Case law

Jena McClellan v. Midwest Machining, Inc.

900 F.3d 297 · Court of Appeals for the Sixth Circuit · Aug 16, 2018

Texas , 507 U.S. 529 , 534, 113 S.Ct. 1631 , 123 L.Ed.2d 245 (1993) ("Statutes which invade the common law ... are to be read with a presumption favoring the retention of long-established and familiar principles." … Yousuf , 560 U.S. 305 , 311-13, 130 S.Ct. 2278 , 176 L.Ed.2d 1047 (2010) (common law history of sovereign immunity).

American Canoe Association, Incorporated Sierra Club v. City of Louisa Water & Sewer Commission Louisa Water Treatment Plant City of Louisa, Kentucky

389 F.3d 536 · Court of Appeals for the Sixth Circuit · Nov 1, 2004

As the Supreme Court has held: “There is no question that an association may have standing in its own right to seek judicial relief from injury to itself and to vindicate whatever rights and immunities the association itself … Moreover, their ability to propose legislation and to bring litigation based upon the information collected by the defendants is clearly hampered.

Shisler v. United States

199 F.3d 848 · Court of Appeals for the Sixth Circuit · Dec 28, 1999

The court stated that the twenty-day limitation period of section 7609(b)(2)(A) was a jurisdictional limitation which served as a conditional waiver of the United States’ sovereign immunity. … Without citing any authority, petitioners contend that a postal service date stamp and the declaration of the person who actually mailed the notices is required in order to establish the dates *851 on which the notices were

United States v. Chris Jermaine Allen (96-6635) Corey Antoine Murray (96-6676) Jason Edward Webb (96-6677) Jeffery Ramone Buckley (96-6679)

160 F.3d 1096 · Court of Appeals for the Sixth Circuit · Nov 19, 1998

Appellant has failed to establish his prima facie case. … Kaplan, 554 F.2d 958, 965 (9th Cir.1977), where the court clearly informed the defendant that any attempt to seek severance would be "useless.”).

Cundiff v. Popplewell

99 F.3d 1138 · Court of Appeals for the Sixth Circuit · Oct 15, 1996

99 F.3d 1138 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished … The district court found, essentially, that defendants Popplewell, Mann, Dooley, and the Bullitt County magistrates were entitled to qualified immunity in connection with the plaintiff's arrest on marijuana charges; that

William Spithaler v. Randy Smith

Court of Appeals for the Sixth Circuit · Feb 7, 2020

In his personal capacity, Smith may seek the cover of qualified immunity. See Lane v. Franks, 573 U.S. 228, 243–46 (2014). … In his official capacity, by contrast, Smith lacks this qualified-immunity cover. See Lane, 573 U.S. at 246.

Federal Trade Commission v. E.M.A. Nationwide, Inc.

767 F.3d 611 · Court of Appeals for the Sixth Circuit · Sep 8, 2014

Another consumer stated that he received a call from a First United representative claiming that he “qualified for a new program that President Obama signed a week earlier. … The third factor regarding the plaintiff’s interests clearly weighs in favor of denying the motion.

Sean Michael Flaim v. Medical College of Ohio

418 F.3d 629 · Court of Appeals for the Sixth Circuit · Aug 17, 2005

We have already clearly noted that Flaim has a significant interest in receiving adequate notice of the charges against him. … Here, given the *644 highly exaggerated nature of Flaim’s initial complaint, and the fact that Medical College of Ohio filed a Rule 12(b)(6) responsive motion that, among other things, raised the defense of qualified immunity

Richard R. Muse, Patsy S. Adams v. International Business MacHines Corporation

103 F.3d 490 · Court of Appeals for the Sixth Circuit · Dec 26, 1996

IBM extended the VTP/LOA to all IBM employees who were within five years of retirement eligibility and otherwise qualified for the VTP-l and VTP-2 programs. … In order to establish that IBM was subject to a fiduciary duty under ERISA, plaintiffs must establish that IBM seriously considered offering an enhanced benefit plan during the relevant period.

United States Steel Corporation v. Lamp

436 F.2d 1256 · Court of Appeals for the Sixth Circuit · Dec 23, 1970

Accordingly, we are here required to affirm the District Court unless we conclude its finding to have been 'clearly erroneous' under the definition provided by the Supreme Court: 7 'A finding is 'clearly erroneous' when although … Where the plaintiff consults a doctor solely to qualify him to testify in his behalf at trial, any statements made to the doctor must be highly suspect as a basis for a diagnosis.

United States v. Sidney Marvin Bilsky, Robert Clyde Lovell, Joyce Elaine Lovell, Sidney Marvin Bilsky, Robert Clyde Lovell and Joyce Elaine Lovell v. United States District Court Western District of Tennessee at Memphis

664 F.2d 613 · Court of Appeals for the Sixth Circuit · Nov 24, 1981

Quite clearly there is no relation back. … In finding appellate jurisdiction the court reasoned that the doctrine of absolute immunity protected right similar to those insulated by the double jeopardy clause insofar as the purpose of the absolute immunity doctrine

Mike Partin v. Floyd Davis

675 F. App'x 575 · Court of Appeals for the Sixth Circuit · Jan 13, 2017

They argue that such statements qualify as “false threats” and “intimidation.” … Ct. 1235, 1244–1251 (2012) (concluding that officers’ reliance on a facially valid warrant entitled them to qualified immunity despite a claim that they lacked probable cause for the search); Voyticky v.

Derry Lovins v. Tony Parker

712 F.3d 283 · Court of Appeals for the Sixth Circuit · Mar 28, 2013

“[N]either abrogates or qualifies the other.” Id. … Like Blakely, Griffith was clearly established federal law at the time of the decision by the Court of Criminal Appeals.

United States v. Leonard Ray Blanton (81-5644), Clyde Edward Hood, Jr. (81-5645), James M. Allen (81-5643)

700 F.2d 298 · Court of Appeals for the Sixth Circuit · Apr 7, 1983

The court in Johnson found the voir dire adequate because the defense had failed to establish a foundation for inquiry into recollection of prejudicial matter. Id. at 156 . … That appeal stemmed from the revocation of Ham’s immunity during the course of the trial. The government revoked Ham’s immunity after concluding that Ham lied when he denied skimming profits.

Granader v. Public Banks

417 F.2d 75 · Court of Appeals for the Sixth Circuit · Oct 15, 1969

“In addition to these facts, several other points clearly reflect that the immediate sale by the receiver in accordance with the terms of the FDIC-Commonwealth Agreement B was clearly justified. … Such alternative was clearly less desirable than a sale to Commonwealth.

Grutter v. Bollinger

188 F.3d 394 · Court of Appeals for the Sixth Circuit · Aug 10, 1999

The intervenors claim that the resolution of this case directly threatens the access of qualified African-American and Latino/a students to public higher education and that the University will not adequately represent their … For example, in Miller, where the defendants -included the Secretary of State and the Attorney General, this court clearly stated that the proposed interve-nors were required only to show that the representation might be

Parrett v. Southeastern Boll Weevil Eradication Foundation, Inc.

155 F. App'x 188 · Court of Appeals for the Sixth Circuit · Nov 15, 2005

Given that Southeastern is clearly not entitled to sovereign immunity, as discussed below, we find it unnecessary to settle the question of what test for sovereign immunity should apply in this Circuit. … This level of federal funding, though not insignificant, does not establish that Southeastern is an arm of the federal government.

Utility Workers Union v. Consumers Power Co.

637 F.2d 1082 · Court of Appeals for the Sixth Circuit · Jan 6, 1981

In establishing standards for qualified pension trusts in the Internal Revenue Code, 26 U.S.C. § 401 (a)(15)(A), Congress provided that, A trust shall not constitute a qualified trust under this section unless under the plan … In this regulation, the Treasury Department stated that “the total benefits resulting under [a qualified pension] plan and under such [federal or state] law [must] establish an integrated and correlated retirement system

In Re Century Offshore Management Corporation, Debtor. United States of America v. Century Offshore Management Corporation

111 F.3d 443 · Court of Appeals for the Sixth Circuit · Jul 23, 1997

Such an advance payment for future gas, it concludes, would be analogous to an installment payment and clearly linked to the value of production under the statute. … Thus, we decline to advance the fiction that some portion of this payment is clearly allocable to one purpose, and the remainder allocable to another purpose.

Donald Allen Kiger v. United States

281 F.2d 551 · Court of Appeals for the Sixth Circuit · Jul 20, 1960

Notwithstanding the elapsed time between the date of the robbery and the taking of the pictures, their relevancy on the question of the appearance of his face as of the date of the robbery was established by his statement … The record shows that some nine witnesses clearly identified the defendant as the bank robber.