Case law

Hardenberg v. Virginia, Department of Motor Vehicles (In re Hardenberg)

42 F.3d 986 · Court of Appeals for the Sixth Circuit · Dec 9, 1994

Thus, the Court found that Congress enacted the Bankruptcy Code in 1978 against the background of an established, judicially created exception to discharge for criminal penalties. Id. 479 U.S. at 46 , 107 S.Ct. at 359 . … This section provides exceptions from discharge for only four types of "debts,” so long as the debtor successfully completes his Chapter 13 plan and qualifies for discharge under § 1328(a).

City Communications, Inc. v. The City of Detroit Barden Cable-Vision and MacLean

888 F.2d 1081 · Court of Appeals for the Sixth Circuit · Nov 1, 1989

Facts In April 1981, the Detroit City Council enacted ordinances aimed at establishing a cable television system for the City. … Regarding the post-bid negotiations, we do not believe the district court’s finding that the City remained the “effective decision maker” throughout the bargaining is clearly erroneous.

United States v. Green

532 F.3d 538 · Court of Appeals for the Sixth Circuit · Jul 16, 2008

Gomes, 387 F.3d 157, 161 (2d Cir.2004) (noting that lack of evidence that defendant would qualify for civil commitment weighs in favor of government’s interest). … Griffin established the firm caveat that he had no experience in the prison setting and had great respect for the professional abilities of both Drs. Sixcox and Sigurdson.

Leonard Bradford-Bey v. Theodore H. Koehler, Travis Jones

919 F.2d 738 · Court of Appeals for the Sixth Circuit · Dec 7, 1990

919 F.2d 738 Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service … The magistrate also found that defendants had no personal involvement in the alleged deprivation, and that the defendants would be entitled to qualified immunity.

Director, Office of Workers' Compensation Programs v. Detroit Harbor Terminals, Inc.

850 F.2d 283 · Court of Appeals for the Sixth Circuit · Jun 24, 1988

Neither the statute nor the legislative history of the 1972 amendments clearly indicates the result that Congress intended under the situation here. … Hodgson argued before the House that: One problem which should be considered is whether there is a need to establish a special fund to compensate insurers for increased benefit payments.

Ralph Eldridge v. City of Warren, MI

655 F. App'x 345 · Court of Appeals for the Sixth Circuit · Jul 7, 2016

brings a protective cross-appeal, arguing that even if the district court erred in excluding the video depicting Moore’s prior taser use, a new trial is not warranted because the “video—standing alone—was insufficient to establish … City of Warren denying Moore and Horlocker qualified immunity, Eldridge v. City of Warren, 533 F. App’x 529 (6th Cir. 2013), and the case was set for trial.

United States v. Guy Jerome Ursery

59 F.3d 568 · Court of Appeals for the Sixth Circuit · Jul 13, 1995

Thus, defendant’s sentence was clearly within the range of authorized punishment. … . § 801 et seq. that is punishable by more than one year in prison is subject to forfeiture unless the owner qualifies as an “innocent owner.”

28 Fair empl.prac.cas. 1522, 28 Empl. Prac. Dec. P 32,678 Carl W. Stotts, Individually and on Behalf of All Others Similarly Situated, and Fred L. Jones v. Memphis Fire Department, Robert W. Walker, City of Memphis, Joseph Sabatini, D. L. Orders, W. R. Wilkinson, Jackie Parminter, Warner C. Uselton, Jr., Jack Presgrove, Harold Wallace, Harvey Jenkins, Fred E. Person, Jr., Preston Lee Dunn, Charley Jones, John W. Blanton, for Themselves and All Other Non-Minority Employees of the Memphis Fire Department, Similarly Situated, Proposed Intervenors-Appellants

679 F.2d 579 · Court of Appeals for the Sixth Circuit · May 7, 1982

The promotions would prevent minorities from acquiring the experience necessary to qualify for supervisory positions. … As an interim goal, the City also promised to attempt to fill at least fifty percent of all City vacancies with qualified black applicants.

Brent Adkins v. Marathon Petroleum Co., LP

105 F.4th 841 · Court of Appeals for the Sixth Circuit · Jun 24, 2024

“A district court abuses its discretion when it relies on clearly erroneous findings of fact, when it improperly applies the law, or uses an erroneous legal standard.” Bisig v. … Butler, testified that Adkins’s FVC values showed that he was not medically qualified to work on the barge. This testimony indicates that Dr. Butler views Adkins’s FVC values as a manifestation of lung problems.

Carl Thom, Jr. v. American Standard, Inc.

666 F.3d 968 · Court of Appeals for the Sixth Circuit · Jan 20, 2012

To establish good faith under the FMLA, a defendant must show that “it honestly intended to ascertain the dictates of the FMLA and to act in conformance with it.” Hite v. Vermeer Mfg. … Thom’s intraoperative surgical findings clearly documented a near complete rupture of his biceps tendon and significant inflammation and partial tearing of his rotator cuff mechanism.

United States v. Terrence Chauncey May

Court of Appeals for the Sixth Circuit · Jan 31, 2025

The text of the sentencing order definitively establishes that Defendant was (1) sentenced to a term of imprisonment that (2) exceeded sixty days. … He therefore qualifies for the two-point criminal history score as defined in U.S.S.G. § 4A1.1(b).

Faieb Makdesion v. Merrick B. Garland

Court of Appeals for the Sixth Circuit · Apr 17, 2023

While the BIA clearly stated that Heller was properly excluded based on a lack of a curriculum vitae or resume, it did not adequately explain why it upheld the exclusion of Smith. … As such, we are not persuaded that any prior determination regarding Daniel Smith and Rebecca Heller’s qualifications as experts establishes that they are entitled to be qualified as expert witnesses in this

Kyisha Jones v. David Pekoske

Court of Appeals for the Sixth Circuit · Dec 7, 2021

And CBP’s Table of Offenses and Penalties clearly provides that Jones’s violation was more serious than Danny’s. … Having failed to establish a genuine issue of material fact that she was plainly superior to her comparators, Jones must show that she “was as qualified as if not better qualified than the successful applicant, and the

Canaday v. Kelley

37 F.3d 1498 · Court of Appeals for the Sixth Circuit · Oct 14, 1994

At that time, he was informed that under Michigan civil service rules, he did not qualify for such points because he had been discharged from military duty more than three years before the date of his application for employment … Clearly, both parties did not agree that the information was necessary for the record on appeal to accurately reflect the proceedings in the lower court.

Shirley Purdy, Personal Representative of the Estate of Gary Lee Purdy v. Rial Newland City of Adrian

39 F.3d 1182 · Court of Appeals for the Sixth Circuit · Nov 2, 1994

"deprive" Purdy of any interest protected by the Due Process Clause. 10 It only remains to note that, since defendants did not violate Purdy's constitutional rights, we need not address defendants' arguments concerning qualified … immunity and municipal liability. 11 AFFIRMED. 1 For purposes of analyzing plaintiff's arguments on appeal, we consider the facts set forth in Newland's deposition to be undisputed.

Armco, Inc. v. United States Environmental Protection Agency, Natural Resources Defense Council, Inc., Intervenor

869 F.2d 975 · Court of Appeals for the Sixth Circuit · Mar 15, 1989

USE-PA contends that Congress, in 1987, clearly meant to stay NRDC's ban on removal credits in certain limited situations, and then only until August 31, 1987, 8 and that except for the narrow stay, removal credits are precluded … As a second position, USEPA asserts that Arm-co does not qualify under § 406(e)(2) in any event because prior to August 31, 1987, it has not been demonstrated that Middletown "ever issued removal credits for Armco’s use",

Elizabeth Kerwin v. Trinity Health Grand Haven Hosp.

Court of Appeals for the Sixth Circuit · May 1, 2026

Ct. at 1578–79 (explaining that the Board must qualify for relief under “traditional equitable rules” to obtain an injunction under § 10(j)). … Considering the evidence in turn, the district court did not clearly err in finding that the attendance data indicates a loss of union support.

Nicholas Morrow v. Metro. Gov't of Nashville & Davidson Cnty., Tenn.

Court of Appeals for the Sixth Circuit · Aug 15, 2023

Amendment violations and, in any event, qualified immunity would apply. Morrow v. Metro. Nashville of Davidson Cnty., No. 3:19-cv-00351, 2022 WL 884848 (M.D. Tenn. Mar. 24, 2022). … City of Akron, 794 F.3d 574, 578–80, 584–85 (6th Cir. 2015) (holding that it was not clearly established that officers could not forcibly enter plaintiff’s home where officers received information that he “made several

In Re: Terry R. Talbert and Lahna L. Talbert, Debtors. Terry R. Talbert and Lahna L. Talbert v. City Mortgage Services

344 F.3d 555 · Court of Appeals for the Sixth Circuit · Sep 24, 2003

This result appears to have been clearly established before the passage of the 1978 Act. Under the Bankruptcy Act of 1898, a lien on real property passed through bankruptcy unaffected. … From this definition, the bankruptcy court found that secured claims do not qualify as property of the estate, thus avoiding the need to classify the claims as allowed or disallowed.

Mirna Serrano v. Cintas Corporation

699 F.3d 884 · Court of Appeals for the Sixth Circuit · Nov 9, 2012

It requires a plaintiff first to establish a prima facie case by presenting *893 evidence from which a jury could find that “(1) [plaintiff] is a member of a protected class; (2) [plaintiff] was qualified for [the] job; ( … Perhaps the EEOC relied on the private plaintiffs’ complaint as establishing the context.