Case law
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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).
Cited 41 timesPublished297 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
Cited 6 timesUnpublished923 F.2d 1175 · Court of Appeals for the Sixth Circuit · Oct 22, 1990
Moon must therefore prove that he became disabled prior to December 31, 1987, in order to qualify for disability benefits. … Moon’s success in law school, as well as on the bar examination, clearly indicate that Moon is able to reach decisions (apparently the correct decisions) in a relatively short period of time.
Cited 221 timesPublished16 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16 F.3d 1223 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished … next claims that the district court erred when it ordered that his sentence for his pre-guidelines violations under counts 7 and 8 would run consecutive to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
Cited 3 timesPublishedUnited 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.
Cited 0 timesPublishedCourt 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.
Cited 0 timesPublishedSummit 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.
Cited 10 timesPublishedCourt of Appeals for the Sixth Circuit · Aug 6, 2004
We granted rehearing en banc to consider whether the circumstances truly qualified as exigent. _________________ 2003 U.S. … United States We hold that the district court did not clearly err, v. Erwin, 155 F.3d 818, 822 (6th Cir. 1998) (en banc).
Cited 0 timesPublished774 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.
Cited 34 timesPublishedZehentbauer Family Land, LP v. Chesapeake Exploration, L. L.C.
935 F.3d 496 · Court of Appeals for the Sixth Circuit · Aug 15, 2019
Finally, the plaintiffs allege that they are qualified to represent a putative class of similarly situated landowners who have leased their oil and gas rights to the defendants because, among other things, the case would … Because this theory is, in fact, clearly set forth in the complaint, the defendants could have timely filed such a 12(b)(6) motion.
Cited 37 timesPublished531 F.3d 448 · Court of Appeals for the Sixth Circuit · Jun 26, 2008
These procedures clearly do not take adequate account of federalism and comity considerations. … Certainly, state officials are not immune from complying with federal discovery mandates.
Abrogated on other grounds by Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016)Cited 144 timesPublished273 F. App'x 421 · Court of Appeals for the Sixth Circuit · Apr 2, 2008
App’x 433, 441 (6th Cir. 2006) (holding that defendants were entitled to qualified immunity on plaintiff’s malicious prosecution claim because plaintiff had been indicted); Bielefeld v. Haines, 192 F. … Nevertheless, neither the Barnes court, nor any other court from our circuit that has applied the rule that a grand jury indictment establishes probable cause and therefore precludes a successful malicious prosecution claim
Cited 18 timesUnpublished657 F.3d 372 · Court of Appeals for the Sixth Circuit · Sep 16, 2011
Instead, having determined that the state court misinterpreted and misapplied Strickland — a holding that necessitates also finding that the state court’s analysis “involved an unreasonable application of clearly established … The only witness that Campbell put on to this effect was Storey’s mother, who was not qualified to establish Storey’s medical condition.
Cited 153 timesPublishedJP Morgan Chase Bank NA v. First American Title Insurance
Court of Appeals for the Sixth Circuit · Jul 2, 2014
The FDIC argued in its motion that First American had admitted facts establishing liability and that the FDIC suffered an “actual loss” of at least $1.7 million. … Page 12 record does not have the required indicia of trustworthiness to qualify as a hearsay exception. We review a district court’s evidentiary rulings for abuse of discretion. Harlamert v.
Cited 0 timesPublishedJP Morgan Chase Bank NA v. First American Title Insurance
Court of Appeals for the Sixth Circuit · Jul 2, 2014
The FDIC argued in its motion that First American had admitted facts establishing liability and that the FDIC suffered an “actual loss” of at least $1.7 million. … Page 12 record does not have the required indicia of trustworthiness to qualify as a hearsay exception. We review a district court’s evidentiary rulings for abuse of discretion. Harlamert v.
Cited 0 timesPublishedAmerican Alliance Insurance v. Keleket X-Ray Corp.
248 F.2d 920 · Court of Appeals for the Sixth Circuit · Oct 19, 1957
If the plaintiff were unable to establish the occurrence of an explosion, no liability would arise under any of the policies of insurance. … We think the Supreme Court of Ohio did not intend to establish — and indeed recognized that it would be impossible to establish a hard and fast definition that would satisfy all factual situations.
Cited 4 timesPublishedBrian Yinger v. City of Dearborn
66 F.3d 327 · Court of Appeals for the Sixth Circuit · Sep 19, 1995
It is clearly established that a public employer may not take adverse employment action against an employee on a basis that infringes that employee's constitutionally protected interest in freedom of speech. Williams v. … immunity with respect to Yinger's First Amendment claim.
Cited 0 timesUnpublishedConstruction Interior Systems, Inc. v. Marriott Family Restaurants, Inc.
984 F.2d 749 · Court of Appeals for the Sixth Circuit · Apr 2, 1993
However, this fact does not establish a breach of the agreement. … It is clearly not the function of the court to do so. Id. at 923-24. .
Cited 32 timesPublishedTracy Cecil Hammond, Jr. v. Pamela Withrow, Warden, Michigan Reformatory
16 F.3d 1219 · Court of Appeals for the Sixth Circuit · Feb 17, 1994
Although it is a fundamental element of due process to give the defendant the right to present his witnesses at trial to establish a defense, Washington v. … The relevant question was not whether Mark Hammond had a motive and whether that motive was shared by petitioner, but whether petitioner had a motive as two co-defendants can clearly have distinct motives for committing a
Cited 0 timesPublishedAleksandr Yeremin v. Eric Holder, Jr.
738 F.3d 708 · Court of Appeals for the Sixth Circuit · Apr 16, 2013
Crimes that involve deception or fraud consistently are held to qualify as crimes involving moral turpitude. … The BIA affirmed the decision on this basis, finding that “the inherent nature of the underlying offense clearly involves fraud.” C.A.R. at 76 (Nov. 5, 2010 BIA Dec. at 2).
Cited 33 timesUnknown
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