Case law

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.

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.

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.

Edith Allen v. BellSouth Telecommunications

483 F. App'x 197 · Court of Appeals for the Sixth Circuit · Jun 6, 2012

Around that time, she began to feel physically weak and to have trouble thinking clearly. R. 25, Attach. 5 at 35. Some days she would “cry[] uncontrollably . . . at work.” … that an impairment is a qualifying disability.

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.

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.”

Konkol v. Diebold, Inc.

590 F.3d 390 · Court of Appeals for the Sixth Circuit · Dec 22, 2009

“To qualify as ‘strong’ ..., an inference of scienter must be more than merely plausible or reasonable — -it must be cogent and at least as compelling as any opposing inference of nonfraudulent intent.” … But ranking employees based on the amount of revenue they produce is not relevant to whether the Defendants knew that Diebold was reporting false earnings unless these reports clearly reflected the revenue-recognition scheme

Laurence B. Howard, Jr. And Norton Coal Corporation v. Dun & Bradstreet, Inc.

930 F.2d 918 · Court of Appeals for the Sixth Circuit · Apr 18, 1991

immunity. … immunity.

United States v. Hynes

467 F.3d 951 · Court of Appeals for the Sixth Circuit · Nov 7, 2006

And even if Hynes had proven a variance, he nonetheless failed to establish any prejudice. … failing to object to (1) the introduction of alleged hearsay testimony, and (2) the manner in which the jury instructions characterized the credibility of Cole (who pled guilty) and Lasenby (who testified pursuant to an immunity

United States v. School District of the City of Ferndale, Michigan

616 F.2d 895 · Court of Appeals for the Sixth Circuit · Apr 4, 1980

In 1944 Superintendent Down commented on the difficulties which he had in getting qualified “colored teachers.” … Additionally, the northern boundary of the Grant School clearly did not have to be established where it was.

United States v. Tomarcus Baskerville

Court of Appeals for the Sixth Circuit · Jan 8, 2026

First, it recognizes that “district courts are uniquely qualified” to craft trial procedures and assess jurors’ demeanor, credibility, and assurances of impartiality. Id. … We’ve posited that significant juror misconduct, such as “ly[ing] materially and repeatedly,” might qualify too. Johnson, 425 F.3d at 326-27. This case bears none of those hallmarks.

Baltimore & O. R. v. Doty

133 F. 866 · Court of Appeals for the Sixth Circuit · Dec 29, 1904

With respect to the second, we have grave doubt, for the evidence did not clearly show for how long a period before the accident the defect in the box had existed, and the burden was on the plaintiff to prove that it had … From their familiarity with it and the conditions in which it is performed, they would be more likely to know and guard against defects and dangers which are presented to them; and the employé is better qualified to do the

United States v. Dominguez

Court of Appeals for the Sixth Circuit · Mar 4, 2004

But it is not clear whether Charles and related cases United States were like a family, a warm view of federal-state relations establish a rule of federal law or simply recognize a com mon ality in state that this … Carr may not fully accord with the modern view of sovereign immunity, but its general concerns remain valid.

John P. McNally and Tom McNally D/B/A McNally Elevator Service Company, Plaintiff's-Appellees v. American States Insurance Company

308 F.2d 438 · Court of Appeals for the Sixth Circuit · Sep 28, 1962

It would not have required extraordinary skill for the authors of this policy to clearly express the meaning they asked the District Court and now ask us to find in their contract. … We are of the opinion, however, that as a minimum they did cover, even with all exclusions indulged, the work of “elevator inspecting” so clearly written as the subject of the policy.

United States v. Timothy Jutodd Batey

Court of Appeals for the Sixth Circuit · Mar 8, 2023

Because two of those challenged offenses qualify as violent felonies, Batey has three prior convictions that qualify him as an armed career criminal for sentencing. … In light of this definition, (a)(1)(A)(iv) clearly qualifies as a violent felony under the ACCA’s use-of-force clause.

Advance Publications, Inc. v. United States

805 F.2d 155 · Court of Appeals for the Sixth Circuit · Nov 3, 1986

particular relevance is the Second Circuit’s decision where it recognized that the appellants would be hampered in presenting their case, but ruled that “the limitations on adversary argument caused by in camera submissions are clearly … One court has interpreted Hickman as giving opinion work product nearly absolute immunity. In re Murphy, 560 F.2d at 336 .

Jones v. Continental Corp.

789 F.2d 1225 · Court of Appeals for the Sixth Circuit · May 6, 1986

She claimed to have been passed over for promotion to supervising underwriter in favor of a less-qualified white employee (Carol Brown) who transferred from the San Francisco office. … The district court found that Jones’s proof was so insubstantial that she had established a prima facie case of illegal discrimination only as to the Carol Brown transfer.

McCARTHNEY v. BUSEY

954 F.2d 1147 · Court of Appeals for the Sixth Circuit · Feb 27, 1992

(McCarthney was not sure Woods was qualified to serve as second in command.) 10 J/A at 313. … petitioners, except Buchanan and Woods, whose cases have been remanded for further determination, has failed, with respect to the original emergency orders, to demonstrate likelihood that the Administrator's decision was clearly

United States v. Hudson

Court of Appeals for the Sixth Circuit · Apr 22, 2005

Rodriguez, 497 U.S. 177 (1990), the case that established the concept of apparent authority. … Finally, we note that the consent forms provided to13 Potts clearly indicate her rights to demand a warrant and to refuse the officers’ requests to search.

Estate of Dohoney Ex Rel. Dohoney v. International Paper Co.

560 F. App'x 564 · Court of Appeals for the Sixth Circuit · Mar 28, 2014

Clearly, the periodic maintenance and repair of the cranes are integral to the work performed at the Mill. 6 Estate of Dohoney ex rel. Dohoney v. … Gish testified on deposition that he worked on the crane, but he qualified that by saying that the work was limited, and “[i]f they [Konecranes] needed assistance, if they didn’t have enough man power, then we would provide