Case law

Memphis Planned Parenthood, Inc. v. Donald Sundquist, Governor of the State of Tennessee, and John Knox Walkup, Attorney General

175 F.3d 456 · Court of Appeals for the Sixth Circuit · May 5, 1999

who do not qualify must obtain parental consent. 5. … Certainly the Tennessee General Assembly and the Tennessee Supreme Court would prefer the judicial bypass system as presently established in the Consent Act and Rule 24.

Dayton Area Visually Impaired Persons, Inc. v. Lee Fisher

70 F.3d 1474 · Court of Appeals for the Sixth Circuit · Nov 16, 1995

Also, the registration and fee requirements are of a limited duration (two years), if the organization can prove its charitable nature by qualifying as a Sec. 501(c)(3) entity for federal tax purposes. … Upon submission of documentation specified in the statute, the organization involved is automatically qualified to solicit funds.

Wsaz, Inc. v. Gerald Lyons, Wsaz, Inc. v. Calvin Gearhart

254 F.2d 242 · Court of Appeals for the Sixth Circuit · Apr 7, 1958

and quash summons defendant’s vice president and general manager stated “said corporation regularly broadcasts programs generally known as news broadcasts over both its radio and television stations. * * * ” It is thus established … Under the circumstances we cannot conclude that the District Court’s finding of facts embodied in its opinion was clearly erroneous, namely [ 150 F.Supp. 102 ]: “The record discloses that over a considerable period of time

United States v. Joe Ivory Johnson

16 F.3d 1222 · Court of Appeals for the Sixth Circuit · Feb 17, 1994

The quantity of drugs must be established by a preponderance of the evidence. Id. at 1301-02. … The quantity of drugs was established by a preponderance of the evidence.

Moon v. Harrison Piping Supply

465 F.3d 719 · Court of Appeals for the Sixth Circuit · Sep 28, 2006

Continuity may be established at the pleading stage by alleging facts of either closed- or open-ended racketeering activity. … Moon’s is clearly the ordinary case, where the exercise of pendent jurisdiction is improper. IY.

Hall v. Vasbinder

563 F.3d 222 · Court of Appeals for the Sixth Circuit · Apr 22, 2009

We can, however, look to decisions of other courts to determine whether a legal principle had been clearly established by the Supreme Court. Smith v. Stegall, 385 F.3d 993, 998 (6th Cir.2004). B. … Again, though, the question is not whether the prosecutor referred to Hall’s motives for not testifying — the prosecutor clearly did.

Albert Carson v. Regina Veasy

849 F.2d 608 · Court of Appeals for the Sixth Circuit · Jun 14, 1988

849 F.2d 608 Unpublished Disposition 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 … The district court granted summary judgment to the defendant because the plaintiff had not shown a genuine issue of material fact and because the defendant was entitled to qualified immunity. 3 Upon consideration, we agree

Adelaida Garza v. Patrice Everly

59 F.4th 876 · Court of Appeals for the Sixth Circuit · Feb 10, 2023

But the district court determined that “worked” and “hashed it out” did not establish Phil’s contributions to writing lyrics or composition. … We hold that the district court did not clearly err in finding that Don repudiated Phil’s authorship.

Turpin v. Merrell Dow Pharmaceuticals, Inc.

959 F.2d 1349 · Court of Appeals for the Sixth Circuit · Mar 11, 1992

Four federal circuits have held that plaintiffs failed as a matter of law to establish causation of birth defects. … The percentage part is established by the statistician in advance of performing the studies.

Bryant v. Dollar General Corp.

538 F.3d 394 · Court of Appeals for the Sixth Circuit · Aug 15, 2008

Courts throughout the country have observed that the FMLA “was clearly intended to provide [ ] protection” against “discharging] or discriminating] against an employee for exercising her rights under the Act.” … In enacting the FMLA, Congress plainly stated that “the purpose of this Act” included establishing a right for “employees to take reasonable leave for medical reasons.” 29 U.S.C. § 2601 (b).

United States v. White

492 F.3d 380 · Court of Appeals for the Sixth Circuit · Jun 11, 2007

(J.A. at 909) At trial, the government did not qualify the challenged witnesses as experts, although preliminary questions to the Medicare auditors established their work experience and background. 8 Rather, the district … Very clearly, the prosecutor here made misrepresentations to the district court.

Dearrea King v. City of Columbus, Ohio

Court of Appeals for the Sixth Circuit · Aug 9, 2024

Mason appealed, but another panel of this court dismissed the appeal for lack of jurisdiction, explaining that it could not review the district court’s denial of qualified immunity because Mason did not concede King’s … Feb. 1, 2023), in which we recognized that where officers act reasonably for purposes of federal qualified immunity, they are necessarily immune from corresponding Ohio tort claims. Id. at *9.

22 Employee Benefits Cas. 2513, Pens. Plan Guide (Cch) P 23,950x Administrative Committee of the Sea Ray Employees' Stock Ownership and Profit Sharing Plan v. Daniel Robinson (Class I), Sharon Baldock (Class Ii)

164 F.3d 981 · Court of Appeals for the Sixth Circuit · Jan 14, 1999

(internal citations omitted). 35 We find that a plain reading of the Plan reveals that it clearly grants discretion to the Committee. … Id. at 80 . 41 Neither this court nor other circuits have established clear benchmarks for these high or low percentages.

Joe L. Lujan v. Franklin County Board of Education

766 F.2d 917 · Court of Appeals for the Sixth Circuit · Jun 17, 1985

Lujan does not challenge the district court’s factual findings as being clearly erroneous. Rather, he argues that the district court evaluated this case under improper legal standards. … Numerical disparities were clearly the crucial element necessary to shift the burden of persuasion to the defendant in Chambers, Keyes and other similar cases of that vintage.

Chrysler Corp. v. Township of Sterling

410 F.2d 62 · Court of Appeals for the Sixth Circuit · Mar 31, 1969

We hold, adopting as correct the interpretation followed by leaders in the field of education and other government officials of Michigan, that the number of state-supported educational institutions that could qualify for … Boyd, 378 U.S. 39, 44 , 84 S.Ct. 1518, 1521 , 12 L.Ed.2d 713 , in which the Supreme Court said: “The Constitution immunizes the United States and its property from taxation by the States, M’Culloch v.

Detroit Police Officers Association, a Voluntary Mutual Benefit Association, Labor Organization v. Coleman A. Young, Mayor of the City of Detroit, William Morgan, Brian Brunett, and Donald Prince, Individually and as Representatives of a Class v. Coleman A. Young, Mayor of the City of Detroit

824 F.2d 512 · Court of Appeals for the Sixth Circuit · Jul 29, 1987

Young, 608 F.2d 671 (6th Cir.1979). 6 This Court asked the District Court to reconsider four specific issues on remand: 7 (1) "whether it has been established that the Department engaged in intentional discrimination against … Young, 446 F.Supp. 979, 986 (E.D.Mich.1978). 28 It should be noted at the outset that although the classes are clearly not identical, identity between the classes is not necessary where there is a "strong community of interests

Ralph Shrader, Inc. v. Diamond International Corp.

833 F.2d 1210 · Court of Appeals for the Sixth Circuit · Nov 24, 1987

a contract for sale although the writings of the parties do not otherwise establish a contract. … Moreover, the language taken as a whole clearly indicates that Ameri *1215 can would accept only on its terms.

Richard Steiger v. Robert Hahn

Court of Appeals for the Sixth Circuit · Jan 3, 2018

and (2) whether that right was clearly established when violated. … Given that qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law,” we have no cause to disturb the district court’s determination that these officers are immunized from trial

McCann L. REID, Plaintiff-Appellant and Cross-Appellee, v. MEMPHIS PUBLISHING COMPANY, Defendant-Appellee and Cross-Appellant

521 F.2d 512 · Court of Appeals for the Sixth Circuit · Aug 20, 1975

However, the record clearly establishes that the plaintiff had sufficient skill and experience to successfully become one of the ten copyreaders on the Press-Scimitar staff. … They certainly are not “clearly erroneous.” The judgment of the District Court as to damages should be affirmed.

Local No 499, Bd of Trustees v. Art Iron, Inc.

Court of Appeals for the Sixth Circuit · Sep 26, 2024

Here, Robert Schlatter does not challenge the district court’s determination that his consulting business qualifies as an enterprise under “common control” with Art Iron. … Thus, the record demonstrates that Schlatter was clearly the sole proprietor of his consulting business. Schlatter appears to challenge his own sworn statements given to the IRS, arguing that a U.S.