Case law

Bluegrass Marine, Inc. v. Zurich American Insurance

87 F. App'x 493 · Court of Appeals for the Sixth Circuit · Dec 23, 2003

The term is qualified by the word “new,” indicating that it is not designed for items of routine maintenance, but only additional items above and beyond those previously included on the schedules in the policy. … Clearly, the kort nozzles and wheels were purchased by Bluegrass Marine and thus are proper subjects of the policy’s provisions.

Settlement Facility Dow Corning Trust

Court of Appeals for the Sixth Circuit · Apr 10, 2025

breast-implant manufacturing in the United States, the company’s success abruptly ended in 1992 when the Food and Drug Administration ordered sharp restrictions on using such implants, given their connection to various auto-immune … Consistent with this understanding, claims against Dow qualify as “finally resolved” through several routes.

Renee Maat v. County of Ottawa

657 F. App'x 404 · Court of Appeals for the Sixth Circuit · Aug 10, 2016

We need not resolve the dispute over whether Ottawa County was Maat’s employer, or address the implications for the county’s sovereign immunity that an answer could create, cf. Pucci v. Nineteenth Dist. … In Aston, we recounted the overwhelming uncertainties in the plaintiff’s prognosis and rejected the notion that the plaintiff’s projected date of return could establish that his requested leave had a definite end.

Earl Patton Coal Co. v. Patton

848 F.2d 668 · Court of Appeals for the Sixth Circuit · Mar 29, 1988

The three regulations clearly preclude duplicate consideration of claims, and recognize a claimant’s statutory right to select review by either the S.S.A. or the Department of Labor. … because he was president and owner of the company; (3) that the employer’s evidence of other medical ailments did not rebut evidence that he was partially disabled by breathing problems, the evidence consisting of four qualifying

Geraldine Burley v. Jeffery Gagacki

834 F.3d 606 · Court of Appeals for the Sixth Circuit · Aug 22, 2016

Indeed, we have upheld the dismissal of a false arrest claim where a plaintiff was unable to “clearly identify” the police officer who made the arrest because she was 2 To the extent plaintiffs rely upon … And as the district court properly noted, a district court’s “decision to permit breaks at certain junctions during the trial testimony merely reflects ‘a judge’s ordinary efforts at courtroom administration’ and are ‘immune

United States v. Cook

13 F. App'x 331 · Court of Appeals for the Sixth Circuit · Jul 2, 2001

See U.S.S.G. § 3B1.1, cmt. n. 2 (“To qualify for an adjustment under this section, the defendant must have been the organizer, leader, manager, or supervisor of one or more other participants.” (emphasis added))'. … The district court, therefore, did not clearly err in concluding that the conspiracy consisted of at least five participants.

Pension Benefit Guaranty Corp. v. Dickens

719 F.2d 146 · Court of Appeals for the Sixth Circuit · Oct 10, 1983

This Plan was at all relevant times qualified under applicable provisions of the Internal Revenue Code, and was subject to the provisions of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq., including … Chamber of Commerce, contend that while Congress clearly intend *150 ed to prevent corporations from evading responsibilities toward funding their pension plans by manipulating the corporate form, a “wooden application” of

Diane M. Koch, Special Administratrix of the Estate of Curtis J. Koch, Deceased v. A. C. Gorrilla, M. D., and M. A. Gertz, M. D.

552 F.2d 1170 · Court of Appeals for the Sixth Circuit · Apr 15, 1977

Gorrilla testified' in substance that the symptoms and history related by decedent during his initial examination did not clearly indicate appendicitis or permit him to rule out other causes, such as food poisoning or an … Similar attempts to establish malpractice without expert medical testimony on the issue of negligence were rejected in Wrobel v.

Peter Neuber, M.D., Cross-Appellee v. Tawas St. Joseph Hospital, a Michigan Corporation, Michael L. Jones, George Schaiberger, Jr., M.D., Cross-Appellants

944 F.2d 905 · Court of Appeals for the Sixth Circuit · Sep 12, 1991

Neuber's allegations of defamation but also found the defendants to have qualified immunity against suit. … He cannot, therefore, overcome defendants' statutory qualified immunity. 6 Accordingly, we hereby affirm the judgment of the district court. Rule 9(b)(3), Rules of the Sixth Circuit. * The Honorable Eugene E.

Disabled American Veterans v. Commissioner of Internal Revenue

942 F.2d 309 · Court of Appeals for the Sixth Circuit · Sep 30, 1991

That clearly has not occurred here, and Berman is therefore inapposite. … Judge Swift, joined by three other judges, expressed this point cogently in his dissenting opinion, by stating: Unless we are prepared to overrule the controlling authority of this and other courts on this issue, the well-established

Shields v. Govt Employ

Court of Appeals for the Sixth Circuit · Jun 20, 2007

See Shields, 450 F.3d at 646 (holding that State Farm’s obligation to pay arose only because, once GEHA demanded reimbursement, GEHA’s initial payment to Shields no longer qualified as an “amount paid” under the coordination … Without establishing the date or dates on which State Farm’s obligation arose, however, Shields cannot establish when payment became “overdue” for the purpose of calculating penalty interest under § 500.3142.

La Voz Radio de la Communidad v. Federal Communications Commission

223 F.3d 313 · Court of Appeals for the Sixth Circuit · Aug 2, 2000

Cir.2000) (unpublished), in which the district court dismissed an essentially identical preemp *319 tive action brought by a microbroadcaster, concluding that it was an impermissible “end-run around the statutory scheme established … Putting to one side La Voz’s failure to assert a cognizable Bivens claim and FCC District Director Bridgewater’s obvious entitlement to qualified immunity, litigants “may not bypass the specific method that Congress has provided

Bodenhamer Building Corporation v. Architectural Research Corporation Ar-Lite Panelcraft, Inc. And American Standards Testing Bureau, Inc.

989 F.2d 213 · Court of Appeals for the Sixth Circuit · Mar 10, 1993

We agree with the district court that the defendants knew many of the allegations in Bodenhamer’s complaint to be true, and yet they denied them or, at best, qualified their admissions. … All of this work enabled the plaintiff to establish the legal merits of its position, and would need to have been performed regardless of the contents of the defendants’ answer.

United States Ex Rel. Prather v. Brookdale Senior Living Communities, Inc.

838 F.3d 750 · Court of Appeals for the Sixth Circuit · Sep 30, 2016

But that portion reiterates that “[i]n order for home health services to qualify for payment under the Medicare program the following requirements must be met: ... … Prather is merely stating that the form’s language indicated that a certification was being signed before care was provided when the act of signing in fact came after care had begun, the fact that the statute and regulations clearly

Holly Lawson v. Kayla Creely

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

The district court ultimately entered summary judgment in their favor, however, on the basis that they were entitled to qualified immunity. Id. at 502–03. … Establishing a  No. 24-5649 Lawson v. Creely, et al.

Michigan Bell Telephone Company v. Copper Range Railroad Company

355 F.2d 678 · Court of Appeals for the Sixth Circuit · Jan 21, 1966

The City of New York, 147 U.S. 72 , 13 S.Ct. 211 , 37 L.Ed. 84 (1893). 26 As we read the Clement and the McIver cases, they do not establish an unqualified right for a ship to proceed on the assumption that a drawbridge will … Co., supra, 123 F. at 273 . 28 It is clear, however, that in the instant case the qualified presumption that the bridge would open on signal was more sharply limited by different facts.

Bies v. Bagley

519 F.3d 324 · Court of Appeals for the Sixth Circuit · Feb 27, 2008

Taken together, these clearly established principles of federal law prohibit the State of Ohio from relitigating the issue of Petitioner’s mental retardation. A. … We believe that this prong has also been established here.

Amini v. Oberlin College

Court of Appeals for the Sixth Circuit · Mar 10, 2006

Andrews, whom he had known personally through his undergraduate tenure at Oberlin, does not establish a discriminatory animus. … Amini had a blemished background and, even if more qualified, he had not proven his qualifications with a complete application.

Samaan v. General Dynamics Land Systems, Inc.

835 F.3d 593 · Court of Appeals for the Sixth Circuit · Aug 31, 2016

With respect to the adverse employment action, Judge Rashid concluded that there was no genuine dispute of material fact that Samaan’s poor performance evaluation failed to qualify as an adverse employment action because … This permissive language establishes the parties’ agreement that Samaan’s claims could be resolved based on a dispositive motion without even a motion hearing, let alone an evidentiary hearing.

William E. Rowley and Ellen L. Rowley v. United States

76 F.3d 796 · Court of Appeals for the Sixth Circuit · Feb 27, 1996

. § 301.6103 (k)(6)-l(b)(6) (permitting disclosure of tax return information necessary to establish liens against a taxpayer’s assets, or to levy on, seize, or sell assets to satisfy any outstanding liability). … The material disclosed by the Internal Revenue Service was precisely the same information that was recorded in the Register of Deeds’ offices, and was clearly already a part of the public domain.