 404 · Court of Appeals for the Sixth Circuit · Feb 8, 2005
This subsection presents particular problems, 4 be *411 cause Booker teaches that there is no Sixth Amendment violation when a sentencing judge exercises genuine discretion within a clearly defined statutory range. … Booker clearly applies to judicial fact-determinations under the (formerly mandatory) Guidelines, but the Booker Court did not address whether it applies to fact determinations under (still mandatory) statutory provisions
Cited 61 timesPublished243 F.3d 255 · Court of Appeals for the Sixth Circuit · Mar 13, 2001
Passenger Corp., 19 F.Supp.2d 835 (N.D.Il.1998) (holding that the ergonomist experts were qualified to testify as experts regarding causal connection between occupational risk factors and employee’s CTS but that their proffered … Clearly, the evidence presented in McIn *267 tosh is in stark contrast to the evidence presented in the present case. We recognize that an abuse of discretion standard of review is highly deferential.
Cited 158 timesPublishedMargaret Mullendore v. City of Belding, Mich.
Court of Appeals for the Sixth Circuit · Sep 15, 2017
We find that the evidence clearly demonstrates that she was terminated in this way because she was not at the meeting and the City Council could therefore fire her without having to face her. … She argues that her January 6 memo put the City Council on notice that she would be taking an FMLA-qualifying leave.
Cited 0 timesPublished977 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.
Cited 1 timesUnpublished148 F.3d 577 · Court of Appeals for the Sixth Circuit · Jul 9, 1998
Sumpter later established a buyer in New York, and in September 1993, Free transported 250 pounds of marijuana from California to New York. … Free initially qualified for an offense level 32, triggering the statutory mandatory minimum sentence of life imprisonment.
Cited 127 timesPublishedFluor Constructors, Inc. v. Occupational Safety and Health Review Commission and Secretary of Labor
861 F.2d 936 · Court of Appeals for the Sixth Circuit · Nov 16, 1988
Section 1926.451(i)(4) clearly requires the use of a “lifeline.” … We agree with Fluor that its past use of lifelines which complied with the OSHA requirement does not establish Fluor’s knowledge that this was the only means by which it could satisfy the regulation.
Cited 25 timesPublishedPontiac School Dist v. Sec'y US Dept Ed
Court of Appeals for the Sixth Circuit · Oct 16, 2009
But this theory does not necessarily establish a redressable injury. … The other three enumerated factors clearly weigh in favor of dismissal.
Cited 0 timesPublishedFannie Ball (02-6289) Stephen Heiser (02-6311) v. Union Carbide Corp.
376 F.3d 554 · Court of Appeals for the Sixth Circuit · Jul 15, 2004
In that event, a plaintiff must clearly plead that the injury occurred within the statute of limitations period. Plaintiffs here face a formidable statute of limitations hurdle. … Because we affirm the dismissal of the claims in Ball on the merits, we need not determine whether the claims are also barred by sovereign immunity.
Cited 2 timesPublished567 F.2d 661 · Court of Appeals for the Sixth Circuit · Dec 6, 1977
Without question, Ford’s Monroe plant is a “point source,” as defined in Section 502(14) of the Act, 33 U.S.C. § 1362 (14), and is thus not within the qualified exception recognized in the Conference Committee Report. … Because the water quality standards thus do not immunize the otherwise-unlawful discharge, Section 301(a) of the Act, 33 U.S.C. § 1311 (a), applies to forbid the discharge.
Cited 23 timesPublished719 F.2d 815 · Court of Appeals for the Sixth Circuit · Sep 28, 1983
The government obtained Ham’s testimony offering him immunity from federal prosecution and civil tax liability, and the state agreed not to prosecute Ham. … A study of the voir dire indicates clearly that each juror’s qualifications as to impartiality far exceeded the minimum standards this Court established in its earlier cases as well as in Irvin v.
Cited 44 timesPublishedKarl A. Schledwitz v. United States
169 F.3d 1003 · Court of Appeals for the Sixth Circuit · Mar 3, 1999
That one has borrowed more than he or she can repay does not, in itself, establish mail fraud-nor any other crime for that matter. Intent is a requisite of mail fraud. … The government protests that Horne was never qualified as an expert.
Cited 61 timesPublishedCurtis Harris v. Patricia Caruso
465 F. App'x 481 · Court of Appeals for the Sixth Circuit · Feb 29, 2012
Because Harris could not establish a constitutional claim, the court held that the defendants were entitled to qualified immunity. Harris timely appealed. II. … However, in the qualified-immunity context, “[o]nly after the court inquires into whether any facts material to Plaintiff’s claims are genuinely at issue, and only upon a finding that material facts are in fact in dispute
Cited 198 timesUnpublishedMiddleton v. City of Flint, Michigan
92 F.3d 396 · Court of Appeals for the Sixth Circuit · Oct 28, 1996
The court concluded that, although the police department had clearly discriminated in its hiring policies and practices prior to 1973, 9 [s]ince that time, it is also apparent that the City has attempted to remedy many of … Charlotte-Mecklenburg Bd. of Educ., 402 U.S. 1, 6 , 91 S.Ct. 1267, 1271 , 28 L.Ed.2d 554 (1971)), our review clearly indicates that the fact pattern in Paradise does not prevail in this case. 39 In this appeal, the Flint
Cited 5 timesPublished
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