Case law

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

170 F.3d 583 · Court of Appeals for the Sixth Circuit · Mar 12, 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 farthest away from the washer in the “fire watch” line.

In Re: George D. Newpower, Jr., Debtor. Robert Kitchen Harriet Kitchen New Properties, Inc., Movants-Appellees/cross-Appellants v. James W. Boyd, Chapter 7 Trustee, Respondent-Appellant/cross-Appellee

233 F.3d 922 · Court of Appeals for the Sixth Circuit · Dec 7, 2000

Further, both qualify as theft crimes under the common law. … The Kitchens qualify under the second condition set forth in §362(d).

Timothy J. Grendell Gerald W. Phillips, Plaintiffs-Appellants/cross-Appellees v. The Ohio Supreme Court, Defendants-Appellees/cross-Appellants

252 F.3d 828 · Court of Appeals for the Sixth Circuit · Jun 5, 2001

Consequently, Feldman could not make a collateral attack in federal district court on the District of Columbia Court of Appeals decision to dismiss the bar application, since that decision involved whether Feld-man would be qualified … Even if this Court were to construe the Supreme Court’s language in Feldman as an implication that the litigants had achieved standing, the facts of that case are clearly distinguishable from the present case.

Med Corp., Inc. v. City of Lima and David J. Berger, Both Individually and in His Capacity as Mayor of the City of Lima, Ohio

296 F.3d 404 · Court of Appeals for the Sixth Circuit · Jul 12, 2002

The Court explained that “[t]o have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. … Thus, the fact that Mayor Berger acted in his official capacity as mayor does not immunize him from being sued as an individual under § 1983.

United States v. Coleman

655 F.3d 480 · Court of Appeals for the Sixth Circuit · Aug 24, 2011

It is well established that burglary and attempted burglary in Ohio “involve[] conduct that presents a serious potential risk of physical injury to another.” … Ohio’s third-degree burglary statute, though broader than generic burglary, is clearly “similar in kind” to generic burglary.

Inre: Dale Brookover v.

Court of Appeals for the Sixth Circuit · Dec 19, 2003

The bankruptcy court denied the established . . . the courts may take it as given that Congress UST’s motion to reconsider in a published opinion. … bankruptcy administration of a trustee’s voluntary resignation. 11 U.S.C. court stated that “[r]esort to common law is not proper in the § 324 states: face of a [Bankruptcy] Code section clearly

Tina Varlesi v. Wayne State University

643 F. App'x 507 · Court of Appeals for the Sixth Circuit · Mar 7, 2016

and hands-on “field” work doing actual social work at an agency under the tutelage of a (purportedly) licensed, qualified social worker. … court also granted summary judgment on Varlesi’s other claims against the WSU defendants (i.e., marital status discrimination, R. 81 at 39; sexual harassment, R. 81 at 48; and due process, via qualified immunity, R. 81

Clarence Phillips v. William S. Neil, Warden, Tennessee State Penitentiary

452 F.2d 337 · Court of Appeals for the Sixth Circuit · Dec 7, 1971

Snapp was not the custodian of the report; nor could she qualify as an “other qualified witness” under the terms and provisions of the statute. … United States, 315 U.S. 60, 70-71 [ 62 S.Ct. 457, 464-465 , 86 L.Ed. 680 ], and for a waiver to be effective it must be clearly established that there was “an intentional relinquishment or abandonment of a known right or

Dwan Bray v. Bon Secours Mercy Health, Inc.

97 F.4th 403 · Court of Appeals for the Sixth Circuit · Mar 29, 2024

HealthSource applied to become a federally qualified health center to “provide[] primary care to people who are either uninsured, underinsured or in need of care in a community.” DE 32-1, Patton Dep., Page ID 607. … By contrast, government substitution doesn’t conclusively establish jurisdiction under the FSHCAA. O’Brien v. United States, 56 F.4th 139, 147 n.6 (1st Cir. 2022).

James Fite v. Alton Hesson, Acting Warden Ray Hatfield Turney Center Hospital Staff Tennessee Department of Corrections State of Tennessee

898 F.2d 153 · Court of Appeals for the Sixth Circuit · Mar 16, 1990

An example of a case lacking an arguable basis in law is a case which involves an immunity defense. 109 S.Ct. at 1833 . … Although the defendants may have been negligent, they clearly did not act with deliberate indifference.

Samuel Moreland v. Margaret Bradshaw

699 F.3d 908 · Court of Appeals for the Sixth Circuit · Nov 15, 2012

Moreland points to no clearly established Supreme Court precedent governing how a state competency hearing is to be conducted. … The Ohio Supreme Court’s conclusion that Moreland failed to establish that he was prejudiced by his counsel’s performance is neither contrary to, nor an unreasonable application of, clearly established Supreme Court precedent

Paul L. Hines v. Reginald A. Wilkinson, Director

34 F.3d 1068 · Court of Appeals for the Sixth Circuit · Aug 10, 1994

Such a conclusory opinion is insufficient to establish a triable claim. See Scheid v. Fanny Farmer Candy Shops, 859 F.2d 434, 437 (6th Cir.1988). … Further, it is unnecessary to address Hines's issue on appeal challenging the district court's finding of qualified immunity, because the underlying substantive issue is meritless. 13 Finally, any request for injunctive relief

United States v. Stapleton

297 F. App'x 413 · Court of Appeals for the Sixth Circuit · Oct 15, 2008

Refusal to Grant Immunity Defendant argues that Bates should have been granted immunity so that she could call him as a witness. … This court has 5 The judicial remedy of compelled immunity may be appropriate where the government’s selective grant of immunity to its own witnesses while denying immunity to defense witnesses might deprive

United States v. Phillip Barnes

Court of Appeals for the Sixth Circuit · Aug 14, 2025

The offenses are separated by a gap in time and space that clearly establishes the offenses occurred on different occasions. See Thomas, 142 F.4th at 418; Campbell, 122 F.4th at 629; cf. … Id. at 7–8.5 The majority’s analysis seems to hinge on “a gap in time and space that clearly establishes the offenses occurred on different occasions.” Id.

United States v. Billy Tongo

16 F.3d 1223 · Court of Appeals for the Sixth Circuit · Feb 7, 1994

16 F.3d 1223 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 … next claims that the district court erred when it ordered that his sentence for his pre-guidelines violations under counts 7 and 8 would run consecutive to his two-year guideline sentence. 27 The presentencing report had clearly

Martin v. Toledo Cardiology

Court of Appeals for the Sixth Circuit · Nov 21, 2008

To establish a prima facie case of age discrimination under this analysis, the plaintiff must show that 1) she was a member of the protected class, 2) she was subject to an adverse employment action, 3) she was qualified … Martin did not deny making the slur, clearly and unequivocally, and instead signed the admission statement, Dr.

Malis v. Hills

588 F.2d 545 · Court of Appeals for the Sixth Circuit · Dec 7, 1978

Even assuming that HUD has in fact established the alleged presumption as to ADC recipients, we find that appellant’s due process arguments are without merit. … As previously stated, pursuant to statute, only needy persons with extremely limited incomes may qualify for ADC benefits.

Tristan Hall v. City of Williamsburg, Ky.

Court of Appeals for the Sixth Circuit · Apr 1, 2019

The district court determined that Hall failed to state a claim for malicious prosecution and therefore did not reach Baxter’s arguments on qualified immunity. … Sowders’s report established that Davis thought she was the intended target of the posting.

Summit Petroleum Corp. v. United States Environmental Protection Agency

690 F.3d 733 · Court of Appeals for the Sixth Circuit · Aug 7, 2012

Different factors are relevant when the question is how close multiple stationary sources must be to each other to qualify as an aggregated major source. … Summit’s operations are clearly interrelated. Each well supplies sour gas only to Summit’s gas-sweetening plant. The plant does not receive sour gas from any other source.

United States v. David Miner

774 F.3d 336 · Court of Appeals for the Sixth Circuit · Dec 12, 2014

Benson, 941 F.2d 598, 604 (7th Cir. 1991) (noting that the jury is just as qualified as a witness to determine the defendant’s mens rea). … A duly qualified expert witness agreed that the trusts were “sham” creations with almost no conceivable purpose other than an attempt to avoid paying income tax.