Case law

Craig Wilson v. Mark Williams

961 F.3d 829 · Court of Appeals for the Sixth Circuit · Jun 9, 2020

COVID-19 fatality rates increase with age and underlying health conditions such as cardiovascular disease, respiratory disease, diabetes, and immune compromise. … Abuse of discretion “is a highly deferential standard, and the ‘district court’s determination will be disturbed only if the district court relied upon clearly erroneous findings of fact, improperly applied the governing

United States v. Leslie Marion Phillips

630 F.2d 1138 · Court of Appeals for the Sixth Circuit · Nov 13, 1980

We are of the opinion that the court’s findings of insanity are supported by substantial evidence and are not clearly erroneous. … In these days of swift, widespread and diverse methods of communication, an important case can be expected to arouse the interest of the public in the vicinity, and scarcely any of those best qualified to serve as jurors

Gelaine Wilson v. Advance Mortgage Corporation

798 F.2d 1417 · Court of Appeals for the Sixth Circuit · Jul 18, 1986

798 F.2d 1417 Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service … Under McDonnell Douglas, which set forth the prima facie elements of a discriminatory hiring action, a plaintiff must show: 9 (i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for

Frank James Stevens v. United States

440 F.2d 144 · Court of Appeals for the Sixth Circuit · Mar 22, 1971

The judgment which established it was pronounced by Chief Justice Marshall (Gibbons v. … While I have had some doubts as to how far Congress should go in regulating matters affecting commerce, the Supreme Court decisions with regard to the Civil Rights Act of 1964, as well as other decisions, have clearly established

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. 25 Shortly thereafter

Wiley Hutcherson v. Lauderdale County, Tennessee

326 F.3d 747 · Court of Appeals for the Sixth Circuit · Apr 9, 2003

The issue of money damages was not litigated in the state court proceedings, but it clearly could have been. Plaintiffs chose to abandon this claim at the state court level, hoping to raise it in federal court. … Establishing this identity of interest for purposes of applying res judicata will "depend[] on the facts of each case."

Robert Lilley, Cross-Appellee v. Btm Corporation, Cross-Appellant

958 F.2d 746 · Court of Appeals for the Sixth Circuit · Apr 29, 1992

A plaintiff may prove a prima facie case of age discrimination by establishing that: (1) he was a member of the protected class [over age 40]; (2) he was subjected to adverse employment action; (3) he was qualified for the … This determination is clearly erroneous. The district court reduced the award partly on the basis of expenses incurred in pursuing the age discrimination claim.

Sierra Club v. United States Environmental Protection Agency

781 F.3d 299 · Court of Appeals for the Sixth Circuit · Mar 18, 2015

Or at least as likely as an environmental litigant could ever hope to establish. See Monsanto Co. v. … And because EPA has not attempted, through procedures carrying the force of law, to identify individual control measures that qualify as RACM/RACT, we need not fully address the Utilities Group’s argument.

Babick v. Berghuis

620 F.3d 571 · Court of Appeals for the Sixth Circuit · Sep 3, 2010

All of the witnesses who fingered him were admitted crack dealers testifying under immunity. … The conduct is a clear violation of a defendant’s clearly established constitutional right of expert assistance to rebut the prosecution’s expert testimony. See Ake v. Oklahoma, 470 U.S. 68, 83 (1985).

Thomas Smith v. John Howerton

509 F. App'x 476 · Court of Appeals for the Sixth Circuit · Dec 27, 2012

Michigan, 501 U.S 957, 998 (1991) (Kennedy, J., concurring in part and concurring in the judgment), only the principle itself (and not any attendant framework) qualifies as “clearly established” for the purposes of the … Smith, 48 S.W.3d 159, 2 To be sure, because Andrade post-dates the TCCA’s decision in Petitioner’s case, it does not qualify as “clearly established Federal law” under § 2254.

Merton Bond v. Karl S. Forrester

898 F.2d 153 · Court of Appeals for the Sixth Circuit · Mar 19, 1990

898 F.2d 153 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 … Here the defendant was clearly resolving disputes between Bond and other parties. Therefore, he is entitled to judicial immunity from damages.

Andersons, Inc. v. Horton Farms, Inc.

166 F.3d 308 · Court of Appeals for the Sixth Circuit · Dec 17, 1998

Lark, 108 Mich. 500 , 66 N.W. 371, 372 (Mich.1896) (where terms of contract clearly describe the signatories as personally bound, the mere description of the signatories as agents does not trump their clearly-expressed liability … In addition to the corporate designation, these contracts clearly show other "parentage." See Keidan v.

United States v. Wayne Cedric Bell

762 F.2d 495 · Court of Appeals for the Sixth Circuit · May 22, 1985

Wickizer, 633 F.2d 900, 901 (6th Cir.1980), cert. denied, 450 U.S. 935 , 101 S.Ct. 1401 , 67 L.Ed.2d 370 (1981) (government has burden of proving the reasonableness of a search once movant establishes prima facie case of … Di Re, 332 U.S. 581, 587 , 68 S.Ct. 222, 225 , 92 L.Ed. 210 (1948), “not convinced that a person, by mere presence in a suspected car, loses immunities from search of his person to which he would otherwise be entitled.”

Young v. Oakland County

176 F. App'x 644 · Court of Appeals for the Sixth Circuit · Apr 19, 2006

Oakland County Whether or not creating additional requirements is an acceptable procedure, the Court concludes that while Plaintiff has established that he was initially qualified for the job, he has … not established that he was similarly situated with Mr.

Clark v. United States

943 F.2d 51 · Court of Appeals for the Sixth Circuit · Sep 13, 1991

the prosecuting attorney has prosecutorial immunity from an action for damages; 3) that the trial judge has judicial immunity from an action for damages; and 4) that any suit for monetary damages based upon the claims against … Clark's case is so unsubstantial that the district court clearly lacked jurisdiction. Hagans v. Lavine, 415 U.S. 528, 536-37 (1974). 6 Accordingly, the district court's order is affirmed.

State Of Ohio, Department Of Mental Retardation And Developmental Disabilities v. United States Department Of Health And Human Services, Health Care Financing Administration

761 F.2d 1187 · Court of Appeals for the Sixth Circuit · May 17, 1985

It requires each state to adopt a plan for administration of programs of medical assistance for the needy, and to have an agency responsible for establishing and maintaining standards for medical institutions included under … This clearly reflects the language of 42 U.S.C. Sec. 1396 : "rehabilitation and other services to help such ... individuals attain or retain capability for independence or self-care...."

Nichols v. City of Cleveland

247 F. 731 · Court of Appeals for the Sixth Circuit · Jan 8, 1917

A; 660) is clearly inapplicable. [5] What is just shown furnishes an answer to another claim made "in behalf of the city. . … It results, in view of the absence of facts amounting to estoppel, that plaintiff is entitled to recover possession of the property and judgment for reasonable rents, issues and profits. [9] There is one qualifying consideration

United States v. James F. Moored

38 F.3d 1419 · Court of Appeals for the Sixth Circuit · Nov 1, 1994

Accordingly, [u]pon remand of a case for further proceedings after a decision by the appellate ■court, the trial court must ‘proceed in accordance with the mandate and the law of the ease as established on appeal.’ … Conversely, a defendant may understate his debts to a limited degree to obtain a loan (e.g., to expand a grain export business), which he genuinely expected to repay and for which he would have qualified at a higher interest

Doris Battle v. Haywood County Board of Education

488 F. App'x 981 · Court of Appeals for the Sixth Circuit · Jul 18, 2012

position, that she was qualified for it, and that a male applicant was hired to fill the position. … To establish a prima facie case of retaliation under either Title VII or the THRA, a plaintiff must establish that: (1) she engaged in protected activity; (2) the defendant was aware of the protected activity; (3) the defendant

United States v. Danny Phillips

383 F. App'x 527 · Court of Appeals for the Sixth Circuit · Jul 12, 2010

[or] select[ed the] sentence based on clearly erroneous facts . . . .” Gall, 522 U.S. at 51. … Phillips does not contest that the images he received and possessed included images that qualify as sadomasochistic.