Case law

Apj Associates, Inc. v. North American Philips Corp.

317 F.3d 610 · Court of Appeals for the Sixth Circuit · Jan 31, 2003

Furthermore, AP’s role in the 1994 sales to GM, while certainly of great importance in the relationship, does not qualify as the “procuring cause” of the subsequent sales. … The terms of the written contracts are unambiguous and clearly control the issues of termination and payment of commissions. As a matter of law, extrinsic evidence may not override the plain meaning of the agreements.

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.

Fuhr v. Hazel Park

Court of Appeals for the Sixth Circuit · Mar 24, 2004

that clearly established a pay differential between the position that she already had and the position that she sought. … Following the decision not to Barnett was well qualified for the position. Citing St. Mary’s hire her, Fuhr also had conversations with Principal Jim Honor Ctr. v.

Steiner v. Henderson

Court of Appeals for the Sixth Circuit · Dec 8, 2003

She subsequently filed a Title VII complaint with government’s waiver of sovereign immunity upon a the USPS EEOC on February 7, 2001. … However, Steiner argues that the forty-five day publication, the forty-five day filing requirement is clearly period is subject to principles of equitable tolling. Indeed, delineated.

Robert C. Butler v. Jim Rose, Warden

686 F.2d 1163 · Court of Appeals for the Sixth Circuit · Aug 13, 1982

I think he is going to have to qualify that. Because the defendant is under no obligation to testify. But yet under his argument he would be included in that class of witnesses. … As in Lockett , defense counsel in this case outlined a defense which would be established “as the proof comes in later.”

Timothy Turner v. Helen Long

Court of Appeals for the Sixth Circuit · Jun 17, 2024

In addition, defendants assert qualified immunity and challenge whether Turner’s right to privacy was a clearly established constitutional right. … We therefore reverse and remand Turner’s Fourth Amendment claim for the district court to consider these issues (including the defendants’ qualified-immunity defense) in the first instance.

James W. Childs v. Margery B. Koosed, Richard L. Aynes, Isaac C. Hunt, William D. Rich, Frank Marini, and William v. Muse

928 F.2d 404 · Court of Appeals for the Sixth Circuit · Mar 13, 1991

928 F.2d 404 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 plaintiff did not clearly notify the defendants that they could be personally liable for those counts brought under federal law.

Pearl v. General Tire & Rubber Co.

726 F.2d 1075 · Court of Appeals for the Sixth Circuit · Jan 13, 1984

These relationships in themselves would seem insufficient to establish bias in the outside directors, or control of them by inside management. … As a former Citicorp officer with responsibility for Latin American business, Garvin was particularly well qualified for that investigation.

Food Lion, LLC v. Dean Foods Company

739 F.3d 262 · Court of Appeals for the Sixth Circuit · Jan 3, 2014

; and 2) that Plaintiffs failed to establish the requisite element of injury. … perceives that it is competing; any applicable regulatory standards; transportation costs and challenges such as risk of spoilage, size, or weight; and “other factors bearing upon 2 “A witness who is qualified

Schram v. Burt

111 F.2d 557 · Court of Appeals for the Sixth Circuit · May 6, 1940

Appellee qualified as administratrix of the estate of her husband, which estate had a value of approximately $150. … The rule is clearly established that where one party, advances money to another upon the faith of a verbal agreement by the latter to secure its payment by a mortgage upon certain lands and improvements, which is not executed

Smith v. City of Salem

369 F.3d 912 · Court of Appeals for the Sixth Circuit · Jun 1, 2004

Smith is a 1986) (“Causation sufficient to establish a prima facie case of member of a protected class. … A plaintiff need only provide immunities secured by the Constitution or federal laws by “a short and plain statement of the claim showing that the those acting under color of state law.

Frick v. United States

907 F.2d 150 · Court of Appeals for the Sixth Circuit · Jun 28, 1990

Section 1989 is a general enabling statute, empowering the Secretary of Agriculture to establish regulations to implement CFRDA. … Even if plaintiff could make out a colorable Bivens claim, defendants would be protected by the doctrine of qualified immunity because they did not violate a "clearly established" law or "clearly established right," the contours

United States v. Elmer Perkins

994 F.2d 1184 · Court of Appeals for the Sixth Circuit · May 24, 1993

There can, of course, be more than one person who qualifies as a leader or organizer of a criminal association or conspiracy- *1192 U.S.S.G. § SBl.l, comment, (n. 3). … In this case it is not “clearly improbable” that the weapon was connected with the offense.

United States v. Jason Florence

Court of Appeals for the Sixth Circuit · Jan 8, 2026

To establish plain error, Florence “must show (1) error (2) that was obvious or clear (3) that affected his substantial rights and (4) that affected the fairness[,] integrity, or public reputation of the judicial proceedings … Florence Page 11 clearly erroneous facts, or failing to adequately explain the chosen sentence.” Gall v. United States, 552 U.S. 38, 51 (2007).

Peabody Coal Co. v. Ferguson

140 F.3d 634 · Court of Appeals for the Sixth Circuit · Apr 1, 1998

The ALJ found that Ferguson qualified for the interim presumption because he filed his claim prior to April 1, 1980, was employed with the coal mines in excess often years, .and established by x-ray, autopsy, and a blood … This Court in Yeager concluded that, [Lemar] quite clearly requires that [the employer] have an opportunity to present new evidence in light of the altered York standard---- Prior to York, [the employer] had no reason to

Michigan Catholic Conference & Catholic Family Services v. Burwell

755 F.3d 372 · Court of Appeals for the Sixth Circuit · Jun 11, 2014

Establishment Clause “Congress shall make no law respecting an establishment of religion.” U.S. Const. amend. I. … Page 26 a distinction does not violate the Establishment Clause.

State of Michigan v. Thomas

805 F.2d 176 · Court of Appeals for the Sixth Circuit · Nov 12, 1986

directly to the EPA's evaluation of the technical data, we note that courts are well-advised to study the record carefully but to " 'look at the [agency's] decision not as the chemist, biologist or statistician that we are qualified … The EPA's definition is certainly not contrary to any "clearly discernible legislative intent" and is "sufficiently reasonable" to be accorded deference.

Choate's Air Conditioning & Heating, Inc. v. Light, Gas & Water Division

16 F. App'x 323 · Court of Appeals for the Sixth Circuit · Jun 22, 2001

Similarly, the district court’s dismissal of Choate’s claims against Morris was proper, as Choate’s failure to state a constitutional violation made unnecessary any determination of whether Morris was subject to qualified … immunity, as he asserted.