Case law

United States v. Kevin Labona

689 F. App'x 835 · Court of Appeals for the Sixth Circuit · Apr 27, 2017

Turner, 936 F.2d 221, 223 (6th Cir. 1991) (“[I]nformal immunity arises by way of assurances [from] prosecutors, either orally or by letter, to a potential grand jury witness that he will be immune from any prosecution based … Streebing therefore offers no support for Labona’s position.1 Because he cannot establish that the government communicated any commitment or assurance not to prosecute him, we find no error, plain or otherwise.

Marketing Displays, Inc. v. Traffix Devices, Inc.

200 F.3d 929 · Court of Appeals for the Sixth Circuit · Dec 29, 1999

This factor clearly favors MDI. B. Relatedness of the goods TrafFix does not contest on appeal the district court’s finding that the parties’ goods are related. Hence, this factor clearly favors MDI. C. … Hence, this factor clearly favors MDI. F.

Tabatha Manley v. Paramount's Kings Island

299 F. App'x 524 · Court of Appeals for the Sixth Circuit · Nov 3, 2008

App’x 390, 391, 394 (6th Cir. 2001) (affirming the district court’s denial of qualified immunity for an officer who did not have sufficient justification for a - 10 - Terry … Apr. 25, 1994) (concluding that despite the state court’s dismissal for lack of probable cause, Officer Payne was entitled to qualified immunity because he could have reasonably believed probable cause existed); Williams

Am. Premier Underwriters v. GE

14 F.4th 560 · Court of Appeals for the Sixth Circuit · Sep 21, 2021

The district court did not clearly err in reaching its factual conclusions. b. … So the analysis turns on when SEPTA and Conrail’s right to indemnification became “fixed and established.” See Coleman, 204 A.2d at 261. The answer is 1999.

Dickenson v. Cardiac and Thoracic Surgery

Court of Appeals for the Sixth Circuit · Oct 25, 2004

In fact, “the text of Rule 702 expressly contemplates that an expert may be qualified on the basis of experience.” Fed. R. … In this case, however, the uncontroverted evidence establishes that Dr. Michalik called upon Dr. Rosser to “assume that responsibility” and “it was Dr. Rosser who ordered the extubation of the tube.”

Rosen v. Tennessee Commissioner of Finance & Administration

288 F.3d 918 · Court of Appeals for the Sixth Circuit · May 6, 2002

The burden of establishing standing is on the party seeking federal court action. Id. at 561-62 , 112 S.Ct. 2130 . … It is clearly established that “[a]l~ legations of possible future injury do not satisfy the requirements of Art. III. A threatened injury must be certainly impending to constitute injury in fact.” Whitmore v.

Kenneth James Lowe v. Walbro, LLC

Court of Appeals for the Sixth Circuit · Aug 5, 2025

But Lowe’s counsel clearly had the opportunity to ask Lowe about his deposition testimony on redirect examination. … The framework functions as follows: The McDonnell Douglas analysis requires a plaintiff first to establish a prima facie case of discrimination by establishing that (1) he is a member of a protected

Summa Holdings v. Comm'r of Internal Revenue

848 F.3d 779 · Court of Appeals for the Sixth Circuit · Feb 16, 2017

In 2001, James III and Clement each established a Roth IRA and contributed $3,500 apiece. … And Congress established Roth IRAs and their authority to own shares in corporations (including DISCs) for the purpose of lowering taxes.

Aaron COOLEY, Plaintiff-Appellee, v. CARMIKE CINEMAS, INC., Defendant-Appellant

25 F.3d 1325 · Court of Appeals for the Sixth Circuit · Jun 14, 1994

discrimination (“a member of a protected class”); (2) he was subjected to adverse employment action; (3) he was qualified for the position; and (4) he was replaced by a younger person. … company that NCR sought to establish a new “younger image” for the company.

United States v. Kevin Joseph Pluta

144 F.3d 968 · Court of Appeals for the Sixth Circuit · May 22, 1998

Although Pluta at different points during the process denied “dry-firing” a gun at motorists and firing a gun at Officer Ladnier, these denials do not relate to any of the elements necessary to establish Pluta’s guilt for … But we need not explore this issue further, since we find that Pluta’s November 1990 conviction clearly does qualify as a “burglary” for purposes of § 924(e).

National Labor Relations Board, and Amalgamated Clothing and Textile Workers Union, Afl-Cio-Clc, Intervenor v. American Olean Tile Company, Inc.

826 F.2d 1496 · Court of Appeals for the Sixth Circuit · Oct 15, 1987

In the absence of such a right, an employer may establish a new recall procedure so long as it is "applied consistently." Lone Star Industries, Inc., 279 N.L.R.B. No. 78, 1985-86 CCH NLRB p 17,980 at 30,889. … prestrike position), enforcing, 171 N.L.R.B. 1366 (1968), cert. denied, 397 U.S. 920 , 90 S.Ct. 928 , 25 L.Ed.2d 100 (1970). 32 Moreover, the "entitlement to an offer" which the Court announced in Fleetwood Trailer was clearly

Linkletter v. Western & Southern Financial Group, Inc.

851 F.3d 632 · Court of Appeals for the Sixth Circuit · Mar 23, 2017

. § 4112.02(I) appears in a footnote, holding that Linkletter never established she engaged in activity protected under the statute. See Linkletter v. … A plain-meaning understanding of the word “encouraged” clearly covers the act of signing a petition advocating support for a women’s shelter.

Michael v. Caterpillar Financial Services Corp.

496 F.3d 584 · Court of Appeals for the Sixth Circuit · Jul 31, 2007

In order to establish a prima facie case, Michael must show that she (1) is a member of a protected group, (2) suffered an adverse employment action, (3) was qualified for the position, and (4) was replaced by a person outside … This more liberal definition permits actions not materially adverse for purposes of an anti-discrimination claim to qualify as such in the retaliation context.

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.

Robert Carl Foley v. Philip Parker, Warden, Kentucky State Penitentiary

481 F.3d 380 · Court of Appeals for the Sixth Circuit · Mar 22, 2007

established federal law. … Id. at 695 , 104 S.Ct. 2052 . *387 Performance As the only “clearly established federal law” relevant to Foley’s appeal, we look to Strickland to gauge Foley’s claims.

United States v. Mazzio

48 F. App'x 120 · Court of Appeals for the Sixth Circuit · Sep 27, 2002

Hence, even if Mazzio did not own or even have possession of the second phone, the connection between himself and Ricardo is nonetheless established through the first. … Any such statement, therefore, can hardly qualify as “newly discovered.”

United States v. Jackson

678 F.3d 442 · Court of Appeals for the Sixth Circuit · May 8, 2012

“Working backward,” the crack cocaine guidelines were clearly “a relevant part of the analytic framework” used by the district court to determine Jackson’s ultimate sentence. … As the plea agreement anticipated, however, Jackson’s two prior drug crimes meant that he qualified as a career offender.

Joe Evans v. John Kirk

Court of Appeals for the Sixth Circuit · Jun 19, 2019

The officers are entitled to qualified immunity unless they violated the Evanses’ clearly established constitutional rights. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982).

Braun v. Ann Arbor Charter Township

519 F.3d 564 · Court of Appeals for the Sixth Circuit · Mar 13, 2008

The plaintiffs clearly fail to meet this standard. … These stated reasons, which we have no reason to doubt, clearly defeat any argument that the decision had “no rational relationship to any public purpose.” See Warren, 411 F.3d at 705 .

Grayson v. Board of Educ. of Jefferson County, Ky.

875 F.2d 864 · Court of Appeals for the Sixth Circuit · May 30, 1989

875 F.2d 864 Unpublished Disposition 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 … immunity in this civil rights employment action. 3 This Court has held that an order granting qualified immunity is not a final, appealable order under 28 U.S.C.