Case law

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  • Goanna M. DROMBETTA, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

    845 F.2d 607 · Court of Appeals for the Sixth Circuit · Oct 21, 1987

    To qualify for this exception she must have been receiving one-half of her support from the deceased insured at the time of his death. … The second and third sets were based on appellant’s documented earnings of $5,594.40 and the established 1971 earnings of her husband of $5,711.71.

    Cited 8 timesPublished
  • United States v. Randall Burchard

    Court of Appeals for the Sixth Circuit · Sep 2, 2009

    Under Ocegueda, this evidence establishes that Purdy’s drug use was sufficiently consistent, ‘prolonged,’ and close in time to his gun possession to put him on notice that he qualified as an unlawful … Thus, these cases provide no help in establishing a minimum level of proof required.

    Cited 0 timesPublished
  • Becky Cooper v. Life Insurance Company of North America, Ace Ina Long Term Disability Plan, and Ace Ina Holdings, Inc.

    486 F.3d 157 · Court of Appeals for the Sixth Circuit · May 16, 2007

    Unlike in Elliott , we find no need to remand this matter for additional consideration by LINA because of our conclusion that Cooper has clearly established that she is disabled under the Plan. See Kalish v. Liberty Mut. … But, as set forth in Part I. above, the record in the present case clearly establishes that Drs. Boehm, Brown, and Ford, three of Cooper’s treating physicians, based their opinions on objective medical evidence.

    Cited 120 timesPublished
  • Moore v. Detroit School Reform Board

    293 F.3d 352 · Court of Appeals for the Sixth Circuit · Aug 9, 2002

    Five years after the appointment of a school reform board, the citizens of a qualifying school district are able to vote to determine whether to retain the reform board, the CEO, and the structure established by the MSRA. … ... at the time of enactment of [the MSRA] or that may hereafter become a qualifying school district." 2000 Mich.

    Cited 1 timesPublished
  • Kenneth Mantell v. Health Professionals Ltd.

    612 F. App'x 302 · Court of Appeals for the Sixth Circuit · May 12, 2015

    In the absence of any constitutional violation, the district court did not need to further consider Defendants’ claim of qualified immunity, nor do we. See Ashcroft v. al-Kidd, 131 S. … Fitzgerald, 457 U.S. 800, 818 (1982)) (holding that an official sued under § 1983 is entitled to qualified immunity unless it is shown that the official violated a statutory or constitutional right that was clearly established

    Cited 12 timesUnpublished
  • Shirley Johnson, as Legal Guardian of Michael Gilfeather, an Incapacitated Adult v. Manitowoc Boom Trucks, Inc.

    484 F.3d 426 · Court of Appeals for the Sixth Circuit · Apr 30, 2007

    The magistrate judge found that Friend’s proposed testimony was “clearly relevant,” and neither party disputes this finding on appeal. The only contested issue is reliability. … Friend may well be a fine engineer, but he is clearly a generalist.

    Cited 112 timesPublished
  • United States of America, Plaintiff-Cross (90-3421) v. Robert A. Williams, (90-3239), Althea Anderson, (90-3305), Defendant-Cross

    940 F.2d 176 · Court of Appeals for the Sixth Circuit · Jul 29, 1991

    The court stated that the evidence clearly established that Anderson was less culpable than Williams, and that Anderson played a minor role in the offense within the meaning of § 3B1.2(b). … To qualify for this reduction, the defendant bears the burden of showing by a preponderance of the evidence that he or she has accepted responsibility for the crime committed. United States v.

    Cited 148 timesPublished
  • Appalachian Regional Healthcare, Inc. v. United Steelworkers of America, Afl-Cio-Clc, Local 14398, and United Steelworkers of America

    245 F.3d 601 · Court of Appeals for the Sixth Circuit · Mar 29, 2001

    The arbitrator, in fact, clearly acknowledged that he could not add to, subtract from, or modify the agreement. … Indeed, additional articles of the CBA establish that the hospital does not have the unfettered right to hire or fire its employees.

    Cited 20 timesPublished
  • Wesco Ins. Co. v. Roderick Linton Belfance, LLP

    39 F.4th 326 · Court of Appeals for the Sixth Circuit · Jul 1, 2022

    Likewise, the Court has describe Rule 11 as establishing a “sanction regime[]” for litigation misconduct. Goodyear, 137 S. Ct. at 1186 n.5; see also Jones, Foster, Johnston & Stubbs, P.A. v. … The allegations thus do not trigger a duty to defend because they fall “clearly and indisputably outside” Wesco’s policy. Ward, 951 N.E.2d at 773–74; Cincinnati Indem. Co. v.

    Cited 17 timesPublished
  • United States v. Willie Watkins

    179 F.3d 489 · Court of Appeals for the Sixth Circuit · Jun 10, 1999

    The government argues that, although defendant apparently suffered from a depressive disorder (as indicated in the Forensic Medical Center report), that would not qualify him for a downward adjustment in the sentence based … As you read on you clearly see who was the mastermind behind this whole operation. ...

    Cited 66 timesPublished
  • Betty ROUSH, Plaintiff-Appellee, v. KFC NATIONAL MANAGEMENT COMPANY, Defendant-Appellant

    10 F.3d 392 · Court of Appeals for the Sixth Circuit · Jan 27, 1994

    Using these criteria, a plaintiff can establish a prima facie case by demonstrating that (1) she was a member of a protected class; (2) she was discharged; (3) she was qualified for the position; and (4) she was replaced … If the jury’s award did not include front pay, then it was simply clearly excessive even using the figures supplied in Roush's own evidence.

    Cited 132 timesPublished
  • United States v. Keith

    559 F.3d 499 · Court of Appeals for the Sixth Circuit · Mar 18, 2009

    They were not surveilling Big Daddy’s in particular, but the officers could see the store clearly. … immunity.

    Cited 32 timesPublished
  • Memphis A. Philip Randolph Inst. v. Tre Hargett

    Court of Appeals for the Sixth Circuit · Oct 15, 2020

    Page 10 Here, the plaintiffs have clearly not demonstrated that they face an actual, concrete, particularized, and imminent threat of harm. … Mohammed was qualified to offer that opinion, even though Plaintiffs’ standing argument does not depend on it.

    Cited 0 timesPublished
  • United States v. Montez Hall

    Court of Appeals for the Sixth Circuit · Jun 25, 2026

    We ask whether the district court “relie[d] on clearly erroneous findings of fact, use[d] an erroneous legal standard, or improperly applie[d] the law.” United States v. … Third, prisoners whose imprisonment seriously endangers another person—a dependent—can qualify for release. See id. § 1B1.13(b)(3). And fourth, a prisoner who has been severely abused by custodial staff can qualify.

    Cited 0 timesPublished
  • Leonid Petkiewytsch v. Immigration and Naturalization Service

    945 F.2d 871 · Court of Appeals for the Sixth Circuit · Sep 30, 1991

    While German nationals were not immune from labor education camp imprisonment for genuine labor violations, the record clearly demonstrates that the “infractions” resulting in labor education camp imprisonment were predominantly … Nevertheless, his personal participation in the persecution of civilians was clearly established.

    Disagreed with by Szehinskyj v. Attorney General of the United States, 432 F.3d 253 (2005)Cited 20 timesPublished
  • Skalka v. Fernald Environmental Restoration Management Corp.

    178 F.3d 414 · Court of Appeals for the Sixth Circuit · May 19, 1999

    We do not suggest that a plaintiff cannot establish age discrimination when only one of several older employees is treated differently from younger employees. … In addition, Skglka’s discharge involved a dramatic departure from established company procedures and was therefore highly “visible” to top management.

    Cited 7 timesPublished
  • United States v. Vito Giacalone (87-1924), Mario Agosta (87-1931), Albert Hady (87-1932), Jack v. Giacalone (87-1933), Anthony D. Giacalone (87-1934)

    853 F.2d 470 · Court of Appeals for the Sixth Circuit · Aug 5, 1988

    Agent Rossi stated in the affidavit that the informants were unwilling to testify even if they were granted immunity and placed in protective custody. … On appeal, defendants do not suggest that Judge Suhrheinrich’s factual finding with regard to Agent Rossi’s credibility is clearly erroneous.

    Cited 49 timesPublished
  • Joshua Reece v. William Carey

    Court of Appeals for the Sixth Circuit · Apr 19, 2023

    Bailey and Waits assert that they are entitled to qualified official immunity. … Even though Waits and Bailey are not entitled to qualified official immunity, Reece still must prove their negligence.

    Cited 0 timesUnpublished
  • Charles A. Perkins v. Robert Lecureux

    58 F.3d 214 · Court of Appeals for the Sixth Circuit · Jun 21, 1995

    Concerns with judicial immunity, comity, and independence would *221 thus arise regardless of the circumstances which might have brought the testimony of the trier of fact into court. … In any event, in view of the clearly established precedent cited above and the cogent policy reasons therefor, we hold that it was plain error to consider and rely upon the testimony of Del Rio as to his thought processes

    Cited 91 timesPublished
  • Benefits Committee of Saint-Gobain Corp. v. Key Trust Co. of Ohio, N.A.

    313 F.3d 919 · Court of Appeals for the Sixth Circuit · Dec 16, 2002

    Furon established the Furon ESOP on February 4, 1990. … A trust is established to hold the assets of the ESOP. 29 U.S.C. § 1103 (a).

    Cited 8 timesPublished

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