Case law

In Re Powerhouse Licensing, LLC

441 F.3d 467 · Court of Appeals for the Sixth Circuit · Mar 2, 2006

With this in mind, we have suggested that the district court employ a multi-faceted test in order to determine if the petition qualifies as suitably extraordinary: (1) The party seeking the writ has no other adequate … The district court’s order was not “clearly erroneous as a matter of law.” Bendectin, 749 F.2d at 304.

Railway Exp. Agency, Inc. v. Clark

194 F.2d 29 · Court of Appeals for the Sixth Circuit · Feb 5, 1952

If that failed to establish the condition, Dr. Kasselberg’s evidence fails completely. … Neither qualified as a specialist but both testified that the death might have been caused accidentally.

Michael G. Brosmore v. City of Covington, Donald Brown

991 F.2d 794 · Court of Appeals for the Sixth Circuit · Mar 26, 1993

immunity. … immunity, we VACATE the district court's denial of qualified immunity to Chief Brown and REMAND for proceedings consistent with this opinion.

S.H.A.R.K. v. Metro Parks Serving

Court of Appeals for the Sixth Circuit · Aug 24, 2007

Although the Supreme Court has established general principles with respect to access claims, what is missing from these cases is a clearly defined framework in which to analyze these claims.2 We find D’Amario, 639 F. … We conclude that neither DeNicola or White Buffalo qualify as state actors under any of the state-action formulations.

Wayne Jaggers v. City of Alexandria Alexandria

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

Under the collateral-order doctrine, however, an “order denying a motion to dismiss a complaint against a[n] . . . official when the dismissal motion is based on the official’s assertion of absolute or qualified immunity … Therefore, the burden rests on the Council Members “to establish the existence of absolute legislative immunity.” Canary v. Osborn, 211 F.3d 324, 328 (6th Cir. 2000).

Directory Sales Management Corporation v. Ohio Bell Telephone Company American Information Technologies Corporation and Ameritech Publishing, Inc.

833 F.2d 606 · Court of Appeals for the Sixth Circuit · Nov 18, 1987

The PSC, which is a contract between Ohio Bell and API, both subsidiaries of Ameritech, did not qualify because under Copperweld Corp. v. … We agree with the District Court that it probably does not qualify as a contract, combination or conspiracy for the purposes of section 1.

prod.liab.rep. (Cch) P 14,908 Alexander MacDonald (95-6028/6286) v. General Motors Corporation, Defendant-Appellee/cross-Appellant (95-6030/6287)

110 F.3d 337 · Court of Appeals for the Sixth Circuit · Apr 3, 1997

I would hold that the federal standards on brake performance were clearly met by the defendant, and that plaintiffs failed to meet or establish proof sufficient to overcome General Motors’ showing. … One wonders where he would *351 have established domicile after graduation from the University of Kansas.

Edward J. Brennan v. Beverly Griffeth Robert A. Mossing, U.S. Government

803 F.2d 718 · Court of Appeals for the Sixth Circuit · Sep 23, 1986

Even if the individual defendants are not entitled to absolute quasi-judicial immunity, the district court was correct to hold that they are entitled to a qualified immunity in this case because their actions did not violate … any clearly established statutory or constitutional right of which a reasonable person would have known.

Sall v. Gonzales

239 F. App'x 975 · Court of Appeals for the Sixth Circuit · Aug 31, 2007

The BIA then concluded that the IJ’s adverse credibility finding was not clearly erroneous, citing as support Sail’s vague testimony regarding his farm in Mauritania, his unfamiliarity with pertinent agricultural terminology … An asylum application must be denied, however, where the preponderance of the evidence establishes that “[t]here has been a fundamental change in circumstances such that the applicant no longer has a well-founded fear of

Moore v. Detroit School Reform Board

293 F.3d 352 · Court of Appeals for the Sixth Circuit · Jun 12, 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. … Sailors clearly negates the existence of any such right.

In the Matter of Winshall Settlor's Trust, Julie Winshall, Trustee, Debtor-Appellant

758 F.2d 1136 · Court of Appeals for the Sixth Circuit · Apr 5, 1985

After denial of the Trust’s motion for rehearing, appeal was taken to the District Court, which found that the Trust was a qualified debtor under § 109(d), but upheld the dismissal on the ground that Chapter 11 was not intended … It again establishes what an imaginative lawyer can do when he adds persuasion." 647 F.2d at 550 (Clark, J., dissenting).

Mitchel Albin v. David W. Suetholz

Court of Appeals for the Sixth Circuit · Aug 19, 2022

Qualified immunity protects government officials from liability if their actions did not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Chappell v. … To determine whether the defendants were entitled to qualified immunity, we perform a two-part inquiry. Pearson v. Callahan, 555 U.S. 223, 232 (2009).

Jay Pemberton v. Bell's Brewery, Inc.

Court of Appeals for the Sixth Circuit · Sep 4, 2025

Just as in Kindred, the top of the first page of Pemberton’s Inquiry Questionnaire clearly states, “This Questionnaire is not a Charge of Discrimination.” R. 80-1, Inquiry Questionnaire, PageID 918. … Pemberton cannot establish a prima facie case for retaliation.

Washington v. Starke

791 F.2d 936 · Court of Appeals for the Sixth Circuit · Apr 4, 1986

Clearly, the first requirement of Cohen is satisfied in that the district court granted defendants' motion for summary judgment on plaintiff's Sec. 1983 claim based on the ground of qualified immunity. See Mitchell v. … Without expressly deciding the retroactivity question, the court decided the qualified immunity issue.

Sherry Laake v. Benefits Committee W&S Fin. Grp.

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

It then qualifies “Pain Disorder” as “Chronic” or “Acute” to specify the duration of the pain. … of which are ‘instruments under which the plan is established or operated’ per § 1024(b)(4).”

Heheman v. E. W. Scripps Co.

661 F.2d 1115 · Court of Appeals for the Sixth Circuit · Oct 23, 1981

Technological advancement seems clearly to be a factual and proximate cause of the harm plaintiffs have suffered. … Scripps has submitted nothing that would establish the contrary.

New York Trust Co. v. Carpenter

250 F. 668 · Court of Appeals for the Sixth Circuit · May 7, 1918

the Second Circuit, when announcing the exception, had in mind, by the use of the words under discussion, any meaning different from the interpretation they seem to us to bear, and we cannot accept the exception unless qualified … On the contrary, we think the allowance of these bonds as a debt against the Wheeling would be clearly an injustice to it.

67 Fair empl.prac.cas. (Bna) 289, 66 Empl. Prac. Dec. P 43,492 Ronald H. Howlett Graves B. Ivey Siegfried K. Konetzny Jeffrey E. McLaughlin Homayoon Meshginpoosh Terry Phillips Edward Rinckel Frederick C. Roozen Christopher R. Ryan Rene H. Schiegg and Fred Wright, Gordon McNeely v. Holiday Inns, Inc.

49 F.3d 189 · Court of Appeals for the Sixth Circuit · May 9, 1995

If a state has "a law prohibiting discrimination in employment because of age and establishing or authorizing a State authority to grant or seek relief from such discriminatory practice," it is known as a "deferral state. … Aug. 2, 1990), but that opinion would, in my judgment, clearly support the district court's conclusion here

Michael Everett Cox v. Wallace Wilkinson John Wigginton John Runda Shirley Sharp Steve Smith

966 F.2d 1451 · Court of Appeals for the Sixth Circuit · Jun 12, 1992

966 F.2d 1451 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited … Defendants in this case were entitled to qualified immunity because Cox did not show that the lack of a revocation hearing in 1981 denied him a clearly established right. See Harlow v.

Willie Mae Gist v. Secretary of Health and Human Services

736 F.2d 352 · Court of Appeals for the Sixth Circuit · Aug 13, 1984

The ALJ found that Gist did not meet either the *354 state or federal definition of disability. 3 Specifically, the AU found that Gist “is not precluded from engaging in useful occupations she is otherwise qualified to perform … Although this regulation does not clearly establish a standard for termination, the notice which accompanied its promulgation does: At one time we would not find that disability or blindness had stopped unless the medical