Case law

Horner Ex Rel. Horner v. Kentucky High School Athletic Ass'n

206 F.3d 685 · Court of Appeals for the Sixth Circuit · Mar 20, 2000

fundamental failure to establish a violation of Title IX, let at 72. … their lawsuit was a they failed to establish an intentional violation.

Be&k Construction Company, Petitioner/cross-Respondent v. National Labor Relations Board, Respondent/coss-Petitioner, Steamfitters Local 342, Intervenors

246 F.3d 619 · Court of Appeals for the Sixth Circuit · Apr 9, 2001

Attainment by the unions of even site-specific improvements or promises of diligent enforcement of existing health and safety standards, moreover, clearly establishes helpful precedent for future labor actions and serves … That decision, however, involved only a claim of Noerr-Pennington immunity from antitrust liability.

Carr v. Reliance Standard

Court of Appeals for the Sixth Circuit · Apr 14, 2004

Carr On cross-motions for summary judgment, the district court has failed to establish the elements of an estoppel claim, in particular that granted Reliance’s motion, rejecting Carr’s claim for benefits he detrimentally … The plan clearly states that that this contra proferentum rule applies only where contractual language an insured who is only Partially Disabled during the is found to have mo re than one interpre tation.

Dixie Sand & Gravel Corporation v. Pauline Holland

255 F.2d 304 · Court of Appeals for the Sixth Circuit · May 1, 1958

In the case of Ex parte Terry, 211 Ala. 418 , 100 So. 768, 769 , the court said: “The effect of these and other well-considered cases is to firmly establish the principle, based of course upon the theory of a liberal rather … Since, in my opinion, it clearly appears that Mr.

United States v. Davon Tooley

Court of Appeals for the Sixth Circuit · Oct 23, 2025

To establish plain error, a defendant must show that “(1) an error occurred in the district court; (2) the error was obvious or clear; (3) the  No. 24-5286 United States v. … Tooley Page 5 lead of the Model Penal Code” and “fully and clearly defin[es]” four culpable mental states).

Coles W. Raymond, M.D. And Virginia Raymond, His Wife v. United States

511 F.2d 185 · Court of Appeals for the Sixth Circuit · Mar 5, 1975

“Only a bona fide debt which arises from a debtor-creditor relationship based upon a valid and enforceable obligation to pay a fixed or determinable sum of money” qualifies, as a bad debt for the purposes of section 166. … Although taxpayers testified that the advances were loans and although the transactions were evidenced by demand notes, this court held that any determination that the advances were genuine debts would be clearly erroneous

Erick Peeples v. City of Detroit, Mich.

891 F.3d 622 · Court of Appeals for the Sixth Circuit · Jun 1, 2018

To do so, the McDonnell Douglas burden shifting framework requires that Plaintiffs prove four elements: (1) they were members of a protected class; (2) they suffered adverse employment actions; (3) they were qualified for … In Wells, this Court adopted the Seventh Circuit test established in Bugg v.

United States v. Preston Byrd

690 F. App'x 892 · Court of Appeals for the Sixth Circuit · May 17, 2017

We also review the ultimate conclusion that Byrd qualifies as a leader deferentially. United States v. … As the trial court’s decision was not clearly erroneous, we defer to its judgment.

Bishop v. Reagan-Bush '84 Committee

819 F.2d 289 · Court of Appeals for the Sixth Circuit · May 22, 1987

immunity, the trial judge issued a blanket protective order prohibiting the plaintiffs from engaging in discovery until those motions were ruled on. … If it was not the City's intent to convert the Square into a private forum, the court must address other issues, such as the existence or lack of state action and qualified immunity, raised by the defendants.

Inez Miller, Administratrix of the Estate of Gregory B. Clemmons v. Montgomery County, Ohio

105 F.3d 659 · Court of Appeals for the Sixth Circuit · Jan 9, 1997

"[K]nowledge of the asserted serious needs or of circumstances clearly indicating the existence of such needs, is essential to a finding of deliberate indifference." … McCalla, United States District Judge for the Western District of Tennessee, sitting by designation 1 The defendants also raise the defense of qualified immunity.

John W. Banks, II v. Commissioner of Internal Revenue

345 F.3d 373 · Court of Appeals for the Sixth Circuit · Sep 30, 2003

Petitioner argues that the tax court clearly erred in failing to give appropriate weight to the characterization in the settlement agreement. … Thus, it appears that the tax court was applying a standard other than the standard established by Crosley.

Randy Bowers v. Danny Phillips

798 F.2d 1413 · Court of Appeals for the Sixth Circuit · Jul 1, 1986

The district court concluded that-as a matter of law the defendant had probable cause for both arrests based on the totality of the circumstances and the grand jury presentment and was therefore entitled to qualified immunity … from damages under Sec. 1993, inasmuch as he had not violated a clearly established constitutional right of which a reasonable person would have known.

National Labor Relations Board v. Overseas Motors, Inc.

818 F.2d 517 · Court of Appeals for the Sixth Circuit · May 11, 1987

including the principal of [Overseas], allowed General Counsel to impeach his own witness, made unilateral determinations without foundation as to the credibility of witnesses, allowed testimony which could *520 only have qualified … Overseas clearly did not comprehend its burden of proof in the back pay proceeding.

Widgren v. Maple Grove

Court of Appeals for the Sixth Circuit · Nov 17, 2005

The Dunn court established four factors for determining whether an area is a home’s curtilage: [1] the proximity of the area claimed to be curtilage to the home, [2] whether the area is included within an enclosure … We also decline to reach the merits of the availability of qualified immunity.

Luke Woodward v. Director, Office Of Workers' Compensation Programs

991 F.2d 314 · Court of Appeals for the Sixth Circuit · Apr 9, 1993

Director, OWCP, 484 U.S. 135 , 108 S.Ct. 427 , 98 L.Ed.2d 450 (1987) that a black lung claimant must establish at least one of the qualifying facts in 20 C.F.R. § 727.203 (a) by a preponderance of the evidence. … The ALJ's analysis clearly runs counter to our decision in Conn v. White Deer Coal Co. and the Fourth Circuit's rationale in Adkins. Pneumoconiosis is a progressive and degenerative disease.

Nayanaben Patel v. Merrick B. Garland

116 F.4th 617 · Court of Appeals for the Sixth Circuit · Sep 10, 2024

But exactly when, where, how, and with whom was never conclusively established. … She also claims that she had no motive to lie and that the USCIS documents clearly showed when she entered the country. This completely ignores her own testimony.

Metro Life Ins Co v. Conger

Court of Appeals for the Sixth Circuit · Jan 16, 2007

The Act gave the Office of Personnel Management (“OPM”) the responsibility to enter into group contracts (known as “master contracts”) with qualified insurance carriers, and thereby establish and administer a program through … Instead, the LTCSA merely “establishes minimal underwriting standards for master contracts, and delegates the establishment of further underwriting requirements to the qualified carriers and OPM.” Id.

Edward Ruemenapp v. Oscoda Twp., Mich.

Court of Appeals for the Sixth Circuit · Jun 28, 2018

immunity” because “the unreasonableness of the force used was not clearly established at the time the arrest occurred.” … to qualified immunity if that right were not clearly established at the time of the violation.

Cox v. Drake

241 F. App'x 237 · Court of Appeals for the Sixth Circuit · Jun 21, 2007

(affirming the Page 9 of 13 district court’s denial of qualified immunity to building inspector when he along with police officers evicted tenants from apartment building because of … unsafe conditions without prior notice or hearing because he did not act reasonably when he deprived plaintiffs of right to their leasehold property interest, but reversing the district court’s denial of qualified immunity

Thomas Killion v. KeHE Distributors

761 F.3d 574 · Court of Appeals for the Sixth Circuit · Jul 30, 2014

This situation is addressed in 29 C.F.R. § 541.504(d)(2): Drivers who generally would not qualify as exempt outside sales employees include: . . . … The court clearly said that “[a]n employment agreement cannot be utilized to deprive employees of their statutory [FLSA] rights.” Id. (alteration in original) (internal quotation marks omitted).