Case law

Board of Supervisors of Presque Isle County v. Thompson

61 F. 914 · Court of Appeals for the Sixth Circuit · May 8, 1894

The foregoing statute and authorities have application to primary school districts established by school inspectors under general laws. … It was within the power of the legislature to impose such a liability, and it was clearly its intention to do so.

Adrian & Blissfield Railroad v. Village of Blissfield

550 F.3d 533 · Court of Appeals for the Sixth Circuit · Dec 18, 2008

Barrois, 533 F.3d 321, 332 (5th Cir.2008). 5 The STB’s approach is persuasive because the STB was authorized by Congress to administer the Termination Act and is therefore “uniquely qualified to determine whether state law … As the Fifth Circuit recently noted, “the STB has clearly identified where routine crossing disputes, such as the one at issue in this case, fall in this scheme of ICCTA preemption.” Id.

Nos. 13551, 13552

266 F.2d 515 · Court of Appeals for the Sixth Circuit · May 13, 1959

Also appellant has the burden of proof in establishing the damage. United States ex rel. Tennessee Valley Authority v. Powelson, 319 U.S. 266 , 63 S.Ct. 1047 , 87 L.Ed. 1390 . … Clearly the injury done to the property by the presence of power lines and steel towers is not merely speculative.

No. 13551

266 F.2d 515 · Court of Appeals for the Sixth Circuit · May 13, 1959

Also appellant has the burden of proof in establishing the damage. United States ex rel. Tennessee Valley Authority v. Powelson, 319 U.S. 266 , 63 S.Ct. 1047 , 87 L.Ed. 1390 . … Clearly the injury done to the property by the presence of power lines and steel towers is not merely speculative.

Rollie M. Holden v. Joseph A. Califano, Secretary of Health, Education and Welfare

641 F.2d 405 · Court of Appeals for the Sixth Circuit · Feb 18, 1981

Clearly an individual may legitimately try to conduct his business affairs in such a manner as to improve his social security benefits, but it is necessary to look beyond the form and determine whether, in fact, the claimant … An individual has a right to discontinue his self-employment at any time by transferring his business to other members of his family, and the fact that he does so to qualify for retirement benefits makes the transfer no less

United States v. John C. Sheffey

57 F.3d 1419 · Court of Appeals for the Sixth Circuit · Sep 20, 1995

But once the jury heard all of the evidence on the scope of Babcock’s duty, it was as qualified as Green to determine , whether Babcock breached that duty. … Leonardos responses were more detailed, but they still clearly reflected that they understood the question. .

United States v. Ricky A. Caruthers

458 F.3d 459 · Court of Appeals for the Sixth Circuit · Aug 11, 2006

convictions and Caruthers does not dispute that his prior drug conviction qualifies. … In the second case, we clearly identified the version of the statute we examined, and it was identical to the definition under which Caruthers was convicted. Compare United States v.

United States v. Dwayne Robinson, Jr.

133 F.4th 712 · Court of Appeals for the Sixth Circuit · Apr 7, 2025

Over Robinson’s objection, the court also found that he qualified for a mandatory-minimum sentence of 180 months’ imprisonment under the Armed Career Criminal Act. … We appear to have established this test in 1983—a decade before the Supreme Court adopted its general four-part test for plain error in Olano. 507 U.S. at 732–36; see United States v.

Circuit City Stores, Inc. v. Carmax, Inc. Philip Artz Harold Artz

165 F.3d 1047 · Court of Appeals for the Sixth Circuit · Jan 22, 1999

Specifically, the defendants argue that the District Court’s factual findings were clearly erroneous with regard to the extent of the defendants’ prior use of the CarMax mark. … The District Court’s disregard of the limited evidence of the CarMax radio ads was not clearly erroneous, and the remainder of the evidence before the Court simply was inadequate to establish a senior right to the CarMax

City of White Plains v. A & S Galleria Real Estate, Inc. (In re Federated Department Stores, Inc.)

270 F.3d 994 · Court of Appeals for the Sixth Circuit · Nov 6, 2001

If a tax qualifies for the eighth priority under § 507(a)(8), it is disqualified from the first priority accorded to administrative expenses. … The property taxes in this case were clearly not assessed prepetition. Thus they cannot be considered filed prepetition under § 502(i).

Quality Castings Company v. National Labor Relations Board

325 F.2d 36 · Court of Appeals for the Sixth Circuit · Dec 7, 1963

A sliding scale of payments was established, based upon the number of days an employee was absent from his job without excuse. … consecutive or ten-day total non-excused absence dis *39 qualification rule of the former plan, resulted in the 64 employees, who were not rehired after the strike, plus seven other employees whose status is unknown, failing to qualify

Tumblebus Inc v. Cranmer

Court of Appeals for the Sixth Circuit · Jan 13, 2005

A district court has abused its discretion if it has “relied upon clearly erroneous findings of fact, improperly applied the governing law, or used an erroneous legal standard.” … Thus, we conclude that the district court did not clearly err in finding that TUMBLEBUS is not a generic term incapable of obtaining protected status.

Klepsky v. United Parcel Ser

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

A person with a history of seizures who takes anti-seizure medication is not medically qualified to drive under DOT regulations. 49 C.F.R. … Klepsky was clearly subject to an adverse employment action when he was fired from UPS, and thus only the first and third elements of the prima facie case are in dispute.

United States v. Lee Augarten, Ronald Terry

21 F.3d 428 · Court of Appeals for the Sixth Circuit · Apr 4, 1994

The district court's conclusion is not clearly erroneous. 54 B. … Section 3E1.1 states in pertinent part: 56 If the defendant clearly qualifies for a decrease under subsection (a), the offense level determined prior to the operation of subsection (a) is level 16 or greater, and the defendant

Steven Woodward v. Raymond D'Onofrio

674 F. App'x 563 · Court of Appeals for the Sixth Circuit · Jan 27, 2017

After the district court denied the officer’s motion for summary judgment raising qualified immunity, the officer filed this interlocutory appeal. … D’Onofrio moved for summary judgment based on qualified immunity.

Hi-Lex Controls, Inc. v. Blue Cross and Blue Shield of Mich.

751 F.3d 740 · Court of Appeals for the Sixth Circuit · May 14, 2014

In Seaway, however, we qualified our holding by Nos. 13-1773/1859 Hi-Lex Controls, et al. v. Blue Cross Blue Shield of Mich. … Page 6 paychecks and sent to BCBSM to pay claims and administrative costs qualify as plan assets.2 See U.S. Dep’t of Labor, Advisory Op.

Northern Ohio Lung Association and Patricia Smith v. Environmental Protection Agency, Russell Train, Administrator, Ohio Edison Company, Buckeye Power, Inc., and Ohio Power Company v. Environmental Protection Agency, Russell E. Train, Administrator, the Toledo Edison Company v. Environmental Protection Agency, Russell E. Train, Administrator, the Cleveland Electric Illuminating Company v. Environmental Protection Agency, Russell E. Train, Administrator

572 F.2d 1143 · Court of Appeals for the Sixth Circuit · Feb 2, 1978

The State of Ohio established the attainment date in question through a revision to its State Implementation Plan (SIP) filed under the Clean Air Act, 42 U.S.C. § 7401 et seq. 1 The petitioning utilities challenge the attainment … By reviewing the data presented for his consideration and clearly articulating his conclusion, the Administrator acted within the scope of his discretion.

Blair v. Henry Filters, Inc.

505 F.3d 517 · Court of Appeals for the Sixth Circuit · Oct 15, 2007

adverse employment decision; (3) he or she was qualified for the job or promotion; and (4) the employer gave the job to a younger employee. … Further, the record does *534 not clearly indicate even when Henry Filters’s plan for workforce reduction began.

Higuchi International Corp v. Autoliv ASP, Inc.

Court of Appeals for the Sixth Circuit · May 29, 2024

Page 10 qualifying, ambiguous language that muddles any of Autoliv’s potential obligations to buy parts from Higuchi. … Importantly, for Autoliv to succeed on the merits, it must show that the purchase orders, on their face, clearly and precisely establish the set share of its requirements that it must purchase from Higuchi.

United States v. Calvin Cogdill

130 F.4th 523 · Court of Appeals for the Sixth Circuit · Mar 3, 2025

Cogdill Page 18 and indeterminate, unquestionably qualifies as structural error.” Sullivan, 508 U.S. at 281–82 (cleaned up). … Where Circuit precedent clearly violates established Supreme Court precedent, it is our duty to disregard the Circuit’s erroneous holding, and as soon as possible, to alter the Circuit’s law to faithfully reflect the Supreme