Case law

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.

United States v. Tabaja

91 F. App'x 405 · Court of Appeals for the Sixth Circuit · Feb 23, 2004

Rather, defendant argues that, because the record does not clearly establish the length of time between when Norma first learned of the kidnapping and when she made the contested statement to Hunt, the record fails to demonstrate … While the record does not clearly establish the exact time interval between the startling event and the contested statement, it does demonstrate that this interval, at its outermost, could not have exceeded eleven hours.

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

United States v. Johnny Temple

25 F.3d 1052 · Court of Appeals for the Sixth Circuit · May 20, 1994

As to Mays, a forensic chemist with the Tennessee Bureau of Investigation Criminal Laboratory, Temple argues that the district court erred by qualifying her as an expert witness. … In rare situations a defendant may clearly demonstrate an acceptance of responsibility for his criminal conduct even though he exercises his constitutional right to a trial.

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.

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,

Tennessee, Alabama & Georgia Ry. Co. v. Commissioner of Internal Revenue

187 F.2d 826 · Court of Appeals for the Sixth Circuit · Mar 14, 1951

For a succinct opinion grounded upon the well established proposition that substance and not form determines the applicability of a taxing act, see Labrot v. … The findings of fact of the Tax Court, however, must not be set aside unless clearly erroneous. Civil Procedure Rule 52(a), 28 U.S.C.A. See Commissioner of Internal Revenue v.

Lathfield Investments, LLC v. City of Lathrup Village, Mich.

136 F.4th 282 · Court of Appeals for the Sixth Circuit · Apr 28, 2025

Bare allegations of differential treatment are insufficient to establish an equal protection violation. … Coulter, we addressed whether the Contracts Clause amounts to a “right, privilege, or immunity” secured by the Constitution that is enforceable under § 1983. 865 F.3d 339, 345 (6th Cir. 2017).

Overseas Motors, Inc. v. Import Motors Ltd.

519 F.2d 119 · Court of Appeals for the Sixth Circuit · Jun 2, 1975

It also carried out training programs, advertised extensively, and cooperated with ANAU in helping it qualify NSU autos under American safety and emissions standards. … The court found that the proofs offered totally failed to establish the requisite restraint of trade under either of these theories.

Lisa Kay Goins v. St. Elizabeth Med. Ctr.

Court of Appeals for the Sixth Circuit · Jan 22, 2024

It is well established in our circuit that a private entity may immediately appeal an order denying an affirmative defense of statutory immunity when the statute “provides immunity from suit, as opposed to immunity simply … Like an order denying qualified immunity, an order denying statutory immunity conclusively resolves an issue separate from the merits of the action.

In Re Buren

725 F.2d 1080 · Court of Appeals for the Sixth Circuit · Jan 23, 1984

The current Title XVI, the product of the 1972 amendments that consolidated and expanded several previous programs, established a welfare program for needy individuals who are aged, blind, or disabled. 30 Section 407 is a … Sec. 1006 (8) (repealed 1978) 2 The Administration does not dispute that the Code nullifies any possible claim of sovereign immunity. 11 U.S.C.

Harris v. Morris

983 F.2d 1066 · Court of Appeals for the Sixth Circuit · Jan 6, 1993

983 F.2d 1066 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 … The same result could have been reached by applying the immunity afforded to states by the Eleventh Amendment.

Jeffrey D. Brierly, Administrator of the Estate of Paul Brierly v. Alusuisse Flexible Packaging, Inc. David Ellison

184 F.3d 527 · Court of Appeals for the Sixth Circuit · Jul 30, 1999

Thus, in the interest of comity and federalism, federal jurisdiction should be exercised only when it is clearly established, and any ambiguity regarding the scope of § 1446(b) should be resolved in favor of remand to the … The defendants took many precautions, albeit clearly not enough, and placed Brierly furthest away from the washer in the “fire watch” line.

Geboy v. Brigano

Court of Appeals for the Sixth Circuit · Jun 11, 2007

A state-court decision involves an unreasonable application of this Court’s clearly established precedents if the state court applies this Court’s precedents to the facts in an objectively unreasonable manner … Accordingly, we find that the Ohio court’s rejection of Petitioner’s sufficiency challenge was wholly consistent with, and not at all contrary to, the clearly established federal law governing this subject.

Deja Vu of Nashville, Inc. v. Metro. Gov't of Nashville

Court of Appeals for the Sixth Circuit · Mar 13, 2020

Immunity Claims Schipani and Molette3 assert immunity as witnesses under Tenn. Code Ann. … The statute also provides that “[a] person prevailing upon the defense of immunity provided for in this section shall be entitled to recover costs and reasonable attorneys’ fees incurred in establishing the defense.”

United States v. Ham

628 F.3d 801 · Court of Appeals for the Sixth Circuit · Jan 7, 2011

Personal Use Quantities Defendant argues that the district court clearly erred by allowing Agent Lewis to testify beyond his area of expertise. … Three of the instances are clearly in reference to the proper argument that Defendant is a convicted felon, an element of the crime of being a felon in possession of a firearm.

Joyce M. Fultz v. Larry Edward Gilliam

942 F.2d 396 · Court of Appeals for the Sixth Circuit · Aug 21, 1991

Jones, 542 F.2d 661, 667 (6th Cir.1976), we examined a case presenting facts very similar to those now before us to hold that no implied inter-spousal immunity exception exists to insulate a husband from the criminal penalties … In the ensuing divorce proceeding in July, 1985, the defendant introduced facts acquired from tapes in order to establish marital misconduct by his wife.

Northern Group Services, Inc. v. Auto Owners Insurance

833 F.2d 85 · Court of Appeals for the Sixth Circuit · Nov 13, 1987

Are they thereby totally immune from traditional state insurance regulation? Upon full consideration of the statutory scheme, we conclude that they are not. … that this would be a salutary development in an area that would overlap and inevitably conflict with established state insurance jurisprudence.

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.