Case law

Columbia Gas & Electric Corporation v. United States

151 F.2d 461 · Court of Appeals for the Sixth Circuit · Nov 26, 1945

of the Syndicate which proposed to construct the Detroit pipe line, Columbia was fully conscious of the threat to its subsidiaries that these organizations would present with the competitive advantage afforded by their immunity … and implicit in his findings, especially when viewed against a background of evidence pointing clearly to restraint of competition from sources other than Kentucky gas fields.

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.

Cordrey v. Euckert

917 F.2d 1460 · Court of Appeals for the Sixth Circuit · Nov 5, 1990

It seems equally unfair to penalize a child previously enrolled in private summer programs but whose situation later deteriorates so that he now might qualify for a publicly-funded ESY. … We accept the trial court’s finding to the contrary as not clearly erroneous. .

Barbara D. Taylor v. United States of America Janet Reno

81 F.3d 161 · Court of Appeals for the Sixth Circuit · Mar 21, 1996

It is well established that, absent an express waiver, the doctrine of sovereign immunity bars the plaintiff's claim for money damages against the United States, its agencies, and its officers in their official capacities … There has been no such express waiver of sovereign immunity in this case.

Freuhauf Corporation v. Internal Revenue Service

522 F.2d 284 · Court of Appeals for the Sixth Circuit · Jun 9, 1975

While certain letter rulings may fall within the literal language of that regulation, we agree that the regulations, promulgated here by the regulated agency, “cannot immunize letter rulings from disclosure under the Freedom … It is the purpose of the present bill to eliminate such phrases, to establish a general philosophy of full agency disclosure unless information is exempted under clearly delineated statutory language and to provide a court

Hobert Tackett v. M&G Polymers USA, LLC

Court of Appeals for the Sixth Circuit · Apr 3, 2009

To remedy this, the Supreme Court established a bright line rule: If the Legislature clearly states that a threshold limitation on a statute’s scope shall count as jurisdictional, then courts and litigants … Despite this “clearly established rule,” an appeals court will reverse for failure to notify only if the losing party can “demonstrate prejudice.” Id.; Harrington v.

Joseph J. Skukan v. Consolidation Coal Company Director, Office of Workers' Compensation Programs, United States Department of Labor

993 F.2d 1228 · Court of Appeals for the Sixth Circuit · May 18, 1993

In challenging the ALJ’s conclusions, Sku-kan argues that the evidence clearly shows that his totally disabling respiratory impairment was due, at least in part, to his pneu-moconiosis. … The Supreme Court held that Section 727.-203(a) requires that the claimant, in order to get the presumption, establish at least one of the qualifying facts by a preponderance of the evidence. 7 Mullins, 484 U.S. at 147-61

Cornelius Wright v. Murray Guard, Inc.

455 F.3d 702 · Court of Appeals for the Sixth Circuit · Jul 26, 2006

It is undisputed that Wright meets the first three elements of the prima facie case: he is African-American; he was terminated; and he was qualified for the position he held. … and that he was qualified for the position — but he has failed to establish the fourth element.

United States v. Terrence Bell

575 F. App'x 598 · Court of Appeals for the Sixth Circuit · Aug 5, 2014

a heightened risk of violent confrontation based on past behavior, thus establishing a “serious potential risk of physical injury to another.” … an element, that element is also established if a person acts intentionally or knowingly.”

Basam Petros v. Merrick B. Garland

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

Garland not occur in the future are findings of fact, which are subject to a clearly erroneous standard of review.”); Marqus v. … Smith’s credentials didn’t establish anything beyond a high school diploma to qualify him to speak about conditions in Iraq.

Shell v. Sturge, Ltd.

55 F.3d 1227 · Court of Appeals for the Sixth Circuit · Jun 8, 1995

The Corporation is managed by the Council of Lloyd's ("Council") which controls the admission and discipline of Names, sets the Names' reserve requirements and establishes standards for Lloyd's policies. 3 To become a Name … Although the Lloyd's Act of 1982 provides Lloyd's some immunity from damages, it does not preclude Names from obtaining injunctive, declaratory, rescissionary or restitutionary relief or preclude Names from damages where

Sheeran v. American Commercial Lines, Inc.

683 F.2d 970 · Court of Appeals for the Sixth Circuit · Jul 12, 1982

They provided, inter alia, that the employer would hire only through the SIU hiring hall except in certain situations in which the SIU could not provide enough available and qualified members to satisfy ITC’s needs; and that … Since the decision by the Seafarers Appeal Board, the respondents have steadfastly refused to use the union hiring halls which had been established under prior collective bargaining agreements with SIU.

Tysinger v. Police Department

Court of Appeals for the Sixth Circuit · Sep 25, 2006

Under any of these constructs, Tysinger’s evidence clearly falls short of creating a genuine issue of material fact. … As the majority states, a prima facie case of pregnancy discrimination is established by showing (1) plaintiff was pregnant; (2) plaintiff was qualified for the position; (3) plaintiff suffered an adverse employment action

United Ass'n of Journeymen & Apprentices of the Plumbing & Pipefitting Industry, Local No. 577 v. Ross Bros. Construction Co.

191 F.3d 714 · Court of Appeals for the Sixth Circuit · Sep 17, 1999

Pursuant to the NIMA, Local 577 agreed to refer qualified Union members to Ross Brothers and the other contractors, and the contractors agreed to “pay wages and benefits according to the agreement in effect between local … A review of well-established arbitration principles shows that this argument is equally unavailing.

Mason v. Pewabic Min. Co.

66 F. 391 · Court of Appeals for the Sixth Circuit · Dec 4, 1894

The rights of the *399 minority to have the property sold at public sale, for cash, had been clearly vindicated. … Peter White, was a gentleman exceptionally well qualified for his duties, and entirely competent to advise the court concerning t he expediency of a sale.

United States v. Jermaine Raynard Frederick

406 F.3d 754 · Court of Appeals for the Sixth Circuit · May 5, 2005

I The evidence at trial established the following. … Turner’s testimony qualifies as admissible background evidence.

Hillside Productions, Inc. v. County of Macomb

389 F. App'x 449 · Court of Appeals for the Sixth Circuit · Jun 15, 2010

immunity applies. … immunity was irrelevant to the lawsuit.

Miriam Gutierrez v. Jefferson B. Sessions, III

887 F.3d 770 · Court of Appeals for the Sixth Circuit · Apr 16, 2018

The BIA “employ[ed] the ‘categorical approach’” to determine whether Gutierrez’s state conviction qualified as a theft aggravated felony under 8 U.S.C. § 1101(a)(43)(G). … Mellouli is also inapposite, because the record there clearly established under which prong of the divisible state statute the defendant was convicted. See 135 S. Ct. at 1983.

United States v. Springs

105 F. App'x 811 · Court of Appeals for the Sixth Circuit · Aug 4, 2004

In the mid-1990s, a group of individuals belonging to Los Angeles’s Crip gang relocated to Chattanooga, Tennessee to establish a drug-distribution scheme. … This is because under U.S.S.G. § 2D1.1, a Drug Quantity Table establishes the appropriate base offense level.

Robert Foos v. City of Delaware

492 F. App'x 582 · Court of Appeals for the Sixth Circuit · Jul 16, 2012

The answer is clearly yes. … Because Foos’s constitutional rights were not violated, it is not necessary to reach the issue of whether Officers Hatcher and Gerke would be entitled to qualified immunity.