Case law

Clonch v. Southern OH Coal

Court of Appeals for the Sixth Circuit · Nov 27, 2006

Clonch had established the existence of pneumoconiosis, he had failed to establish that he was “totally disabled” as required for an award of benefits. Mr. … In that decision, the court held that rejecting a doctor’s opinion that relied, in part, on a non-qualifying pulmonary function test was “clearly an inappropriate reason to reject a physician’s opinion because” the regulations

Akron Center for Reproductive Health v. Slaby

854 F.2d 852 · Court of Appeals for the Sixth Circuit · Aug 12, 1988

We further conclude that the bypass procedure established by Amended Substitute House Bill 319 does not comply with the standards established in Bellotti II and its progeny, and we therefore affirm the judgment of the district … The state has made no showing that this interest is advanced by requiring the attending physician, as opposed to another qualified, responsible person, to effectuate notification.

Alphonse Rainer v. Union Carbide Corporation

402 F.3d 608 · Court of Appeals for the Sixth Circuit · Mar 25, 2005

[But e]ven though a person with HIV does not have ‘clinical disease’ they are clearly in a diseased state.” … Like the plaintiffs in the present case, the plaintiffs in Werlein claimed “chromosomal breakage” and “damage to the cardiovascular and immunal systems.” Id.

United States v. Joe W. Fountain (92-1507) Carlton B. McEaddy (92-1866)

2 F.3d 656 · Court of Appeals for the Sixth Circuit · Aug 9, 1993

This finding of “reasonable suspicion” was not clearly erroneous. … R.Evid. 401 a qualifying phrase limiting the introduction of relevant evidence to any fact that is "of consequence to the determination of the action. ...”

United States v. William Lawrence Siefert

Court of Appeals for the Sixth Circuit · Nov 24, 2025

Because of the definitive UDT machine’s complexity, the Clinic had to hire a qualified technician to run and maintain it. … Testimony also established that Ehn strayed from those parameters at nearly every opportunity.

United States v. Fleenor

212 F. App'x 418 · Court of Appeals for the Sixth Circuit · Jan 4, 2007

A factual finding is clearly erroneous when “the reviewing court . . . is left with the definite and firm conviction that a mistake has been committed.” Anderson v. … The ACCA establishes a 15 year mandatory minimum sentence for any felon convicted of possessing a firearm if the offender has three prior convictions that qualify as “violent felon[ies]” or “serious drug offense[s].” 18

Tony M. Powell v. Terry Collins, Warden

332 F.3d 376 · Court of Appeals for the Sixth Circuit · Jun 17, 2003

Sehmidt-goessling testified that she was not qualified to conduct the type of examination necessary for mitigation. … Schmidtgoessling was not even qualified to diagnose, much less measure, the extent of Petitioner’s alleged organic brain damage.

Jane K. Nickell, Now Jane K. Johnson by Marriage, and Joan D. Kincaid v. Commissioner of Internal Revenue

831 F.2d 1265 · Court of Appeals for the Sixth Circuit · Oct 27, 1987

Recovery of any sort of property wherein the value of the recovered property must be included in gross income seemingly ought to qualify. 644 F.2d at 1377-78 (emphasis in original). … Presumably, if the Court had intended to overrule the already well-established regulation, it would have done so expressly.

United States v. Irorere

69 F. App'x 231 · Court of Appeals for the Sixth Circuit · Jun 11, 2003

Standing alone, minor differences in the exposure and quality of photographs in a pretrial lineup array do not establish that the array was impermissibly suggestive. See United States v. … Offenses that do not qualify as part of a common scheme or plan may nonetheless qualify as part of the same course of conduct if they are sufficiently connected or related to each other as to warrant the conclusion that they

Danny Chambers v. Ronald Sanders

63 F.4th 1092 · Court of Appeals for the Sixth Circuit · Apr 3, 2023

This primary role of the parents in the upbringing of their children is now established beyond debate as an enduring American tradition.”); Quilloin v. … immunity.

Shemelia Burdett-Foster v. Blue Cross Blue Shield of MI

574 F. App'x 672 · Court of Appeals for the Sixth Circuit · Jul 29, 2014

“Where, as here, the plaintiff seeks to establish discrimination through indirect, rather than direct, evidence, we require the plaintiff to establish a prima facie case, followed by the familiar McDonnell Douglas burden-shifting … To establish this claim, Burdett-Foster must first present prima facie evidence that: (1) she is disabled; (2) she is otherwise qualified; (3) she suffered an adverse employment action; (4) her employer knew or had reason

Vanguards of Cleveland v. City of Cleveland, and Local Number 93, I.A.F.F., Afl-Cio, Intervenor-Appellant

753 F.2d 479 · Court of Appeals for the Sixth Circuit · Apr 22, 1985

The statistical evidence of promotion practices within the Cleveland Fire Department, combined with the City’s admission in the consent decree of past discrimination in its hiring and promotion of minority firefighters, clearly … established a substantial state interest in some remedial action.

United States v. Daniels

653 F.3d 399 · Court of Appeals for the Sixth Circuit · Jul 7, 2011

The first element of the CEE—a series of three separate predicate offenses—is easily established in this case. In Richardson v. … Some of the evidence submitted in support of Count I—such as the fact that Daniels referred to himself as a “pimp”—was clearly relevant to other counts of the indictment, as it demonstrated knowledge and intent on Daniels

Aetna Casualty and Surety Company, N/k/a Travelers Casualty and Surety Company of America, Plaintiff-Appellee/ (99-3005) v. Leahey Construction Company, Inc., Keybank National Association (Ohio) and Edward Donnelly, (98-4545)/cross-Appellees, Mark J. Elmore and Mark J. Elmore, C.P.A., Inc., Defendants-Appellees/ (99-3006)

219 F.3d 519 · Court of Appeals for the Sixth Circuit · Jul 13, 2000

A bank, however, is not immune from civil aiding and abetting claims, and to the extent that its knowledge of the primary party's tortious conduct can be proven, either by direct or circumstantial evidence, liability will … Although judgment as a matter of law is normally entered by a district court following a meritorious motion, it is "clearly within the court's power" to do so on its own initiative. American & Foreign Ins. Co. v.

In re Aaron Hill

Court of Appeals for the Sixth Circuit · May 4, 2020

“[S]tate proceedings need do no more than satisfy the minimum procedural requirements of the Fourteenth Amendment’s Due Process Clause in order to qualify for the full faith and credit guaranteed by federal law.” … The state court’s judgment against Hill clearly satisfied the minimum procedural requirements to establish full faith and credit in its judgment.

Roselyn Ann Keplinger v. Richard K. Wilson William H. Wolff, Jr. Mike Fain State of Ohio

12 F.3d 212 · Court of Appeals for the Sixth Circuit · Nov 22, 1993

under the doctrine of judicial immunity. … The acts upon which Keplinger bases her complaint were performed clearly within the subject matter of the state court of appeals.

United States v. Davis

Court of Appeals for the Sixth Circuit · Feb 9, 2005

Thus, we will proceed with our analysis under established plain error law. … And while that’s not sufficient for a downward departure, in my opinion- in this Court’s opinion, it qualifies for a sentence on the low end of the guideline range.

Presley v. Ohio Department of Rehabilitation & Correction

675 F. App'x 507 · Court of Appeals for the Sixth Circuit · Jan 6, 2017

The court agreed, finding that Presley could not show she was so clearly more qualified than Godsey as to suggest pretext. … To show that these reasons were pretext for discrimination, Presley must provide “other probative evidence of discrimination[] that . . . taken together with evidence that [she] was as qualified as or better qualified than

United States v. McGhee

161 F. App'x 441 · Court of Appeals for the Sixth Circuit · Dec 6, 2005

The mere consistency between these statements is insufficient to “clearly indicate” the trustworthiness of any single statement. C. … The district court did not clearly err in finding that defendant lacked credibility. E.

Erik Ceniceros v. Pamela Bondi

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

The BIA issued its own opinion but concluded that the IJ’s factual findings were not clearly erroneous and “affirm[ed] the decision of the Immigration Judge for the reasons stated therein.” Id. at 7. … Bondi convicted of a qualifying offense, and his “removal would result in exceptional and extremely unusual hardship” to a qualifying United States citizen or legal permanent resident. 8 U.S.C.