Case law

Linda Horton v. GE

Court of Appeals for the Sixth Circuit · Sep 9, 2026

Government contractors are immune from liability for failure-to-warn claims only when “(1) the United States exercised its discretion and approved the warnings, if any; (2) the contractor provided warnings that conformed … But the party seeking removal bears the burden of establishing federal-court jurisdiction. Mays, 871 F.3d at 442.

The Mann And Parker Lumber Company v. Wel-Dri

579 F.2d 973 · Court of Appeals for the Sixth Circuit · Jun 20, 1978

Black or a qualified associate. 9 If the SUPER KILNS do not perform as specified above, MOORE OREGON will provide adequate production capacity to four (4) conventional dry kilns at no additional cost to THE MANN AND PARKER … an essential element of a contract has been reserved for future agreement. 36 In our opinion the findings of fact adopted by the District Court on the issue of liability are supported by substantial evidence and are not clearly

Louis Deniro, Frank Deniro and Michael Deniro v. United States

561 F.2d 653 · Court of Appeals for the Sixth Circuit · Aug 30, 1977

It is also contended by the government that the plaintiffs did not establish that the value of National Cigarette was less than the value assigned to it by an agent of the IRS. … The government would clearly be correct in asserting that such expenses are not deductible if the recovery in this case were for the benefit of the appellees personally.

Meijer, Inc., Petitioner/cross-Respondent v. National Labor Relations Board, Respondent/cross-Petitioner

463 F.3d 534 · Court of Appeals for the Sixth Circuit · Aug 21, 2006

Our precedents also establish that a § 8(a)(1) violation contains a knowledge *541 requirement. In Air Surrey Corp. v. … The repudiations in the two cases are therefore clearly dissimilar.

Wolverine Pipe Line Co. v. DOT, PHMSA

69 F.4th 365 · Court of Appeals for the Sixth Circuit · Jun 2, 2023

The plans state that Cooper ran “the modified ASME B31G calculations” and found that four anomalies qualified as 180-day conditions. … You stated very clearly the actions should occur upon discovery of the condition. What date was that?” PHMSA Counsel: “Wolverine’s date. That’s what — Wolverine’s discovery date was June 26.”

Kenneth D. Stevens v. Employer-Teamsters Joint Council No. 84 Pension Fund

979 F.2d 444 · Court of Appeals for the Sixth Circuit · Nov 16, 1992

for contributions or payments to be made by the Employer to such fund for those of its employees who have qualified under the terms of the said collective bargaining agreements and any pension plan or plans established thereunder … These include contentions that the district court: 1) clearly erred when it found that Stevens was covered at all times by the collective bargaining agreement; 2) clearly erred when it held the defendants should pay Stevens

Robinson Ex Rel. Robinson v. Shelby County Board of Education

566 F.3d 642 · Court of Appeals for the Sixth Circuit · May 21, 2009

The district court established new “racial ratios” for the racial composition of students and faculty which it expected to be met no later than October *647 2012. … Nonetheless, it is also well-established that “[p]ublie policy strongly favors settlement of disputes without litigation....

B & G Mining, Inc. v. Director, Office of Workers' Compensation Programs

522 F.3d 657 · Court of Appeals for the Sixth Circuit · Apr 16, 2008

We have established a “strong presumption” that the lodestar represents the “reasonable” fee, [Pennsylvania v. … Claimant’s attorney has extensive experience in black-lung benefits cases and is, by all accounts, highly qualified in this area of the law.

United States v. John P. Davern

937 F.2d 1041 · Court of Appeals for the Sixth Circuit · Sep 26, 1991

Subsection (a)(4) provides: the kinds of sentence and the sentencing range established for the applicable category of offense committed by the applicable category of defendant as set forth in the guidelines that are issued … Neither do the cases support the majority’s contention that conduct must be “of the same character” in order to qualify as relevant conduct for sentencing purposes.

Kentucky Waterways Alliance v. Johnson

540 F.3d 466 · Court of Appeals for the Sixth Circuit · Sep 3, 2008

Accordingly, the EPA has concluded that “neither approach is clearly superior and that either, when properly implemented, is acceptable.” Id. at 36, 782 . … Likewise, the EPA has indicated that in order to qualify as de minimus an exemption must have a cumulative cap on the reduction of assimilative capacity that may be caused by exempted discharges.

Vaso and Djela Perkovic v. Immigration and Naturalization Service

33 F.3d 615 · Court of Appeals for the Sixth Circuit · Aug 29, 1994

The Board held that the petitioners were not eligible for asylum because they did not qualify as "refugees." … With respect to the Board's decision, although it may be final in the sense that it was dispositive of the issue of whether petitioners are entitled to asylum, it clearly is not an order of deportation.

Annelore B. Norton and Lois Greiffendorf v. John Ashcroft

298 F.3d 547 · Court of Appeals for the Sixth Circuit · Jul 31, 2002

Sodema, 82 F.3d at 1376 (“A group cannot obtain constitutional immunity from prosecution by violating a statute more frequently than any other group.”). … Rather, a jurisdictional element “may establish that the enactment is in pursuance of Congress’ regulation of interstate commerce.”

Mohamed F. Ali v. Samuel Reed

62 F.3d 1417 · Court of Appeals for the Sixth Circuit · Jul 31, 1995

62 F.3d 1417 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 … Ali concedes as much, but he now argues that the defendant was only entitled to qualified immunity regarding the other factual allegations in his complaint.

Elizabeth Turpin v. Betty Kassulke, Warden, Cross-Appellee

26 F.3d 1392 · Court of Appeals for the Sixth Circuit · Aug 24, 1994

A fair reading of Brown’s statement, as I note below, clearly exculpates Turpin. … admitting this evidence was not to show state of mind, but to show Turpin’s character and that this was error under Kentucky law. 13 Although the Kentucky Supreme Court did not address this use of the evidence, it is well established

United States of America, Plaintiff-Appellant/cross-Appellee v. Jackson C. O'dell, Iii, Defendant-Appellee/cross-Appellant

247 F.3d 655 · Court of Appeals for the Sixth Circuit · Apr 24, 2001

Based on the above evidence, we hold that Defendant failed to satisfy his burden to establish eligibility under the safety valve provision and that the district court’s finding that he did establish such eligibility was clearly … f) and USSG § 5C1.2 was clearly erroneous.

Kelly Volpe v. Ginine Trim

708 F.3d 688 · Court of Appeals for the Sixth Circuit · Jan 8, 2013

A state court’s decision is “contrary to” clearly established federal law “if the state court arrives at a conclusion opposite to that reached by [the Supreme] Court on a question of law or if the state court decides a case … In this case, multiple sentences for one offense is a result contrary to clearly established federal law which qualifies Petitioner for a writ of habeas corpus under AEDPA[.]

United States v. Robert Doggart

947 F.3d 879 · Court of Appeals for the Sixth Circuit · Jan 15, 2020

Another was the principle that, unless Congress speaks “clearly,” the federal courts will not assume that it means to change the “federal-state balance in the prosecution of crimes.” Id. (quotation omitted). … Doggart claims that destroying religious property, his § 247 conviction, does not qualify as a crime of violence under the solicitation statute.

Mona Bronson v. Board of Education of the City School District of Cincinnati, Its Members, Etal.

525 F.2d 344 · Court of Appeals for the Sixth Circuit · Oct 30, 1975

the parties to the present action are foreclosed from “the relitigation of essential facts or issues which were previously litigated by the parties (or their privies) and judicially determined.” ' The district court was clearly … Both rules are qualified or rejected when their application would contravene an overriding public policy or result in manifest injustice. Tipler v. E. I. duPont deNemours and Co., 6 Cir., 443 F.2d 125, 128 (1971).

United States v. Marc Milton Leachman

309 F.3d 377 · Court of Appeals for the Sixth Circuit · Dec 18, 2002

It is equally clear that such facts must be established by proof beyond a reasonable doubt.” Id. at 490 , 120 S.Ct. 2348 citing Jones v. … An error is plain if it is clearly contrary to established rules of law. The Constitution places the burden of proof and production of evidence squarely upon the shoulders of the government. See United States v.

Sidney Diggs, IV v. Pepsi-Cola Metropolitan Bottling Co., Inc.

861 F.2d 914 · Court of Appeals for the Sixth Circuit · Jan 26, 1989

The result in Grant turned upon the absence of a clearly credible and established promise enforceable under Tous-saint. … Pepsi-Cola cites several cases for the proposition that front pay is inappropriate in cases such as the present one where the existence of future losses is not more clearly established. It first mentions Rodgers v.