Case law

Elmer E. McDermitt v. United States

954 F.2d 1245 · Court of Appeals for the Sixth Circuit · Jan 29, 1992

would be plaintiff’s wife, Donna MeDermitt, a feature that might qualify the business for certain government projects set aside for minority-owned businesses. … Their testimony showed that plaintiff established Mid-America, started it financially, and appointed Miranda and Matthews to their positions as officers.

Williams v. Leatherwood

258 F. App'x 817 · Court of Appeals for the Sixth Circuit · Dec 20, 2007

. § 1988(a), (3) in holding that the Due Process Clause and the Equal Protection Clause did not provide a basis for liability under § 1983, (4) in declining to rule on Leatherwood’s claim of qualified immunity, (5) in granting … We find that these claims are without merit and therefore do not reach the 5 subsidiary issues of Leatherwood’s defense of qualified immunity and Knoxville’s potential

Ferndale Laboratories, Inc. v. Cavendish

79 F.3d 488 · Court of Appeals for the Sixth Circuit · Mar 21, 1996

The guidelines must include “requirements for the storage and handling of such drugs and for the establishment and maintenance of records of the distributions of such drugs.” 21 U.S.C. § 353 (e)(2)(B). … Thus, Ferndale qualifies for Ohio licensing by complying with federal and Michigan requirements; Ohio imposes no additional requirements related to these activities.

United States v. William Howard Garland

991 F.2d 328 · Court of Appeals for the Sixth Circuit · Apr 19, 1993

It is clearly material to the issue of Garland’s intent, and would likely have produced an acquittal had the jury been aware of it. … It corroborates Garland's story and thus helps establish his defense.

Jerry Lee Staley v. Kurt Jones

239 F.3d 769 · Court of Appeals for the Sixth Circuit · Feb 5, 2001

established Supreme Court precedent. … Given the absence of clear Supreme Court precedent on the subject, the White court’s opinion is not contrary to clearly established federal law, whether or not the Michigan statute lacks a scienter requirement.

Isabel v. City Of Memphis

404 F.3d 404 · Court of Appeals for the Sixth Circuit · Apr 11, 2005

Once all the components of the promotional process were tallied, this candidate was ranked as the second most qualified for promotion. … First, the plaintiff must establish a prima facie case of discrimination — i.e., the plaintiff must establish that an adverse impact has occurred.

United States v. Vasquez

Court of Appeals for the Sixth Circuit · Mar 23, 2009

All of this evidence establishes that Vasquez was reasonably capable of providing seven kilograms of cocaine to Winters. 2. … A defendant qualifies for a leadership enhancement if the district court concludes that he has exercised decisionmaking authority, recruited accomplices, received a larger share of the profits, was instrumental in the planning

Sister Rose Michael, S.L. v. Elizabeth Weiss, Personal Representative of the Estate of Lawrence F. Weiss, Deceased

831 F.2d 296 · Court of Appeals for the Sixth Circuit · Oct 22, 1987

The court ruled in the alternative that even if such a statement had been made, Sister Rose had failed to present sufficient evidence of malice to overcome Lawrence Weiss' qualified immunity as attorney for the estate of … Albert to testify and that it made clearly erroneous findings.

United States v. Algimantas Dailide,defendant-Appellant

227 F.3d 385 · Court of Appeals for the Sixth Circuit · Sep 5, 2000

”); and third, Dailide had to qualify for and receive a visa from the United States Department of State. … This report clearly rebuts Dailide’s contention that the Jews were merely detained and then released.

Fed. Sec. L. Rep. P 91,504 Jack E. Hart v. Pulte Homes of Michigan Corporation

735 F.2d 1001 · Court of Appeals for the Sixth Circuit · Jun 6, 1984

Buyers were responsible for locating financing for the transactions, but the brochure stated that Pulte Homes had arranged for the National Bank of Detroit to offer loans to qualified buyers. … The Ninth Circuit, in a case prior to Aldrich , held that promotional representations of intended development were insufficient to establish the necessary degree of commonality where the plaintiffs purchased land in an area

United States v. Timothy Capps, Dwayne Evans, Ray Parra

48 F.3d 1220 · Court of Appeals for the Sixth Circuit · Mar 10, 1995

48 F.3d 1220 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 of copies of cited unpublished … We will reverse a district court's ruling on this point only if it is clearly erroneous. United States v.

Maharg, Inc. v. Van Wert Solid Waste Management District

249 F.3d 544 · Court of Appeals for the Sixth Circuit · May 7, 2001

If Van Wert County had required that all locally generated waste be taken to a favored in-county facility, refusing to let facilities located elsewhere qualify as approved disposal sites, it is clear that the concerns expressed … disavowed in Complete Auto,” Justice White wrote in Quill, “was not just the formal distinction between ‘direct’ and 'indirect’ taxes on interstate commerce ... but also the whole notion .... that 'interstate commerce is immune

Richard Dotson v. Jerry Abramson and City of Louisville

47 F.3d 1168 · Court of Appeals for the Sixth Circuit · Jan 10, 1995

In this order, the court also stayed all discovery, with the exception of requiring Dotson to respond to interrogatories propounded by the defendants for the purpose of defining the issue of qualified immunity. 1 On April … On June 29, 1992, the district court issued an order granting summary judgment in favor of Abramson, concluding that he was entitled to qualified immunity on the remaining First Amendment claims. 12 On September 23, 1992,

Janice Kirchgessner, Personal Representative of the Estate of John Kirchgessner, Deceased, Cross-Appellant v. United States of America, Cross-Appellee

958 F.2d 158 · Court of Appeals for the Sixth Circuit · Apr 6, 1992

This waiver of sovereign immunity is not unlimited, however, for the Act also prohibits recovery of pre-judgment interest and punitive damages. Id. … To the extent it is clearly established, we apply Michigan law. When state law is silent or unclear, we apply federal law. A. Income Taxes Under Michigan Law Wrongful death recoveries under Michigan law are statutory.

Jarrett Hamilton v. General Electric Co.

Court of Appeals for the Sixth Circuit · Feb 12, 2009

Under these circumstances, Hamilton’s failure to comply with Blair’s orders clearly constituted refusal to comply with “specific work directions from your supervisor” as referenced in defendant’s August 15, 2005, termination … The majority’s holding merely encourages sanctioned employees like Hamilton to file discrimination charges, thereby obtaining “instant immunity” from their employers’ supervision and punishment.

Hurst v. Federal National Mortgage Ass'n

642 F. App'x 533 · Court of Appeals for the Sixth Circuit · Feb 23, 2016

. § 1983, asserting that Defendants’ actions in foreclosing on the Property violated her constitutional rights under the Due Process, Equal Protection, and Privileges and Immunities Clauses of the United States Constitution … Plaintiff argued that the affidavit clarifies that she does have sufficient interest in the Property to establish standing to challenge the foreclosure.

United States v. Christopher J. Mahan

190 F.3d 416 · Court of Appeals for the Sixth Circuit · Aug 31, 1999

“[T]he issue of whether a suspect is ‘in custody,’ and therefore entitled to Miranda warnings, presents a mixed question of law and fact qualifying for independent review.” Thompson v. … There is simply no requirement that the government establish the existence of a pattern of discrimination.

Donald Brooks v. James H. Rose, Warden

520 F.2d 775 · Court of Appeals for the Sixth Circuit · Jul 30, 1975

His sole claim was that evidence was totally lacking to establish that he was sane at the time he slashed the throats of two women and one man, with a straight razor, and that his due process rights were thereby violated. … Sparkman clearly indicates that where testimony as to the facts permits even an inference that the defendant was sane at the time of the offense charged, the jury is entitled to reject expert and lay opinion testimony to

Sylvester TIPLER, Plaintiff-Appellee, v. E. I. duPONT deNEMOURS AND CO., Inc., Defendant-Appellant

443 F.2d 125 · Court of Appeals for the Sixth Circuit · May 27, 1971

Both rules are qualified or rejected when their application would contravene an overriding public policy or result in manifest injustice. Title v. … Appellee’s union activity, asserted before both agencies as the cause of his discharge, was clearly the product of racial tension and hostility.

Gray v. SLC Coal Co.

176 F.3d 382 · Court of Appeals for the Sixth Circuit · May 24, 1999

Gray does not argue the existence of significant pulmonary or respiratory impairment, which would be relevant both to irrebuttably establishing death due to complicated pneu-moconiosis and to establishing disability under … The overall weight of the evidence clearly establishes that the miner does not have complicated pneumoconiosis.