Case law

Robert C. Cook v. Dale Foltz

814 F.2d 1109 · Court of Appeals for the Sixth Circuit · Mar 31, 1987

The court's concern should be qualified, however, by an appreciation of the context in which the alleged error was made. That appreciation is best served by the use of harmless error analysis. Chapman v. … Even actual prejudice is insufficient without a showing of cause since the Sykes test is clearly conjunctive. Carrier, 106 S.Ct. at 2648-50 .

Junhe Qiu v. Univ. of Cincinnati

Court of Appeals for the Sixth Circuit · Feb 11, 2020

Thus, to establish his claim under either act, Qiu “must show that (1) [ ]he is handicapped or disabled as defined in each statute, (2) [ ]he is ‘otherwise qualified’ to continue in the program, and (3) [ ]he was dismissed … Because a public university like the University of Cincinnati is an arm of the state, it is entitled to Eleventh Amendment immunity from suit for compensatory and punitive damages. See, e.g., Johnson v.

White Family Companies, Inc. v. Slone Ex Rel. Bankruptcy Estate of Dayton Title Agency (In Re Dayton Title Agency, Inc.)

724 F.3d 675 · Court of Appeals for the Sixth Circuit · Jul 31, 2013

Code § 1304.20, comm. 1. 6 “Collection statistics establish that the vast majority of items handled for collection are in fact collected. … The text of the U.C.C. demands this interpretation because it clearly contemplates a security interest that survives noncollection of the check.

Stephen Meade v. AT&T Corporation

657 F. App'x 391 · Court of Appeals for the Sixth Circuit · Aug 2, 2016

Instead, we proceed with the following analysis: (1) The plaintiff bears the burden of establishing that he or she is disabled. … (2) The plaintiff bears the burden of establishing that he or she is “otherwise qualified” for the position despite his or her disability: (a) without accommodation from the employer; (b) with

United States v. Joseph Thomas Mulloy

412 F.2d 421 · Court of Appeals for the Sixth Circuit · Jun 10, 1969

On June 26th he was found qualified at the Armed Forces Examining Station and was notified of his acceptability by Statement of Acceptability (DD Form 62). … We are of the opinion that there was a rational basis for the Board’s determination that Mulloy had not established a case of conscientious objection, and that the Board did not abuse its discretion in denying his request

Michael Kitchen v. Gretchen Whitmer

106 F.4th 525 · Court of Appeals for the Sixth Circuit · Jun 28, 2024

Defendants did not offer their own expert witness for they believed Wildeman’s “testimony so clearly benefit[ed] Defendants.” R.98, p.19 n.2, PageID 1095. … In that case, we determined that we did not have pendent appellate jurisdiction over a Heck argument in a qualified-immunity appeal. Id. at 709– 10.

Stephen Nichols v. Wayne County, Mich.

Court of Appeals for the Sixth Circuit · Aug 18, 2020

Wayne County allegedly violated right was clearly established. And for the reasons noted earlier, [he] cannot do so.” … immunity.”).

Southwest Williamson County Community Association, Inc., a Non-Profit Tennessee Corporation v. Rodney E. Slater, in His Official Capacity as Secretary of the United States Department of Transportation Jane F. Garvey, in Her Official Capacity as Acting Administrator, Federal Highway Administration John Bruce Saltsman, Sr., in His Official Capacity as Commissioner, Tennessee Department of Transportation James Scapellato

243 F.3d 270 · Court of Appeals for the Sixth Circuit · Mar 14, 2001

FHWA clearly has jurisdiction over the four interchanges where Route 840 South intersects with federal highways. … FHWA, 950 F.2d at 1134 n.6 ("In addition to being part of an FHWA approved federal-aid highway system ..., a project must also meet the requirements of environmental regulations to qualify as an FHWA project.").

Norbert Kelsey v. Melissa Pope

809 F.3d 849 · Court of Appeals for the Sixth Circuit · Jan 5, 2016

Ordinarily, we defer to tribal court interpretations of tribal law “because tribal courts are best qualified to interpret and apply tribal law.” Iowa Mut. Ins. Co. v. LaPlante, 480 U.S. 9, 16 (1987). … The Offenses Ordinance had clearly proscribed inappropriate sexual contact when Kelsey accosted Foster at the Community Center.

Robert A. Burton v. Peter C. Economus, Judge, Mahoning County Common Pleas Court

68 F.3d 474 · Court of Appeals for the Sixth Circuit · Oct 13, 1995

Clearly, these acts were undertaken within defendant's jurisdiction as state court judge. … Accordingly, defendant is entitled to absolute immunity from suit for damages. 6 However, plaintiff's claim for injunctive relief against the defendant state judge is not barred by judicial immunity.

Tennessee Securities, Inc. v. Commissioner

674 F.2d 570 · Court of Appeals for the Sixth Circuit · Apr 1, 1982

On the basis of this distinction, Congress has established a symmetry in the Internal Revenue Code. … According to Generes , in order to qualify as a business debt, the taxpayer’s business purpose in making the loan had to be the dominant, as opposed to just a significant, motivating factor.

M. C. Griffin v. Dale Foltz, Dennis Straub, John Voigt

803 F.2d 719 · Court of Appeals for the Sixth Circuit · Sep 29, 1986

803 F.2d 719 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 … Ct. 496 , 88 L.Ed.2d 507 (1985) (hearing officer entitled only to qualified immunity,) we agree with the court's alternative holding that the plaintiff was not denied any due process rights at the hearing.

United States v. Davis

547 F.3d 520 · Court of Appeals for the Sixth Circuit · Nov 13, 2008

First, it was clearly error to instruct the jury to consider the bad acts testimony in deciding whether the marijuana transaction was committed in preparation for the instant offense. … To qualify as modus-operandi evidence, the similarity between the prior crime and the charged offense must be striking and the method must amount to a signature. Id.

United States v. Michael K. Hebeka

89 F.3d 279 · Court of Appeals for the Sixth Circuit · Jul 16, 1996

The long-established test to determine whether a violation of this right has occurred is that of Blockburger v. … The defendant in Campbell was an ophthalmologist who treated persons qualifying for Medicare and Medicaid.

74 Fair empl.prac.cas. (Bna) 48, 70 Empl. Prac. Dec. P 44,761 Paula Wathen v. General Electric Company, D/B/A Ge Lighting North American Production Division, Kentucky Glass Plant Walt Nyzio Jim Kerian and Carl Murphy, David Six

115 F.3d 400 · Court of Appeals for the Sixth Circuit · Jun 10, 1997

This is particularly significant where, as in the present case, the narrow and literal reading of the statute will produce a result clearly at odds with the express intent of Congress. … We held that the employer in that case was not liable even though the plaintiff was unaware of the employer's sexual harassment policy, and the employer had neither established guidelines for dealing with sexual harassment

Charles Fox v. Amazon.com, Inc.

926 F.3d 295 · Court of Appeals for the Sixth Circuit · Jun 10, 2019

In this case, Defendant is clearly the entity “most likely to compensate” Plaintiffs for their injuries. See Owens, 915 S.W.2d at 432. … Section 323 states: 6Accordingly, we need not decide whether the Communications Decency Act, 47 U.S.C § 230, grants Defendant immunity from Plaintiffs’ TPLA claim.

Taylor v. TECO Barge Line, Inc.

517 F.3d 372 · Court of Appeals for the Sixth Circuit · Feb 20, 2008

And Wabeke testified that such a level of protection would not qualify as level A personal protective equipment. … This evidence clearly supports the conclusion that Taylor’s reaction was not idiosyncratic and that Bitumastic is not harmless.

United States v. James Wilson

501 F. App'x 499 · Court of Appeals for the Sixth Circuit · Oct 5, 2012

Wilson admits one predicate offense, but objects that his obstruction conviction does not qualify as a crime of violence. … And to the extent the statute allows for both violent and non-violent crimes, we consult Shepard documents “to see if they ‘necessarily’ establish the nature of the prior offense.” Id. (citing Shepard v.

SeTara Tyson v. Sterling Rental

836 F.3d 571 · Court of Appeals for the Sixth Circuit · Sep 2, 2016

There is no dispute that Car Source is, at the very least, a “person who regularly arranges for the extension, renewal, or continuation of credit,” such that it qualifies as a “creditor” under the statutory definition of … Notwithstanding the fact that Plaintiff’s complaint clearly differentiates between her conversion claims and her claims based on Defendants’ contractual duties, the district court erred by treating this conclusory allegation

Newmyer v. Philatelic Leasing, Ltd.

888 F.2d 385 · Court of Appeals for the Sixth Circuit · Oct 20, 1989

Whether the plaintiffs could show that their investments qualified as securities is a closer question, but we are not prepared to say at this juncture that the plaintiffs were not investing in “securities.” … In addition to the investment tax credit, the taxpayer expected to obtain a tax deduction for his lease payments, including the portion of the notes qualifying as deductible under the “at risk” rules and, we assume, the net