Case law
Opinions from 1658 to today.
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1.16s
227 F.2d 461 · Court of Appeals for the Sixth Circuit · Dec 1, 1955
Ballou, who conceded that, when the mother brought the insured to him, he was not qualified to make a psychiatric examination. … We think Judge Taylor was clearly right. He adhered to the principles of the federal decisions. In Clearfield Trust Co. v.
Cited 10 timesPublishedHybud Equipment Corp. v. City Of Akron
654 F.2d 1187 · Court of Appeals for the Sixth Circuit · Jul 17, 1981
The policy question here, in our judgment, is debatable and should not be taken out of municipal hands by federal courts in the absence of congressional intent clearly expressed. 43 Accordingly, the judgment of the District … State L.J. 305; Thomas, City of Lafayette's State Action Test Reformulated: A Meaningful Standard of Antitrust Immunity for Cities, 1980 Ariz. State L.J. 345
Vacated on other grounds by Hybud Equipment Corp. v. City of Akron, 455 U.S. 931 (1982)Cited 10 timesPublished884 F.2d 579 · Court of Appeals for the Sixth Circuit · Aug 24, 1989
884 F.2d 579 Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service … On appeal, Helzer contends only that the defendant judge is entitled only to qualified immunity. Upon consideration, we conclude that the complaint was properly dismissed.
Cited 0 timesUnpublished270 F.3d 994 · Court of Appeals for the Sixth Circuit · Nov 6, 2001
Kan. 1995) ("[T]he Court is convinced that Congress intended for all property taxes coming due postpetition to qualify for either the first or eighth priority. … The property taxes in this case were clearly not assessed prepetition. Thus they cannot be considered filed prepetition under §502(i).
Cited 3 timesPublished133 F.3d 388 · Court of Appeals for the Sixth Circuit · Jan 7, 1998
Not all of the summaries clearly stated that GM could amend or terminate the plan. … See Gable, 35 F.3d at 857 n. 2 (documents that do not satisfy ERISA’s requirements for plan documents do not qualify as ERISA plan documents).
Cited 712 timesPublishedCrawford v. Benzie-Leelanau District Health Department Board of Health
636 F. App'x 261 · Court of Appeals for the Sixth Circuit · Jan 15, 2016
immunity. … immunity for any of the Defendants. 18 No. 14-2520, Crawford v.
Cited 3 timesUnpublished798 F.2d 469 · Court of Appeals for the Sixth Circuit · Jun 16, 1986
The district court correctly held that plaintiff's action must be dismissed because both of the defendants have prosecutorial immunity from civil rights actions as established by the United StateS Supreme Count in Imbler … But the alternative of qualifying a prosecutor's immunity would disserve the broader public interest.
Cited 0 timesUnpublishedCourt of Appeals for the Sixth Circuit · Aug 1, 2006
The record establishes that Veach’s automobile was involved in a collision with another vehicle in Cumberland Gap National Historic Park. … Pursuant to the provisions of § 4B1.1(a) of the United States Sentencing Guidelines, a defendant will qualify as a “career offender” if: (1) the defendant was at least eighteen years old at the time the defendant committed
Cited 0 timesPublishedCourt of Appeals for the Sixth Circuit · Dec 14, 2007
2) was discharged, (3) was qualified for the position held, and, lastly, (4) was replaced by someone outside of the protected class. … To protect the right to petition, the Supreme Court has established what has become known as the “Noerr-Pennington doctrine.”
Cited 0 timesPublished674 F. App'x 466 · Court of Appeals for the Sixth Circuit · Dec 30, 2016
Haas argued that (1) the Eleventh Amendment barred the § 1983 damages suit against him in his official capacity; (2) he was entitled to qualified immunity because Pond failed to plead sufficient facts showing that he violated … a clearly established right; (3) Pond failed to plead sufficient allegations showing prison officials acted with deliberate indifference to his medical needs; and (4) Pond failed to plead sufficient allegations showing
Cited 17 timesUnpublished705 F.2d 805 · Court of Appeals for the Sixth Circuit · Apr 20, 1983
This example clearly indicates that certain payments a student receives to cover education expenses can be excluded from income as a qualified reimbursement. See also 43 Fed.Reg. 18888 (1978). … Thus, we conclude that the reimbursements exclusion of subsection (d)(5) is not as restricted as the Secretary urges and grants received by a student may qualify for an exclusion under it, provided all the requirements established
Cited 0 timesPublishedEstate of Mauro ex rel. Mauro v. Borgess Medical Center
137 F.3d 398 · Court of Appeals for the Sixth Circuit · Feb 25, 1998
Nothing in this language establishes that Mauro’s fingers were ever in the presence of sharp instruments whüe in a highly confined or poorly-visualized anatomic site. … The Guidelines clearly regard such entry into wounds as acceptable, absent particularly hazardous conditions.
Cited 17 timesPublishedUnited States v. Lynn Michael LaVictor
848 F.3d 428 · Court of Appeals for the Sixth Circuit · Feb 3, 2017
LaVictor concedes that sufficient evidence exists in order to establish that the prior acts transpired. … LaVictor now argues that the government failed to establish an anal injury or penetration. However, the record belies this argument.
Cited 157 timesPublishedEvans v. Pearson Enterprises, Inc.
434 F.3d 839 · Court of Appeals for the Sixth Circuit · Jan 19, 2006
Evans established her own revocable trust in 1995. The res of the revocable trust is Class B nonvoting stock in Ervin Industries. … After the district court had denied a clearly presented motion for leave to amend, Evans buried her subsequent requests for leave in her responses to the defendants’ motions.
Cited 21 timesPublishedJason Holsapple v. Troy Cunningham
Court of Appeals for the Sixth Circuit · Jun 2, 2020
did not establish that he was “qualified” for the job. … Having found no constitutional violation committed by Cunningham, the court need not address whether Cunningham possessed qualified immunity, nor whether Bay County is liable as a municipality under Monell v.
Cited 0 timesUnpublishedJohn J. Glennon, Jr. v. Dean Witter Reynolds, Inc.
83 F.3d 132 · Court of Appeals for the Sixth Circuit · Jul 15, 1996
Rather, the decision must fly in the face of clearly established legal precedent.” Merrill Lynch, Pierce, Fenner & Smith, 70 F.3d at 421 (citation omitted). … (assuming that under New York law the Form U-5 is entitled to only a qualified privilege), cert. denied, 502 U.S. 942 , 112 S.Ct. 380 , 116 L.Ed.2d 331 (1991).
Cited 69 timesPublishedMark S. Mounts v. Grand Trunk Western Railroad
198 F.3d 578 · Court of Appeals for the Sixth Circuit · Jan 5, 2000
. § 51 (establishing employer liability); 45 U.S.C. § 54 (abolishing the assumption of risk defense as a matter of law). … As proof, Mounts asserts that he returned to work in 1995 fully qualified and that, after exposure to noise at work, he was terminated in 1997 because of his hearing loss.
Cited 42 timesPublished814 F.3d 340 · Court of Appeals for the Sixth Circuit · Feb 11, 2016
Cunningham was not qualified to give some of the testimony. For these reasons Dr. … At the time of trial, each crime qualified as a crime of violence as a matter of law under § 924(c)(3)(B), the italicized clause above.
Abrogated on other grounds by United States v. Frank Richardson, 948 F.3d 733 (2020)Cited 100 timesPublished140 F.2d 526 · Court of Appeals for the Sixth Circuit · Feb 7, 1944
While courts should not hesitate to take from juries matters of fact which are clearly not in dispute, they should be careful not to invade the province of the jury. … The court said ( 316 U.S. at page 340 , 62 S.Ct. at page 1084 , 86 L.Ed. 1510 ): “No evidence in the case served in any way to contradict, qualify, or explain Pence’s admissions.
Cited 9 timesPublishedGary Watkins v. Jodi DeAngelo-Kipp
Court of Appeals for the Sixth Circuit · Feb 17, 2017
Rather, to qualify for relation back, the original and amended petitions must “state claims that are tied to a common core of operative facts.” Id. at 664. … Even assuming that Watkins was diligently pursuing his rights, he cannot establish entitlement to equitable tolling.
Cited 0 timesPublished
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