Case law

Gene P. Murray v. Ohio Adult Parole Authority Raymond E. Capots, Chairman

916 F.2d 713 · Court of Appeals for the Sixth Circuit · Oct 17, 1990

916 F.2d 713 Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service … Only if the moving party is clearly entitled to judgment notwithstanding the truth of such allegations may the judgment be affirmed. National Metro. Bank v.

National Amusements, Inc., Cross-Appellee v. City of Springdale, Doyle H. Webster, Clerk-Treasurer

52 F.3d 326 · Court of Appeals for the Sixth Circuit · Apr 18, 1995

In October 1984, the City enacted a new tax on all entertainment establishments that exempted cinemas. … McCurry, 449 U.S. 90, 95 (1980)), the state proceedings need only satisfy the minimum procedural requirements of the Due Process Clause to qualify for full faith and credit.

Wanchik v. Great Lakes Health Plan, Inc.

6 F. App'x 252 · Court of Appeals for the Sixth Circuit · Mar 2, 2001

Indirect Evidence Wanchik also claims that she established a prima facie case by presenting sufficient circumstantial evidence. … Rather, to succeed, the plaintiff must establish that the employer “knew or should have known” of the offenses.

Balance Dynamics Corporation v. Schmitt Industries, Incorporated

204 F.3d 683 · Court of Appeals for the Sixth Circuit · Feb 25, 2000

These issues pertain to the standards for establishing a violation of the Lanham Trade-Mark Act, the relief available once a violation is established, and the method of proofs necessary to establish entitlement to such relief … That case shows that it is not necessary to show lost sales in order to establish a violation of the Lanham Act, nor is it necessary to establish that customers were actually deceived.

Static Control Components, Inc. v. Lexmark International, Inc.

697 F.3d 387 · Court of Appeals for the Sixth Circuit · Aug 29, 2012

We agree with Lexmark that its efforts in federal court, as alleged, should be immune from antitrust suit. C. … However, this distinction was never clearly made to the jury. Lexmark’s claim fails upon closer examination of the jury’s instructions.

In Re: Sahnica Denise Nolan, Debtor. Chrysler Financial Corporation v. Sahnica Denise Nolan

232 F.3d 528 · Court of Appeals for the Sixth Circuit · Oct 24, 2000

That the debtor is given the option to surrender prior to confirmation does not establish that she retains this right after confirmation when the collateral has significantly depreciated. … Section 1325(a)(5)(C), read in conjunction with sections 1325(a)(5)(A) and (B) and 1325(a)(6), clearly permits only pre-confhmation surrenders.

Merton Bond v. James F. Cook

891 F.2d 289 · Court of Appeals for the Sixth Circuit · Dec 11, 1989

891 F.2d 289 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 … Because the magistrate in this case was clearly acting within his judicial capacity, the district court correctly held that he was entitled to absolute judicial immunity. 6 The motion to dismiss the appeal is denied.

Hadix v. Johnson

143 F.3d 246 · Court of Appeals for the Sixth Circuit · Apr 17, 1998

In step one of the Landgraf analysis, a court determines whether Congress clearly defined the temporal reach of a new law. Id. at 257-63, 280 , 114 S.Ct. at 1492-96, 1505 . … Plaintiffs' attorneys' efforts do not qualify as post-judgment compliance monitoring and plaintiffs cannot rely upon their status as prevailing parties in the underlying litigation.

United States v. Gildardo Navarro-Diaz

420 F.3d 581 · Court of Appeals for the Sixth Circuit · Aug 18, 2005

Standard of review In reviewing a ruling on a motion to suppress, we will uphold a district court’s factual findings unless they are clearly erroneous, but will conduct a de novo review of a district court’s legal determinations … The Supreme Court qualified its holding when it stated in the last paragraph of Lopez-Mendoza that “we do not deal here with egregious violations of Fourth Amendment or other liberties that might transgress notions of fundamental

Albert Pickett, Jr. v. City of Cleveland, OH

140 F.4th 300 · Court of Appeals for the Sixth Circuit · Jun 9, 2025

“An abuse of discretion occurs if the district court relies on clearly erroneous findings of fact, applies the wrong legal standard, misapplies the correct legal standard when reaching a conclusion, or makes a clear error … Some injuries “readily qualify” as concrete, such as physical or monetary harms, or those specified by the Constitution. Id. at 425.

Holt v. Norris

871 F.2d 1087 · Court of Appeals for the Sixth Circuit · Feb 24, 1989

Holt and ten other prisoners filed suit against the Commissioner of the Tennessee Prisons, alleging that the lack of prison regulations on Acquired Immune Deficiency Syndrome (AIDS) violated their constitutional rights. … Further, the adoption of the AIDS policy directive 113.32 clearly demonstrates that the prison officials have not exhibited "deliberate indifference" to the serious medical needs of the prisoners. See Estelle v.

Lawrence v. Blackwell

Court of Appeals for the Sixth Circuit · Nov 29, 2005

Plaintiffs have easily met their burden of establishing the first prong. … Although there are clearly limits, a wide range of methods of requiring potential candidates to show support have been upheld as legitimate means to achieve this important state interest.

United States v. Mooneyham

Court of Appeals for the Sixth Circuit · Jan 9, 2007

The defendant’s motion to exclude was granted, but only to the extent that the statements at issue did not qualify as co-conspirator statements made in furtherance of the conspiracy. … Therefore, the statement by Walker that he obtained more drugs on May 24 than he did on May 21 is merely cumulative to other evidence which established this fact which clearly was admissible.

Clutter v. Johns-Manville Sales Corp.

646 F.2d 1151 · Court of Appeals for the Sixth Circuit · Apr 7, 1981

They argue that when the causal connection has been sufficiently established between an exposure and an injury such that it is fair to apply a discovery rule should be up to the legislature; that this is not a clear case … The Ohio Constitution, statutes, and case law clearly indicate that the amended statute does not apply to cases already filed before the amendment was enacted.

Richey v. Mitchell

Court of Appeals for the Sixth Circuit · Jan 25, 2005

Therefore, the Ohio Supreme Court’s ruling on transferred intent was neither contrary to nor involved an unreasonable application of clearly established Federal law as determined by the Supreme Court. From Williams v. … I suggest that the Ohio Supreme Court did not make any unreasonable application of clearly established Federal law here, nor was it contrary to Fiori or Bouie.

Canadian Pacific Forest Products Ltd. v. J.D. Irving, Ltd. (In re Gibson Group, Inc.)

66 F.3d 1436 · Court of Appeals for the Sixth Circuit · Sep 28, 1995

Ltd Partnership, 30 F.3d 734, 737 (6th Cir.1994), that we review the judgment of the bankruptcy court directly, and follow its findings of fact unless clearly erroneous. … The burden then shifts to the debtor-in-possession to establish, by a preponderance of the evidence, that its reason for not acting is justified.

Ky. Employees Retirement Sys. v. Seven Counties Servs., Inc.

Court of Appeals for the Sixth Circuit · Jul 20, 2020

KERS moved to dismiss Seven Counties’ adversary proceeding, raising sovereign immunity as a defense. … Seven Counties next claims that it does not remain qualified to participate. It is true that under the statutory scheme, a department may continue to participate only “as long as it remains qualified.”

Weeks v. State of Mich.

587 F. App'x 850 · Court of Appeals for the Sixth Circuit · Oct 1, 2014

In fact, Head clearly testified during his deposition that Kelley created the SPR, and Head merely rubber stamped it. … The former 30-year incumbent of the position, Bill Meyer, would not have qualified under the newly-established SPR because he did not have a clinical degree or any experience as a clinician.

National Truck Equipment Ass'n v. National Highway Traffic Safety Administration

711 F.3d 662 · Court of Appeals for the Sixth Circuit · Mar 28, 2013

These factors are clearly articulated in the Safety Act. … NHTSA quite clearly promulgated FMVSS No. 216a. In addition, unregulated IVDs do not impermissibly reallocate the statutory division of responsibility for certifying compliance.

Vernon Proctor v. Bd. of Medicine

Court of Appeals for the Sixth Circuit · Dec 4, 2017

“There are three exceptions to a state’s sovereign immunity: (1) when the state has consented to suit; (2) when the exception set forth in Ex parte Young, 209 U.S. 123 (1908) applies; and (3) when Congress has clearly and … expressly abrogated the state’s immunity.”