Case law

Commonwealth of Ky. v. Joseph R. Biden

Court of Appeals for the Sixth Circuit · Jan 5, 2022

All of this easily suffices to establish imminence. … It also waives the federal government’s sovereign immunity from injunctive relief. Id.

Jones v. Johanns

264 F. App'x 463 · Court of Appeals for the Sixth Circuit · Sep 14, 2007

To make out a prima facie case of discrimination, a plaintiff must establish that: (1) he is a member of a protected group; (2) he was qualified for the position; (3) he was subject to an adverse employment decision; and … In describing the materially adverse standard, the Supreme Court noted that “[a]n employee’s decision to report discriminatory behavior cannot immunize that employee from those petty slights or minor annoyances that often

Andrea Goldblum v. Univ. of Cincinnati

62 F.4th 244 · Court of Appeals for the Sixth Circuit · Mar 10, 2023

Airports Auth., 149 F.3d 253, 260 (4th Cir. 1998) (Congress didn’t “intend[] to immunize insubordinate, disruptive, or nonproductive behavior at work.” (quotation omitted)). … These are not the only ways that a plaintiff can establish pretext.

Marchwinski v. Howard

309 F.3d 330 · Court of Appeals for the Sixth Circuit · Oct 18, 2002

"A district court abuses its discretion when it relies on clearly erroneous findings of fact ... or when it improperly applies the law or uses an erroneous legal standard. … Miller, 520 U.S. 305, 323 , 117 S.Ct. 1295 , 137 L.Ed.2d 513 (1997), to support their assertion that only a very strong public safety rationale can qualify as a special need.

Detroit Free Press v. John Ashcroft

303 F.3d 681 · Court of Appeals for the Sixth Circuit · Aug 26, 2002

Many deportation proceedings are unremarkable in that the respondent is removable and either may be clearly ineligible for any relief or the only possible remedy may be voluntary departure. … In sum, we find that the Government’s attempt to establish a narrowly tailored restriction has failed.

Youngblood v. Dalzell

925 F.2d 954 · Court of Appeals for the Sixth Circuit · Feb 14, 1991

With regard to promotions, the consent decree provides simply that the Defendants “shall use a system for promoting qualified ... … Eaton Corp., 615 F.2d 716, 719-20 (6th Cir.1980) (filing an action in a court which does not clearly lack jurisdiction tolls the limitations period).

United States v. Graham

Court of Appeals for the Sixth Circuit · Apr 12, 2007

Noting that it was the government’s burden to establish that reasonable suspicion existed, see Florida v. … Here, in contrast, it is undisputed that stopping a vehicle where signs clearly prohibit parking is against Dayton City law.

Davina Hurt v. Commerce Energy, Inc.

973 F.3d 509 · Court of Appeals for the Sixth Circuit · Aug 31, 2020

The Agreement between Just Energy and Plaintiffs clearly states that Just  No. 18-4058 Hurt, et al. v. Commerce Energy, Inc., et al. … Compensation information was therefore necessary for Plaintiffs to establish that they had minimum wage and overtime claims to begin with.

Bridging Communities Inc. v. Top Flite Financial Inc.

843 F.3d 1119 · Court of Appeals for the Sixth Circuit · Dec 15, 2016

“An abuse of discretion occurs if the district court relies on clearly erroneous findings of fact, applies the wrong legal standard, misapplies the correct legal standard when reaching a conclusion, or makes a clear error … As Top Flite conceded at oral argument, however, the question of who ordered the faxes and in what capacity— and the question of who qualifies as a “sender” under the TCPA—is common to the class.

Harold F. Braithwaite v. The Timken Company

258 F.3d 488 · Court of Appeals for the Sixth Circuit · Jul 18, 2001

While three of these statements clearly accuse the plaintiff of shoving Mr. … As noted above, Talley’s testimony was contradicted by three witnesses who clearly stated that Harold Braithwaite had shoved Roy Dow-dell several times.

Warshak v. United States

Court of Appeals for the Sixth Circuit · Jun 18, 2007

Rather, the government must show that the ISP or other intermediary clearly established and utilized the right to inspect, monitor, or audit the content of e- mails, or otherwise had content revealed to it. … Even so, he would still potentially have a cause of action under 42 U.S.C. § 1983, although one would have to imagine that he would face viable defenses of qualified immunity were he inclined to seek money damages.

United States v. Henderson

626 F.3d 326 · Court of Appeals for the Sixth Circuit · Nov 19, 2010

was introduced only to establish the verbal act. … Barnwell is clearly distinguishable.

George Mastrobuono, Jr. v. Local Union No. 673, International Brotherhood of Electrical Workers

828 F.2d 19 · Court of Appeals for the Sixth Circuit · Sep 1, 1987

Such allegations are clearly inadequate to question the integrity of the arbitral panel. Cf. Morris v. … These issues before the Committee were factual in nature, and the Committee's findings are not clearly erroneous.

Peter McGowan v. United States

Court of Appeals for the Sixth Circuit · Jul 9, 2025

It operated through a document called the Benefits Trust Agreement (the Agreement), which established two subtrusts. … Accordingly, the taxpayers fall well short of “clearly showing” that the Company qualified for § 162(a) deductions. INDOPCO, 503 U.S. at 84 (citation omitted).

Birch v. Cuyahoga Cnty

Court of Appeals for the Sixth Circuit · Dec 1, 2004

Thus, he is not qualified to bring a suit under Title VII against Common Pleas Court or Judge Radcliffe. Dyer, 169 F. Supp.2d at 774-75. … Birch is clearly a member of a protected class, and has identified an adverse employment action in the form of the difference between her salary and that of her male co-workers.

John Hanson v. Madison Cty. Detention Center

Court of Appeals for the Sixth Circuit · May 22, 2018

Legal Framework: Qualified Immunity “[G]overnment officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … , qualified immunity in Kentucky is not applicable).

In Re General Tire And Rubber Company Securities Litigation

726 F.2d 1075 · Court of Appeals for the Sixth Circuit · Mar 8, 1984

The Committee also determined that because board members Henkel, Henry, Mansfield, Morley, O'Neil and Walsh were not involved in any of the cited suspect activities, they were qualified to implement the proposed changes. … As a former Citicorp officer with responsibility for Latin American business, Garvin was particularly well qualified for that investigation.

Mertik v. Blalock

983 F.2d 1353 · Court of Appeals for the Sixth Circuit · Jan 15, 1993

Macene describes suits that fall within one of two clearly delineated categories: those involving a direct challenge to an established state procedure or those challenging random and unauthorized acts. … Clearly, they are inappropriate in the procedural context of this case.

Riccy Enriquez-Perdomo v. Ricardo Newman

Court of Appeals for the Sixth Circuit · Dec 5, 2022

They also asserted that Enriquez-Perdomo failed to state a claim because no Bivens remedy is available for the claims she asserts, and that Defendants are entitled to qualified immunity.2 Defendants submitted evidence … Rather, the DACA Memorandum “directed USCIS to establish a clear and efficient process for identifying individuals who met the enumerated criteria,” and established an adjudicative process for “conferring affirmative immigration

Jennie Wright v. Louisville Metro Gov't

Court of Appeals for the Sixth Circuit · Jul 16, 2025

For example, Rule 15 will provide for relation-back when a plaintiff mistakenly sues an institutional defendant (such that his suit is barred by sovereign immunity) rather than an individual defendant who can in fact be sued … The latter may qualify for relation-back under Rule 15; the former does not.  No. 24-5965 Wright, et al. v. Louisville Metro Gov’t, et al.