Case law

Arthur K. Winn, Cross-Appellant, Linda G. Winn v. American Steamship Company, Cross-Appellee

898 F.2d 155 · Court of Appeals for the Sixth Circuit · Mar 23, 1990

898 F.2d 155 Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service … Clearly both of these captains were qualified to testify as expert witnesses in this case. 11 Waddell had been a ship's electrician for 23 years, served on the Belle River for 10 years, and was responsible for all the lighting

Wayne LaFountain v. Randall Mikkelsen

478 F. App'x 989 · Court of Appeals for the Sixth Circuit · May 8, 2012

Neither of these actions establish a causal connection. … Second, though the district court did not reach the issue of qualified immunity, both parties raise the issue on appeal.

Neil Frengler v. General Motors

482 F. App'x 975 · Court of Appeals for the Sixth Circuit · Jun 7, 2012

On a Rule 12(c) motion, we must take “all well-pleaded material allegations of the pleadings of the opposing party . . . as true, and the motion may be granted only if the moving party is nevertheless clearly entitled … To state a claim under the ADA, the plaintiff must establish that (1) he is disabled, (2) he is qualified to perform the job requirements with or without reasonable accommodation, and (3) he would not have been discharged

Larry Crouch v. Honeywell International, Inc.

720 F.3d 333 · Court of Appeals for the Sixth Circuit · May 14, 2013

Plaintiffs’ original complaint clearly failed to plead sufficiently specific facts to invoke the § 2(b)(1) exception. … Clearly, plaintiffs’ brief in opposition to summary judgment is not part of the pleadings.

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.

United States v. Robinson

Court of Appeals for the Sixth Circuit · Dec 2, 2004

“Mere cessation of activity is not sufficient” to establish withdrawal from a conspiracy, Lash, 937 F.2d at 1083, and a defendant’s arrest or incarceration does not qualify as an affirmative, volitional act of withdrawal, … Although defense counsel argued that this did not establish Robinson’s voluntary absence from the sentencing hearing, the district court held otherwise, and this determination was not clearly erroneous.

Michael v. Caterpillar Fin Serv

Court of Appeals for the Sixth Circuit · Jul 31, 2007

In order to establish a prima facie case, Michael must show that she (1) is a member of a protected group, (2) suffered an adverse employment action, (3) was qualified for the position, and (4) was replaced by a person outside … This more liberal definition permits actions not materially adverse for purposes of an anti- discrimination claim to qualify as such in the retaliation context.

United States v. Paseur

148 F. App'x 404 · Court of Appeals for the Sixth Circuit · Aug 19, 2005

“A court’s factual findings in relation to the application of Sentencing Guidelines are subject to a deferential ‘clearly erroneous’ standard of review. … Pasuer also argues that the district court erred in finding that he did not qualify for the “safety valve” under U.S.S.G. § 5C1.2(a).

Dale McCourt v. California Sports, Inc., and the Los Angeles Kings, Inc., Dale McCourt v. California Sports, Inc., National Hockey League, Dale McCourt v. California Sports, Inc., National Hockey League Players' Association

600 F.2d 1193 · Court of Appeals for the Sixth Circuit · Jun 27, 1979

Clearly here the restraint on trade primarily affects the parties to the bargaining relationship. … (Local) Union (No. 3, IBEW), 325 U.S. 797 ( 65 S.Ct. 1533 , 89 L.Ed. 1939 ), this Court made explicit what had been merely a qualifying expression in Hutcheson and held that "when the unions participated with a combination

Southern Railway Company v. Willie Sula Brown Jones

228 F.2d 203 · Court of Appeals for the Sixth Circuit · Dec 17, 1955

Clearly, a question of fact for the jury was presented. … It is essential to the application of the above general rule that two important facts be clearly established; (1) That the principal held the agent out to the public as possessing .sufficient authority to embrace the particular

Douglas Baker v. Windsor Republic Doors

414 F. App'x 764 · Court of Appeals for the Sixth Circuit · Mar 8, 2011

Baker faced in his attempt to make out a claim of disability discrimination under the ADA was the requirement of establishing that he was qualified to perform the job he sought, with or without reasonable accommodation … Hence, we conclude that Baker established the third element of his retaliation claim.

United States v. Edward Delbert Doss

924 F.2d 1059 · Court of Appeals for the Sixth Circuit · Feb 6, 1991

924 F.2d 1059 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 district court's denial of the defendant's motion to dismiss is not clearly erroneous. Id.; See also Wainwright v.

In re: John R. Homes v.

Court of Appeals for the Sixth Circuit · Mar 1, 2006

Ruling from the bench, the court granted the motion, concluding that Adell was not qualified to serve as a creditor in an involuntary bankruptcy because his claim against JRH was not undisputed. … Accordingly, we reject Adell’s contention that the bankruptcy court clearly erred in finding that the record evidence establishes that the filing was the proximate cause of damage to JRH. 2.

United States v. Leon Burke

345 F.3d 416 · Court of Appeals for the Sixth Circuit · Nov 28, 2003

Consequently, the only way Burke’s pretrial suppression hearing could be covered by Rule 43 is if the hearing somehow qualified as a “stage of the trial.” 3 The background of Rule 43 makes it clear that a pre-trial motion … It was clearly related to the VIN-flipping charge that the government dropped against Burke as part of the plea bargain.

National-Southwire Aluminum Co. v. United States Environmental Protection Agency

838 F.2d 835 · Court of Appeals for the Sixth Circuit · Mar 25, 1988

The Supreme Court has established a two-step procedure for judicial review of statutory construction by an administrative agency. … This policy is clearly spelled out in Section 111(d) of the Clean Air Act, 42 U.S.C.

Manuel Sandoval, Jr. v. Toledo Correctional Institution

409 F. App'x 847 · Court of Appeals for the Sixth Circuit · Nov 30, 2010

A habeas claim cannot be granted by a federal court upon a mere determination that the “relevant state court decision applied clearly established federal law erroneously or incorrectly;” instead, the federal court must … Instead of fundamental fairness, “the basis of the immunity given to communications between husband and wife is the protection of marital confidences, regarded as so essential to the preservation of the marriage relationship

Paul Moore v. City of Paducah John Penrod, Mayor Joe Viterisi, Commissioner Robert Coleman, Commissioner Joe Flynn, Commissioner, Robert E. Green

890 F.2d 831 · Court of Appeals for the Sixth Circuit · Jan 9, 1990

any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Whether there was a clearly established constitutional right to a hearing from the City in 1981 is uncertain. See Stachura v.

United States v. Ovimmune Inc.

Court of Appeals for the Sixth Circuit · Aug 31, 2007

The article quoted Coleman as stating, “Immunized chickens produce eggs rich in antibodies which can cure mastitis, toenail fungus, rheumatoid arthritis, etc. … Williams, 952 F.2d 1504, 1516 (6th Cir. 1991) (reversing, as clearly erroneous, the district court’s imposition of a § 3C1.1 enhancement, on the ground that the defendant’s unsworn lies to law-enforcement officials did not

Brown v. City of Cleveland

294 F. App'x 226 · Court of Appeals for the Sixth Circuit · Sep 23, 2008

Brown has not established a prima facie case of failure-to- promote because his evidence does not show him to be qualified for the Claims Coordinator position. … On appeal, Brown insists that Threat was less qualified than he because she possessed only a high-school diploma.

Kentucky Speedway, LLC v. National Association of Stock

Court of Appeals for the Sixth Circuit · Dec 11, 2009

“A district court abuses its discretion if it bases its ruling on an erroneous view of the law or a clearly erroneous assessment of the evidence.” Brown v. … An injury does “not qualify as ‘antitrust injury’ unless it is attributable to an anti- No. 08-5041 Ky. Speedway, LLC v. NASCAR et al.