Case law

MAL Ex Rel. ML v. Kinsland

543 F.3d 841 · Court of Appeals for the Sixth Circuit · Oct 7, 2008

The school additionally argues that the district court's award of damages was inappropriate and that the individual defendants are entitled to qualified immunity. II. … Clearly, the prohibition of expression of one particular opinion, at least without evidence that it is necessary to avoid material and substantial interference with schoolwork or discipline, is not constitutionally permissible

Alphonse Lewis, Jr. v. City of Grand Rapids

356 F.2d 276 · Court of Appeals for the Sixth Circuit · Feb 16, 1966

The Liquor Control Commission did not consider this then 23 year old girl qualified to operate the bar and an initial step in Mr. … Then you have two establishments, colored establishments for a city of 200,000.

Toledo Police Patrolman's Association v. City of Toledo

904 F.2d 36 · Court of Appeals for the Sixth Circuit · Jun 1, 1990

established so as to deprive Stiles and Navarro of immunity for their actions. … Even if a violation did occur, and it was of constitutional dimensions, these constitutional rights were not so "clearly established" as to deprive Navarro and Stiles of qualified immunity under Harlow v.

Estate of Riddle Ex Rel. Riddle v. Southern Farm Bureau Life Insurance

421 F.3d 400 · Court of Appeals for the Sixth Circuit · Aug 26, 2005

Under controlling Kentucky case law, that evidence establishes that the company acted in good faith in declining to issue a policy of life insurance in this case. … Expert medical testimony revealed that psoriatric arthritis and rheumatoid arthritis are both auto-immune diseases; they share the same symptoms; and they are routinely confused with one another, even by medical experts,

Kruse v. City Of Cincinnati

142 F.3d 907 · Court of Appeals for the Sixth Circuit · Jun 18, 1998

Discussion of public issues and debate on the qualifications of candidates are integral to the operation of the system of government established by our Constitution. … A majority of the Court joined in holding independent expenditures immune from regulation as a matter of law. 14 29 3.

In re: Frank Lawrence, Jr.

Court of Appeals for the Sixth Circuit · Dec 29, 2022

Thus, the district court denied Lawrence’s petition for failing “to establish that he possesses the good moral and professional character required for admission to practice” in the court. … The Supreme Court held that such refusal violated the Privilege and Immunities Clause of Article IV of the Constitution. Id. at 288.

Spisak v. Mitchell

465 F.3d 684 · Court of Appeals for the Sixth Circuit · Oct 20, 2006

For purposes of 28 U.S.C. § 2254 (d)(1), “clearly established law ... … Rather, the issue is whether the state court’s application of clearly established federal law is “objectively unreasonable.” Id. at 409 , 120 S.Ct. 1495 .

Dismas Charities Inc v. DOJ Fed Bur Prisons

Court of Appeals for the Sixth Circuit · Mar 11, 2005

Second, although not formally relevant, the absence of competitor standing may render some agency actions effectively immune from judicial review. … Clearly, the memo simply determines what the law is, and does so by reliance upon a legal interpretation by the OLC.

Williams v. Anderson

Court of Appeals for the Sixth Circuit · Aug 28, 2006

Clearly Established Federal Law The Supreme Court first articulated the now familiar two part test for determining whether counsel is ineffective in Strickland v. … Washington, 466 U.S. 668 (1984), and “[i]t is past question that the rule set forth in Strickland qualifies as ‘clearly established Federal law, as determined by the Supreme Court of the United States.’”

Richard Wershe, Jr. v. United States

Court of Appeals for the Sixth Circuit · Aug 8, 2024

Wershe does not argue, nor does he appear to qualify, for any of Michigan’s statutory grounds for tolling.3 See, e.g., Mich. Comp. … Laws § 600.5855 3 Wershe previously would have qualified for two of Michigan’s statutory grounds for tolling, but neither applies now.

Ella M. DAVIS, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

867 F.2d 336 · Court of Appeals for the Sixth Circuit · Feb 13, 1989

Prohibiting some otherwise qualified survivors from receiving benefits, the regulation provides in relevant part: (b) Person’s death caused by an intentional act. … Since intent is a state of mind, it is seldom established by direct proof but must be inferred from facts.

International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America (Uaw), and Local 134, Uaw v. Yard-Man, Incorporated

716 F.2d 1476 · Court of Appeals for the Sixth Circuit · Sep 9, 1983

Employee Retirement Income Security Act of 1974 (ERISA), and the Improved Plan, a non-qualified plan under ERISA. … Post, 146 F.2d 441 (2d Cir.1944), “[a] condition precedent to a valid accord and satisfaction is the establishment of a bona fide dispute over liability.”

National-Southwire Aluminum Co. v. United States Environmental Protection Agency

838 F.2d 835 · Court of Appeals for the Sixth Circuit · Feb 1, 1988

The Supreme Court has established a two-step procedure for judicial review of statutory construction by an administrative agency. … Clearly, while the statutory definition does not specifically reference or include pre-ex-isting pollution control equipment, it certainly does not exclude it either.

Hussam F. v. Jefferson B. Sessions, III

897 F.3d 707 · Court of Appeals for the Sixth Circuit · Jul 27, 2018

In other words, although the BIA may consider an alien's failure to comply with established immigration procedures, it may not do so to the practical exclusion of all other factors. … Petitioner argues that, having qualified for the waiver at the time of his second admission, he can use the waiver to cure his inadmissibility at the time of his first admission as well.

Kareem Yehia v. Rouge Steel Corporation

898 F.2d 1178 · Court of Appeals for the Sixth Circuit · May 7, 1990

Nor is the ship made immune because part of McCoy's duties include cleaning oil spills.” Id. at 1198 . … The Peymann instruction clearly ought not to have been given under the circumstances of this case. See Joia v.

Dan Wilson v. Safelite Group, Inc.

930 F.3d 429 · Court of Appeals for the Sixth Circuit · Jul 10, 2019

Page 7 (or earnings allocable thereto) are required to be invested in qualifying employer securities or qualifying employer real property or both. . . .”) (emphasis added). … Wilson does not dispute that the Safelite Plan is expressly established to be a deferred compensation plan.

Mack Quarrels, Jr. v. Jeffery D. Huslak Two Unknown Named Agents, of Tri County Metro Narcotics in Their Individual Capacities

898 F.2d 154 · Court of Appeals for the Sixth Circuit · Mar 12, 1990

The district court concluded that defendants are entitled to qualified immunity and granted defendants' motion for summary judgment. … Upon consideration, we conclude that defendants are entitled to qualified immunity under the undisputed facts of this case. See Harlow v.

Sanic v. Holder

343 F. App'x 62 · Court of Appeals for the Sixth Circuit · Aug 20, 2009

To establish eligibility for asylum, Sanie must demonstrate that he qualifies as a refugee. 8 C.F.R. § 1208.13 (b); 8 U.S.C. § 1158 (b)(1)(A). … Sanie argues that the threats of violence and physical beating he and his family received at the hands of the guerrillas during the single encounter in May 1990 “clearly establishfed]” that he “was the victim of past persecution

Allabani v. Gonzales

Court of Appeals for the Sixth Circuit · Mar 28, 2005

The Attorney General may grant asylum to any person who qualifies as a “refugee.” 8 U.S.C. § 1158(b). … The Board found that Kulics was clearly ineffective; however, because Allabani still failed to establish prima facie eligibility, Kulics’ performance, therefore, could not be considered prejudicial.

Robert J. Skalka v. Fernald Environmental Restoration Management Corporation

178 F.3d 414 · Court of Appeals for the Sixth Circuit · May 19, 1999

We do not suggest that a plaintiff cannot establish age discrimination when only one of several older employees is treated differently from younger employees. … In addition, Skalka's discharge involved a dramatic departure from established company procedures and was therefore highly "visible" to top management.