Case law

United States v. Devante Glenn

Court of Appeals for the Sixth Circuit · Jul 28, 2025

messages were ambiguous, and although the other evidence demonstrated that Glenn was in the same vicinity as Ducatman on the night before her death and that Ducatman died from a carfentanil overdose, it did not conclusively establish … Clearly, Ducatman had lost something—“it.” Clearly, she was suffering from drug withdrawals. And clearly, she was desperate for Glenn to return.

Brickner v. Voinovich

977 F.2d 235 · Court of Appeals for the Sixth Circuit · Oct 13, 1992

He clearly had notice of the situation. He had an opportunity to offer any arguments or material relating to the issue which he raised in his letter to the Attorney General. … The statute reads in pertinent part: 3301.031 Qualifications and salary of members Each member of the state board of education shall be a qualified elector residing in the territory composing the district from which he is

Clifton Jackson v. Sedgwick Claims Management Servs.

Court of Appeals for the Sixth Circuit · Sep 24, 2013

Dep’t of State Police, 491 U.S. 58, 64–65 (1989) (concluding 42 U.S.C. § 1983 does not speak in sufficiently clear terms to abrogate a state’s sovereign immunity); Atascadero State Hosp. v. … Such an approach is incompatible with RICO because it qualifies the term “property” without a basis to do so in the RICO statute.

Donald Phillips v. Shastine Tangilag, M.D.

14 F.4th 524 · Court of Appeals for the Sixth Circuit · Sep 17, 2021

He argues that its facts qualify for one of Kentucky’s two exceptions to the general expert-evidence requirement. … Page 23 this small amount of time were not compensable, the district court would not have clearly erred in finding that Dr.

Noble v. Brinker Intl

Court of Appeals for the Sixth Circuit · Dec 3, 2004

in support of the prima facie case “drops out of the picture,” with the result that a plaintiff is immune from judgment as a matter of law so long as there is sufficient evidence to warrant the jury’s rejection of the employer … Noble was fired, so the elements of his prima facie case were: (1) he is a member of a protected class, (2) he was qualified for his job and did it satisfactorily, (3) despite his qualifications and performance, he suffered

Simpson v. Jackson

615 F.3d 421 · Court of Appeals for the Sixth Circuit · Jul 13, 2010

Illinois, 372 U.S. 528 , 83 S.Ct. 917 , 9 L.Ed.2d 922 (1963), as clearly established Supreme Court law holding that threats and promises may combine to render a confession involuntary. … reviewed and interpreted the relevant Supreme court case law to determine whether a legal principle or right has been clearly established by the Supreme Court."

Lumbermens Mutual Casualty Co. v. S-W Industries, Inc.

39 F.3d 1324 · Court of Appeals for the Sixth Circuit · Oct 25, 1994

Here, the broad coverage provisions in S-W’s insurance contracts, though issued prior to the Blankenship decision, may fairly be read to cover this type of liability and the *1330 insurers have not established a contrary … Therefore, we hold that these insurers may not avoid coverage, where the plain language of their policies clearly provides it, on the basis that a suit such as the Viocks’ probably, although not certainly, would not have

Scott Lee Tinsley v. George Million, Warden

399 F.3d 796 · Court of Appeals for the Sixth Circuit · Feb 22, 2005

Tinsley offers no legal support for the theory that this qualifies as testimony on the ultimate issue for the jury to decide, much less authority establishing that the Kentucky court’s conclusion is contrary to clearly established … that the Kentucky courts did not violate clearly established Supreme Court precedent in addressing this claim.

United States v. Padin

787 F.2d 1071 · Court of Appeals for the Sixth Circuit · Apr 10, 1986

First, appellants suggested that the Sprague report qualified as a "substantially verbatim recital" of McCloud's statements to him as defined in 18 U.S.C. Sec. 3500 (e)(2). … record of the interview. 3 44 Appellants would also qualify Sprague's work product as Jencks Act material because it was "signed or otherwise adopted or approved" by McCloud.

Ohio Valley Coal Co. v. Pleasant Ridge Synfuels, L.L.C.

54 F. App'x 610 · Court of Appeals for the Sixth Circuit · Dec 23, 2002

The Arbitrator concluded that the Synfuels Facility is covered under Section (f) because: (1) the facility qualifies as a coal preparation facility; (2) Pennsylvania Transloading, Inc. is an affiliate of Ohio Valley: and … The court began with the established notion that work agreements “tactically calculated to satisfy union objectives elsewhere” through the incorporation of secondary activities are clearly prohibited under 29 U.S.C. § 158

Her Majesty the Queen in Right of the Province of Ontario v. City of Detroit

874 F.2d 332 · Court of Appeals for the Sixth Circuit · May 2, 1989

It clearly indicates that Congress did not wish to abolish state control. … Had the Court meant to impose this type of qualifier, it surely would have said so.

Schmeller v. United States

143 F.2d 544 · Court of Appeals for the Sixth Circuit · Jun 6, 1944

This record clearly shows that certain minor defective welds do not so interfere, and Packard in fact conceded this by its practice. … Helm, on the other hand, was better qualified in foundry practice than any other witness.

Mulholland v. Pharmacia & Upjohn, Inc.

52 F. App'x 641 · Court of Appeals for the Sixth Circuit · Nov 22, 2002

Disability Under the ADA In order to establish a prima facie ease for disability discrimination, a plaintiff must show: (1) that he is disabled; (2) that he is qualified for the job; and (3) that he was denied a reasonable … He was clearly able to remember his conversation with Block, and forecast his time for that weekend correctly.

M.A.L. Ex Rel. M.L. v. Kinsland

543 F.3d 841 · Court of Appeals for the Sixth Circuit · Oct 7, 2008

The school additionally argues that the district court’s award of damages was inappropriate and that the individual defendants are entitled to qualified immunity. … Prior approval is only required for “distribution,” which action the policy clearly defines as giving out or division among a number of persons, sharing or parceling out, allotting, dispensing, apportioning,

Columbia Finance & Trust Co. v. Kentucky Union Ry. Co.

60 F. 794 · Court of Appeals for the Sixth Circuit · Feb 5, 1894

to a lien upon the raílroad to secure the payment of this sum of $60,000, which was used for the payment of coupons, and that it was error to proceed without bringing that company before the court, that its lien might be established … appertaining to said railroad, and all property, both real and personal, of every kind and description, which shall hereafter be acquired for use on said railroad; and all the corporate rights, privilege», franchises, and immunities

United States v. Heath

525 F.3d 451 · Court of Appeals for the Sixth Circuit · May 19, 2008

The court concluded that the document did not qualify as a fictitious financial instrument within the meaning of the statute because the face of the document stated that it was “not negotiable.” … that the district court committed no significant procedural error, such as failing to calculate (or improperly calculating) the Guidelines range, ... failing to consider the § 3553(a) factors, selecting a sentence based on clearly

James D. Stout Shirley A. Brown v. J.D. Byrider, A/K/A Docherty Motors, Inc. T & J Acceptance Corporation, D/B/A Carnow Acceptance Company,defendants-Appellees

228 F.3d 709 · Court of Appeals for the Sixth Circuit · Sep 8, 2000

In this case, the arbitration agreements clearly specify the established organization whose rules will govern the arbitration. … Even if Williams was relevant, we find it distinguishable, as Plaintiffs have not established that these agreements, like those in Williams, are unenforceable adhesion contracts.

United States v. Germaine Helton

314 F.3d 812 · Court of Appeals for the Sixth Circuit · Jan 6, 2003

Harrison and Peterson, Swain, and Liddell does not establish probable cause. … establishes that the affi-ant need only specify that the confidential informant has given accurate information in the past to qualify as reliable.”).

Alexander v. Local 496

177 F.3d 394 · Court of Appeals for the Sixth Circuit · Jun 30, 1999

with regard to disparate treatment was not clearly erroneous. … Thus, findings with regard to the evidence necessary to establish a prima facie case of employment discrimination are reviewed under the clearly erroneous standard.

Philecia Barnes v. City of Cincinnati

401 F.3d 729 · Court of Appeals for the Sixth Circuit · Mar 22, 2005

In order to establish a claim of sex discrimination, a plaintiff must demonstrate that (1) he is a member of a protected class; (2) he applied and was qualified for a promotion; (3) he was considered for and denied the promotion … The jury was free to believe or disbelieve the City’s explanation that Barnes was demoted because he was not qualified to fill the role of sergeant.