Case law

Cronin's Estate v. Commissioner of Internal Revenue

164 F.2d 561 · Court of Appeals for the Sixth Circuit · Dec 3, 1947

The remainder, except for a few qualifying shares, were owned by his wife. The corporation, during 1935 and prior thereto, had a very profitable cost-plus contract with the D. & C. … The decedent’s concern over the critical aspects of his business is fully established by direct evidence.

Summit County Democratic Central and Executive Committee v. J. Kenneth Blackwell, Matthew Heider Sam Ewing Elizabeth Coombe David Timms, Defendants-Intervenors-Appellants. Marian Spencer v. J. Kenneth Blackwell, Clara Pugh Sam Malone Charles Winburn, Defendants-Intervenors-Appellants

388 F.3d 547 · Court of Appeals for the Sixth Circuit · Nov 2, 2004

elector, who shall serve as challenger for such party or such candidates during the casting of the ballots, and one person, a qualified elector, who shall serve as witness during the counting of the ballots; provided that … But our standard of review clearly indicates that in cases where the evidence is "questionable," we will defer to the reasoned discretion of the district court. 29 The burden on the right to vote is evident.

Donahey v. Bogle

129 F.3d 838 · Court of Appeals for the Sixth Circuit · Nov 17, 1997

The testimony at trial clearly indicated that Livingstone personally participated in only the financial aspects of St. … The evidence clearly established that Livingstone had the authority to prevent the contamination of the property by his corporation; thus, as a matter of law, Livingstone was a responsible party.” 5 Id.

United States v. Joseph Marshall

954 F.3d 823 · Court of Appeals for the Sixth Circuit · Mar 26, 2020

Only “[i]f the Legislature clearly states that a prescription counts as jurisdictional,” the Court explained, may we treat it as a limit on our subject-matter jurisdiction. … He identifies three types of errors in the district court’s decision that might qualify as a “violation of law.”

Fatoumata Sira Bah v. Alberto R. Gonzales

462 F.3d 637 · Court of Appeals for the Sixth Circuit · Sep 8, 2006

Forced abortion is clearly persecution under the case law, even before the Act incorporated it. … This determination is contrary to the established law of the Sixth Circuit.

Sylvia James v. Hilliard Hampton

513 F. App'x 471 · Court of Appeals for the Sixth Circuit · Jan 30, 2013

While we agree that this case qualifies for Younger abstention, we nonetheless reverse the district court’s dismissal. … They alternatively argue that Eleventh Amendment immunity protects them from suit.

32 Empl. Prac. Dec. P 33,717, 31 cont.cas.fed. (Cch) P 71,345 Ohio Contractors Association v. William Keip, and National Association of Minority Contractors, Intervening Defendants

713 F.2d 167 · Court of Appeals for the Sixth Circuit · Sep 7, 1983

The record discloses that in 1981 the General Assembly passed legislation containing several amendments to the Ohio MBE act, restricting the set of businesses which could qualify for MBE set-asides, clarifying the subcontracting … To qualify as a constitutionally permissible means of ameliorating the effects of identified past discrimination, this type of remedy must be "reasonably necessary" or "substantially related to the achievement of its remedial

Avery v. United States

104 F. 711 · Court of Appeals for the Sixth Circuit · Nov 7, 1900

Do these words, without more, operate to qualify the estate conveyed so that, upon a discontinuance of Case street, the property will revert to the grantor? … Its effect was not to qualify the city’s title, but to make a public street over and upon property which the city owned in fee.

Libertarian Party of Ohio v. Degee Wilhem

988 F.3d 274 · Court of Appeals for the Sixth Circuit · Feb 10, 2021

Instead, three members will be selected from any party that wins enough seats in the legislature to qualify as one of the State’s two major parties. … In each of those cases, our court clearly contemplated statutory schemes that would result in “categorical” exclusions to maintain partisan balance.

Manley v. Dwelle

974 F.2d 1338 · Court of Appeals for the Sixth Circuit · Aug 20, 1992

The district court also concluded that defendants Dwelle and Russell were entitled to qualified immunity, and granted defendants summary judgment. 4 Upon review we find no error. … Williams, 849 F.2d 1004, 1008 (6th Cir.1988), cert. denied, 489 U.S. 1081 (1989). 9 Nor did the district court err in granting defendants Dwelle and Russell qualified immunity.

United States v. James Mathis

Court of Appeals for the Sixth Circuit · Dec 23, 2013

There’s not a safe level of asbestos exposure that’s been established. … It was not clearly erroneous for the district court to deny Mathis a mitigating-role reduction.

United States v. Jarrell

68 F. App'x 622 · Court of Appeals for the Sixth Circuit · Jun 25, 2003

This Court reviews a district court’s findings of fact on a suppression issue under the clearly erroneous standard, and its conclusions of law under a de novo standard. United States v. … Jarrell next contends, essentially, that the information supplied by the informant was not necessarily credible or reliable, that the corroboration was innocuous, and that the informant did not state how he or she was qualified

Deborah Hagedorn v. David Cattani

Court of Appeals for the Sixth Circuit · Nov 7, 2017

Esser and Cattani both assert a defense of qualified immunity. It is Hagedorn’s burden to establish that they are not entitled to such immunity. Baker v. City of Hamilton, 471 F.3d 601, 605 (6th Cir. 2006). … We evaluate qualified immunity by asking (1) was there a violation of a constitutional right; and (2) was that right “clearly established” at the time the violation occurred. Williams v.

Mann & Parker Lumber Co. v. Wel-Dri

579 F.2d 973 · Court of Appeals for the Sixth Circuit · Jun 20, 1978

Black or a qualified associate. … In our opinion the findings of fact adopted by the District Court on the issue of liability are supported by substantial evidence and are not clearly erroneous. Its conclusions of law are correct.

Milton Rhea v. W. Tenn. Crime & Drug Task Force

Court of Appeals for the Sixth Circuit · Aug 25, 2020

And after the Task Force moved for summary judgment, the DAGs did as well, asserting sovereign immunity. … The record establishes that Task Force members were generally hired through each DAG office, and then assigned to the Task Force.

Mccurry v. Adventist Health System/Sunbelt, Inc.

298 F.3d 586 · Court of Appeals for the Sixth Circuit · Aug 7, 2002

Clearly, there has been no unequivocal waiver of Mrs. … Through their Rule 60(b) motion, McCurry and Turner sought to establish this complete identity by joining Ms.

St. Joseph Parish St. Johns v. Dana Nessel

Court of Appeals for the Sixth Circuit · Sep 20, 2024

Code R. 37.6(1), does not provide clear guidance regarding what conduct qualifies. … Perhaps this choice follows from looming sovereign-immunity issues over whether a federal court may enjoin state officials (or even issue declaratory relief against them) on state-law grounds.

Zomba Enterprises, Inc. v. Panorama Records, Inc.

491 F.3d 574 · Court of Appeals for the Sixth Circuit · Jun 26, 2007

Conversely, if the defendant establishes that infringement is innocent, the statutory-damage floor falls to $200. Id. B. … To the contrary, the order stated that it “shall not be construed as a finding of any fact by the [District] Court or a finding by the [District] Court that Plaintiff has established ... any ... substantive element of its

Barrett v. Lucent Technologies, Inc.

36 F. App'x 835 · Court of Appeals for the Sixth Circuit · Jun 6, 2002

My lesions were clearly visible on my face and they would have been seen by Mr. Young. I told Ronald Young that I wanted a non-hostile work environment. … If plaintiff establishes this prima facie case, the burden shifts to defendant to establish legitimate, nondiscriminatory reasons for the adverse employment action.

Robert Brooks v. City of Oak Ridge

222 F.3d 259 · Court of Appeals for the Sixth Circuit · Jul 21, 2000

We conclude that, although the bell has secular significance in Japanese culture, it also carries strong Buddhist connotations and therefore qualifies as a religious symbol for the purpose of Establishment Clause analysis … Hackmann, Buddhism As A Religion: Its HistoRical Development And Its Present Conditions 275-76 (1910), the bells are clearly tied to the Buddhist religion as ritual implements invested with symbolic significance. 5 We therefore