Case law
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557 F.3d 257 · Court of Appeals for the Sixth Circuit · Mar 3, 2009
Like the defendants in Mullin and Turner , Garner was carefully read his Miranda rights and stated clearly to officers that he understood those rights. … Garner agreed to execute a written waiver form, was cooperative during the interrogation, and clearly explained the incident in Mack’s apartment.
Cited 61 timesPublished346 F.3d 180 · Court of Appeals for the Sixth Circuit · Oct 8, 2003
Entry of summary judgment is appropriate "against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof … An important reason for this position has been to prevent implementation of a scheme to file a complaint for the purpose of establishing a privilege to publicize its content and then dropping the action.
Cited 5 timesPublishedDearborn Street Building Associates, LLC v. Huntington National Bank
411 F. App'x 847 · Court of Appeals for the Sixth Circuit · Feb 17, 2011
“A court abuses its discretion when it commits a clear error of judgment, such as applying the incorrect legal standard, misapplying the correct legal standard, or relying upon clearly erroneous findings of fact.” … See Fed.R.Civ.P. 11(c)(5) (immunizing represented parties only where the basis for sanctions is Rule 11(b)(2)).
Cited 9 timesUnpublishedUnited States v. City of Cincinnati
771 F.2d 161 · Court of Appeals for the Sixth Circuit · Aug 29, 1985
. § 2000e, et seq., requires the court to consider the effect of a consent decree on seniority *163 rights established by state law and a collective bargaining agreement. … The decree established a long term goal of having the proportion of blacks and women in all sworn ranks of the CPD approximately equal to the proportion of qualified blacks and women in the labor force of the city.
Cited 7 timesPublishedAlfred Kwamena Newton and Florita S. Newton v. Immigration and Naturalization Service
736 F.2d 336 · Court of Appeals for the Sixth Circuit · Jun 7, 1984
Thus, he must both meet, or have waived, the foreign residency requirement and come within the quotas and other qualifications established for immigrant visas. … Any further efforts to forestall deportation, or change the Newtons' immigration status, are clearly in their hands, and those of their attorney.
Cited 23 timesPublished97 F.4th 338 · Court of Appeals for the Sixth Circuit · Mar 26, 2024
If so, the court “should enforce the subpoena unless the employer establishes that the subpoena is ‘too indefinite,’ has been issued for an ‘illegitimate purpose,’ or is unduly burdensome.” … Barnes & Noble Book Stores, Inc., 128 F.3d 990, 992–93 (6th Cir. 1997) (discussing alternative theories under which an entity may qualify as an individual’s employer).
Cited 8 timesPublishedState Farm Mutual Auto. Ins. Co. v. Michael Angelo
95 F.4th 419 · Court of Appeals for the Sixth Circuit · Mar 5, 2024
This language clearly encompasses the FCA Action. … Establishing such a rule would read words into the FCA that are not there.
Cited 7 timesPublished897 F.2d 845 · Court of Appeals for the Sixth Circuit · Jan 2, 1990
We conclude that the court's findings and conclusions were not clearly erroneous, and we decline to reverse the dismissal of the Title VII claim. B. … To establish a cause of action for fraud, the plaintiff would have to establish each of the elements listed above.
Cited 0 timesPublishedJacada Ltd v. Intl Mktg Strategies
Court of Appeals for the Sixth Circuit · Mar 18, 2005
To merit reversal, the award “must fly in the face of clearly established legal precedent.” Ibid. … Similarly, there exists no clearly established principle barring a finding of procedural unconscionability.
Cited 0 timesPublished257 F.3d 600 · Court of Appeals for the Sixth Circuit · Jul 18, 2001
1983, a plaintiff must show that the defendant (1) acted “under color of any statute, ordinance, regulation, custom, or usage, of any state” and (2) that this action deprived the plaintiffs of “any rights, privileges, or immunities … The record contains a copy of the Council's August 7, 1995 resolution, which clearly states that it approved the request to transfer the liquor license with a dance permit, but denied the transfer of the entertainment permit
Cited 67 timesPublished919 F.2d 1160 · Court of Appeals for the Sixth Circuit · Nov 28, 1990
(Tenn.Ct.App.1981). 18 In the instant case, the relevant portions of the manual provided: 19 [The Policy Statement, on page 4] 20 Equal Employment Opportunity: It is Eastman's policy to provide equal opportunity for all qualified … This provision, in my view, does not affect the retroactivity of the Act, which remains clearly stated in section 15(b)(1).
Cited 2 timesPublished627 F.3d 205 · Court of Appeals for the Sixth Circuit · Dec 10, 2010
The “fortress theory” provides “that a connection is established if it reasonably appears that the firearms found on the premises controlled or owned by a defendant and in [the defendant’s] actual or constructive possession … Finally, the district judge’s fact-finding in this matter has not been shown to be clearly erroneous. B.
Cited 32 timesPublishedCourt of Appeals for the Sixth Circuit · May 18, 2007
In short, the state court’s decision was not contrary to nor an unreasonable application of clearly established federal law. The district court did not err in denying the merits of this claim. B. … Nevertheless, for the reasons just discussed, this case is distinguishable from DePew, and therefore, is neither contrary to nor an unreasonable application of clearly established federal law.4
Cited 0 timesPublishedMichaline Neview v. D.O.C. Optics Corporation
382 F. App'x 451 · Court of Appeals for the Sixth Circuit · Jun 25, 2010
Moreover, Neview has not clearly identified the sex of this other employee who was granted leave. … To establish a prima facie claim of wrongful termination, it is plaintiff’s burden to establish that: (1) she was a member of a protected class; (2) she was qualified for the position; (3) she was terminated from employment
Cited 9 timesUnpublishedRachel Clark v. William Jackson
Court of Appeals for the Sixth Circuit · Apr 5, 2023
that they qualified for an exemption.”). … the virus and had no immunity.
Cited 0 timesUnpublishedUnited States v. Antwone Miguel Sanders
106 F.4th 455 · Court of Appeals for the Sixth Circuit · Jun 28, 2024
Molina, 37 F.4th 278, 286 (5th Cir. 2022) (observing that a case “cannot clearly establish the law [when] the court found no Fourth Amendment violation”). 2. Franks. … City of Barbourville, a qualified immunity case that applied the identical good faith analysis, the affidavit at issue lacked any information meaningfully linking the place to be searched to the defendant, and was not supported
Cited 43 timesPublishedJoseph Ozormoor v. T-Mobil USA, Inc.
459 F. App'x 502 · Court of Appeals for the Sixth Circuit · Jan 25, 2012
True, the Act prohibits consumer agreements that “purport[] to waive a right, benefit, or immunity provided by law, unless the waiver is clearly stated and the consumer has specifically consented to it.” Mich. Comp. … At any rate, Ozormoor has not shown that the arbitrator consciously ignored “clearly defined” legal authority in reaching his decision, as he must to establish a manifest disregard of the law. Dawahare v.
Cited 3 timesUnpublishedUnited Steelworkers of America, Local 4839 v. New Idea Farm Equipment Corporation
917 F.2d 964 · Court of Appeals for the Sixth Circuit · Oct 29, 1990
The employer argued that the arbitrator heard Friday’s testimony concerning the insulation business and did not qualify in any way the requirement that “interim earnings” be deducted. … The employer also argues that the district court’s interpretation of the award was clearly correct.
Cited 19 timesPublishedRepublic Steel Corp. v. Costle
621 F.2d 797 · Court of Appeals for the Sixth Circuit · Apr 17, 1980
Acute episodes of high pollution have clearly resulted in mortality and morbidity. … The exception was broadened by the elimination of this qualifying language.
Cited 23 timesPublishedCourt of Appeals for the Sixth Circuit · Jun 9, 2009
Indisputable falsehood is not established by a simple swearing contest. … The district court’s summary rejection of Jack Pascoe’s affidavit was thus improper, and should be rejected as clearly erroneous. (JA 1810); see Girts v.
Cited 0 timesPublished
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