Case law

Bryant v. Carlisle

905 F.2d 1537 · Court of Appeals for the Sixth Circuit · Jun 18, 1990

The defendants were dismissed from the action on grounds of sovereign immunity, failure to effect service, and failure to state a claim. … Further, an order granting absolute or qualified immunity is not immediately appealable. Coe v. Ziegler, 817 F.2d 29 (6th Cir.1987) (per curiam).

Reminga v. United States

695 F.2d 1000 · Court of Appeals for the Sixth Circuit · Apr 18, 1983

Sec. 724a clearly overrides Sec. 2411(b) .... … Congress is entitled to establish the administrative procedures which must be followed by the prospective recipient of post-judgment interest.

In Re: Powerhouse Licensing, LLC Powerhouse Marks, LLC Dabish Family Trust Dabish Brothers Business Trust Henry Dabish William Dabish, Jr. Dalaly Dabish Norman Dabish Powerhouse Merchandising, LLC Dabish Brothers Real Estate Holdings, LLC Powerhouse Gym Consultants, LLC Dabish Brothers Group, LLC

441 F.3d 467 · Court of Appeals for the Sixth Circuit · Mar 2, 2006

With this in mind, we have suggested that the district court employ a multi-faceted test in order to determine if the petition qualifies as suitably extraordinary: 19 (1) The party seeking the writ has no other adequate means … Once the party requesting discovery establishes relevance, the objecting party has the burden of showing that the material was "prepared in anticipation of litigation or for trial." Toledo Edison at 339.

Manufacturers' Accident Indemnity Co. v. Dorgan

58 F. 945 · Court of Appeals for the Sixth Circuit · Nov 6, 1893

This question was clearly admissible and relevant. … In our opinion the 'adjective “accidental” qualifies not. only “injuries,” but also “death,” and therefore an accidental death by drowning does result, from, and is caused indirectly by, fits, vertigo, or other disease',

Miller v. Commissioner of Internal Revenue

183 F.2d 246 · Court of Appeals for the Sixth Circuit · Jun 2, 1950

did not establish a loss on his *249 claim for a deduction. … Milne later qualified his prior statement by saying that he never saw Mrs. Miller in the store, except that she would “drop in while she was shopping and leave her children to run around the store.”

Johnson v. Detroit

Court of Appeals for the Sixth Circuit · May 3, 2006

. § 1983 creates a remedy for those denied “rights, privileges, or immunities secured by the Constitution and laws.” Id. (emphasis added). Federal statutes are clearly “laws” within the meaning of § 1983. Wilder v. Va. … The Supreme Court has “almost never felt qualified to second-guess Congress regarding the permissible degree of policy judgment that can be left to those executing or applying the law.” Whitman v. Am.

Lai Chui v. Patrick Donahoe

580 F. App'x 430 · Court of Appeals for the Sixth Circuit · Sep 30, 2014

To establish a prima facie case of failure to accommodate, a plaintiff must show: (1) she is an individual with a disability, (2) she is qualified for the position, (3) her employer was aware of her disability, (4) accommodation … Ultimately, Chui’s disability discrimination claim fails for the same reason her failure to accommodate claim fails: she has not established that she is a qualified individual with a disability because she could not perform

American Mini Theatres, Inc., a Michigan Corporation, and Pussycat Theatres of Michigan, a Michigan Corporation v. Roman Gribbs, Mayor of the City of Detroit, Nortown Theatre Inc. v. Roman Gribbs, Mayor of the City of Detroit

518 F.2d 1014 · Court of Appeals for the Sixth Circuit · Jun 16, 1975

The Court in O'Brien noted that the statute clearly did not abridge free speech on its face and stated that in dealing with conduct containing both "speech" and "nonspeech" elements, " . . . we think it clear that a government … As one qualified journalist put it, "The real battle is with the criminalization of the sex business.

Ronald Lyness and Sherry Lyness, Transportation Insurance Company, Intervening v. Bowater, Inc.

941 F.2d 1210 · Court of Appeals for the Sixth Circuit · Aug 19, 1991

941 F.2d 1210 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 … T.C.A. 50-6-108 provides that employers who must provide workers' compensation insurance are immune from tort liability.

American Academy of Ophthalmology, Inc. v. Sullivan

998 F.2d 377 · Court of Appeals for the Sixth Circuit · Jul 9, 1993

Because Director Antos’ declaration clearly reveals that the agreements do not contain the contested features of the Cataract Demonstration, we need not address the appellants’ claim under 42 U.S.C. § 1320a-7b. … Freedom of Choice The appellants claim that the demonstration project will impair a Medicare beneficiary’s right to select a qualified health care provider as guaranteed under the Medicare Act. 42 U.S.C. § 1395a. 1 The district

UNITED STATES of America, Plaintiff-Appellee, v. Albert J. DeSANTIS, Defendant-Appellant

134 F.3d 760 · Court of Appeals for the Sixth Circuit · Mar 3, 1998

We think three of them are clearly dispositive, and we shall address them in turn. II. … The evidence relating to the liquor-commission findings was clearly inadmissible.

Tom Farnsworth v. Nationstar Mortgage, LLC

569 F. App'x 421 · Court of Appeals for the Sixth Circuit · Jun 17, 2014

Finally, the Farnsworths failed to establish that their fraud claims were likely to succeed. … Because the Farnsworths’ claims clearly did not merit a preliminary injunction, the -9- Case No. 13-2157 Farnsworth v. Nationstar Mortgage LLC, et al.

United States v. Hanna

661 F.3d 271 · Court of Appeals for the Sixth Circuit · Aug 12, 2011

Hanna Page 27 Hanna’s conduct clearly qualifies for the enhanced Base Offense Level of 26 under § 2M5.1. … This argument also does not establish an affirmative defense. . . .

Reed, III v. Cleveland Board of Education

607 F.2d 737 · Court of Appeals for the Sixth Circuit · Aug 23, 1979

Each district judge is provided at public expense with a staff which includes qualified law clerks. … The District Judge clearly had no intention to abdicate his judicial responsibility in this case.

Howell v. Miller

91 F. 129 · Court of Appeals for the Sixth Circuit · Nov 9, 1898

The defendant Miller, having been previously selected by the state legislature, duly qualified as compiler under the act of 1895, and entered upon the'work prescribed therein. … But the eleventh amendment gives no immunity to officers or agents of a state in withholding the property of a citizen without authority of law.

Estate of Richie Majors v. Roger Gerlach

Court of Appeals for the Sixth Circuit · Jul 28, 2020

The Nurse Defendants The Nurse Defendants raised a defense of qualified immunity to Plaintiffs’ Eighth Amendment claims. … As such, even if the Nurse Defendants violated Majors’ constitutional rights, they are entitled to qualified immunity.12 iii.

Douglas R. Shisler, Mary Ann Shisler, Libera Services Company Ltd., Shisler Family Irrevocable Trust, Mds Global Company, Cypress Funds, Inc., Mds International v. United States

199 F.3d 848 · Court of Appeals for the Sixth Circuit · Dec 28, 1999

The court stated that the twenty-day limitation period of section 7609(b)(2)(A) was a jurisdictional limitation which served as a conditional waiver of the United States' sovereign immunity. … Without citing any authority, petitioners contend that a postal service date stamp and the declaration of the person who actually mailed the notices is required in order to establish the dateson which the notices were mailed

Anthony J. Degidio v. West Group Corporation the Thomson Corporation West Licensing Corporation

355 F.3d 506 · Court of Appeals for the Sixth Circuit · Jan 14, 2004

Big Daddy's Family Music, 109 F.3d 275, 288 (6th Cir.1997). 7 As the district court observed, "whether Plaintiff's mark qualifies for trademark protection is determined by where the mark falls along the established spectrum … I believe that "LawOffices.net" is clearly descriptive as to the provision of legal information and attorney references.

Alonzo Gardner, Jr. v. Michigan Department of Corrections, Richard Dalmonte

891 F.2d 290 · Court of Appeals for the Sixth Circuit · Dec 4, 1989

891 F.2d 290 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 … immunity and referred the matter to the magistrate for further proceedings.

Sandusky Wellness Center, LLC v. ASD Specialty Healthcare, Inc.

863 F.3d 460 · Court of Appeals for the Sixth Circuit · Jul 11, 2017

Plaintiffs need not prove that every element can be established by classwide proof. Bridging Cmtys., 843 F.3d at 1124. … Page 16 numbers that received each fax are objective criteria that make the recipient [class member] clearly ascertainable”).