Case law

Audit Co. of New York v. City of Louisville

185 F. 349 · Court of Appeals for the Sixth Circuit · Feb 7, 1911

Bingham, the then duly appointed and qualified mayor of-said defendant city. … Both of said appointees qualified as said commissioners and thereafter, with the mayor, composed said Commission.”

La Voz Radio De La Communidad, Miguel Toro, Leandra Abriu, Rosalia Polanco, Israe Lucatero, Keyla Acosta, Manuel Valles, Ingris Branch, Bernardo Moya, Olga Garcia, Henry Rodriguez, Jose L. Baez, Angel Coriano, Cruz Coriano, Bienvenida Rodriguez, Miguel Ruiz, Pedro Pena, Francisca Romero, Luz Maria Montenegro, Rafela Ferrera, and Justina Fernandez v. Federal Communications Commission, and James Bridgewater

223 F.3d 313 · Court of Appeals for the Sixth Circuit · Aug 2, 2000

629 (3d Cir. 2000) (unpublished), in which the district court dismissed an essentially identical preemptiveaction brought by a microbroadcaster, concluding that it was an impermissible "end-run around the statutory scheme established … Putting to one side La Voz's failure to assert a cognizable Bivens claim and FCC District Director Bridgewater's obvious entitlement to qualified immunity, litigants "may not bypass the specific method that Congress has provided

United States v. David Middleton

246 F.3d 825 · Court of Appeals for the Sixth Circuit · Apr 18, 2001

The indictment enumerated each element of tax evasion and clearly provided Middleton with notice of the statute under which he was being prosecuted. … of affirmative acts — which, by its very language, it did not — Middleton’s effort to manage his affairs in a manner so as to avoid generating the records that usually attend earning and spending income would certainly qualify

United States v. Victor Garcia

758 F.3d 714 · Court of Appeals for the Sixth Circuit · Jul 10, 2014

Our possession cases establish that no single fact or set of facts is a necessary condition to establish possession of contraband. … The court adverted to the fifteen-year mandatory minimum sentence that would have applied had Garcia qualified as an armed career criminal, but the court did not actually impose that sentence.

Harllel B. Jones v. Federal Bureau of Investigation

41 F.3d 238 · Court of Appeals for the Sixth Circuit · Nov 17, 1994

In the language of Ingle , Jones’s request clearly involves “activities which, if disclosed, would publicly embarrass the agency,” and “the effect of disclosure or exemption clearly extends to the public at large.” … Three circuits have adopted a per se rule, under which records compiled by a law enforcement agency qualify as “records compiled for law enforcement purposes” under FOIA. See Irons v.

Sturgell v. Creasy

640 F.2d 843 · Court of Appeals for the Sixth Circuit · Feb 11, 1981

It is well established that the Fifth Amendment’s Due Process Clause which applies to the federal government encompasses equal protection principles. Mathews v. … Allocating scarce resources to families with the greatest need clearly bears a rational relationship to the purposes of the AFDC program. 42 U.S.C. § 601 .

Ronald Weaver Leo McKaye Morris Martin v. Raymond Toombs Robert Brown, Jr. Donald Mason Robert Mulvaney Ted Strassburg

948 F.2d 1004 · Court of Appeals for the Sixth Circuit · Nov 6, 1991

The statute clearly provides for awarding “costs at the conclusion of the suit or action as in other cases.” 28 U.S.C. § 1915 (e). … Connecticut, 401 U.S. 371 , 91 S.Ct. 780 , 28 L.Ed.2d 113 (1971), that deal with denial of access to the courts in the first instance are clearly inapplicable here.

United States v. Doyle E. Campbell, Doyle E. Campbell, M.D., Inc., an Ohio Corporation

845 F.2d 1374 · Court of Appeals for the Sixth Circuit · Apr 12, 1988

Campbell, an ophthalmologist, established his practice in southern Ohio in 1971. Many of Dr. Campbell’s patients are elderly people who qualify for federal medicare benefits and state medicaid benefits. … Moreover, the question of intent was clearly at issue since Dr.

Cattin v. General Motors Corp.

955 F.2d 416 · Court of Appeals for the Sixth Circuit · Jan 30, 1992

The GM retirement plan, established in 1950, consists of two parts. … Miller, as unpublished and not a binding precedent, is clearly distinguishable from this case.

Joseph C. Sun v. Federal Bureau of Prisons

972 F.2d 348 · Court of Appeals for the Sixth Circuit · Aug 13, 1992

She also recommended that the Federal Bureau of Prisons be dismissed as a defendant on grounds of sovereign immunity. … The magistrate subsequently recommended that summary judgment be granted to the defendants on grounds of qualified immunity.

Big Branch Resources, Inc. v. John Ogle

737 F.3d 1063 · Court of Appeals for the Sixth Circuit · Dec 17, 2013

See id. at 59106 (“The Department has revised § 718.305(d) in this final rule to more clearly reflect that all three of the presumed elements may be rebutted.”) … Additionally, the ALJ has explained his views clearly, thereby allowing us to discern the opinions on which he relies and the reasons for his reliance.

United States v. Tracey Shaw

139 F.4th 548 · Court of Appeals for the Sixth Circuit · Jun 5, 2025

Second, on the merits, it argues that the written judgment and the oral sentence are consistent—both clearly impose mandatory substance-abuse treatment on supervised release. … This court has interpreted identical sentencing language to “clearly specif[y]” that treatment is required, leaving only “the details of the treatment” to the probation officer.

Anthony Forster v. Henry Steward Warden

360 F. App'x 604 · Court of Appeals for the Sixth Circuit · Jan 5, 2010

Because the state appellate court unreasonably applied clearly established Supreme Court precedent governing waiver, we reverse the district court’s judgment and remand with instructions to grant a conditional writ of … Forster correctly argues that the state court unreasonably applied clearly established federal law when it inferred a waiver of his Fourteenth Amendment right to appellate counsel from his waiver of his Sixth Amendment

PJM Power Providers Grp. v. FERC

Court of Appeals for the Sixth Circuit · Dec 21, 2023

When the agency issues “orders,” that clearly qualifies as “actions of the Commission.” 18 C.F.R. § 375.102(b). The Commission thus may issue such an order only if a quorum majority approves it. … The timing of PJM’s discovery that the Chairman acted alone readily qualifies for this exception.

United States v. Ward

506 F.3d 468 · Court of Appeals for the Sixth Circuit · Oct 23, 2007

And, under these circumstances, it was not clearly improbable that the firearm was connected to the offense. … While defendant Cook’s sentence was lengthy, he has not established that the sentence was unreasonable. See United *479 States v.

Phillip Truesdell v. Eric Friedlander

80 F.4th 762 · Court of Appeals for the Sixth Circuit · Sep 1, 2023

At the least, it claims that the law’s interstate burdens clearly exceed its in-state benefits under Pike balancing. … Yet this harm to new entrants alone does not establish any burdens on the interstate market.

Sharp v. Lindsey

285 F.3d 479 · Court of Appeals for the Sixth Circuit · Mar 28, 2002

Lindsey’s retaining his own job for that period, the contract establishes a term of almost 46 weeks for the principalship. Mr. … The reassignment may or may not have constituted a breach of the contract, but we think it was clearly a termination.

Smith v. United States Postal

Court of Appeals for the Sixth Circuit · Jul 15, 2004

Under these regulations, it would have been unlawful normally are insufficient to establish a constructive discharge for the USPS not to make reasonable accommodation to as a matter of law. … Shalala, 991 F.2d 126, 132 (4th immunize the employer’s failure to abide by its legal Cir. 1993) (holding that an employee who was provided obligation to provide a reasonable accommodation.

Pearly L. Wilson v. Richard P. Seiter N.W. McMackin Harry K. Russell, Supt., Defendants

848 F.2d 195 · Court of Appeals for the Sixth Circuit · May 17, 1988

Defendants sought reconsideration of the February 22, 1988, order granting reconsideration and denying their qualified good faith immunity defense to the plaintiff's due process claim. … An order denying a motion to dismiss on the basis of qualified or absolute immunity is appealable. Mitchell v. Forsyth, 472 U.S. 511 (1985); Carlson v. Conklin, 813 F.2d 769 (6th Cir.1987).

Louisville Black Police Officers Organization, Inc. v. City of Louisville

700 F.2d 268 · Court of Appeals for the Sixth Circuit · Feb 4, 1983

It did not establish rules of law to be slavishly applied. … Patterson as LDF attorneys as well as the fact that they are both highly qualified and experienced specialists in litigating employment discrimination cases.