Case law

John Ownbey Company, Inc. v. Commissioner of Internal Revenue

645 F.2d 540 · Court of Appeals for the Sixth Circuit · Apr 2, 1981

We cannot disregard this finding as being clearly erroneous, even if we believe the evidence which supports it is not, as the Tax Court believed, overwhelming. … Under this provision, which is taken from the Uniform Fraudulent Conveyance Act, fair consideration need not be present consideration; the satisfaction of an antecedent debt will qualify.

Anderson v. International Union, United Plant Guard Workers

370 F.3d 542 · Court of Appeals for the Sixth Circuit · Jun 7, 2004

Moreover, UPGWA’s constitution specifies that qualifying individuals may receive normal retirement benefits at age sixty and that “early retirement benefits shall be in accordance with the normal retirement age.” … As will be discussed below, Plaintiffs-Appellees have not established all of the elements of estoppel.

Lloyd Eugene Brofford v. Ronald C. Marshall

751 F.2d 845 · Court of Appeals for the Sixth Circuit · Jan 8, 1985

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 … California, 343 U.S. 181 [ 72 S.Ct. 599 , 96 L.Ed. 872 ] was clearly reflected in the sum total of the voir dire examination of a majority of the jurors finally placed in the jury box.

Haliym v. Mitchell

Court of Appeals for the Sixth Circuit · Jul 13, 2007

Based upon these considerations, we find that no mitigating factors were established and, thus, the aggravating circumstances clearly outweigh evidence of mitigation beyond a reasonable doubt. … Thus, we “conduct an independent review of federal law to determine if the state court either contravened or unreasonably applied clearly established federal law.” Thompson v.

Edward Monroe v. FTS USA, LLC

860 F.3d 389 · Court of Appeals for the Sixth Circuit · Jun 21, 2017

testimony clearly contemplated by Mt. … Counsel subsequently qualified that FTS and UniTek were “not waiving ... or changing their position,” but the positions referenced were those relied upon at the status conference—the estimated-average-approach disagreement

Timothy Finley v. Mandi Salmi

Court of Appeals for the Sixth Circuit · Oct 29, 2020

To establish the first claim, Finley was required to show that the defendants were deliberately indifferent to either his safety or his serious medical needs. … Although Defendants moved for summary judgment on their qualified immunity defense, the district court denied that motion as moot, having found no underlying constitutional violation.

Sturgell v. Creasy

640 F.2d 843 · Court of Appeals for the Sixth Circuit · Feb 11, 1981

In 1958, the Act was amended to provide that marriage would not terminate the disability benefits if the qualifying child married a person who was also entitled to child disability benefits. … Allocating scarce resources to families with the greatest need clearly bears a rational relationship to the purposes of the AFDC program. 42 U.S.C. § 601 . 44 Similarly, appellants do not contend that Congress acted impermissibly

Ngs American, Inc. v. Mickey Jefferson, Representative of Estate of Bernetta Jefferson, Deceased Andrew Jefferson and Stephan Lamb, Minors, by Their Guardian, Mickey Jefferson and Mickey Jefferson, Individually

218 F.3d 519 · Court of Appeals for the Sixth Circuit · Jul 5, 2000

state court; not even complete preemption entails a right not to be sued in state court.The Supreme Court's complete preemption jurisprudence does not suggest such a right, and NGS provides not a shred of support for such immunity … Section 1144(a), by contrast, does not. 35 Moreover, state courts clearly have concurrent jurisdiction over ERISA cases that are not completely preempted. See Warner v.

Bullock v. United States

265 F.2d 683 · Court of Appeals for the Sixth Circuit · Feb 27, 1959

United States, supra, clearly the trial court must determine whether the statement or portions thereof touch upon such events and activities. … United States, 350 U.S. 377 , 76 S.Ct. 425 , 100 L.Ed. 435 , holds that a presumption of prejudice exists and requires the conclusion that reversible error was established.

Moorer v. Baptist Memorial Health Care System

398 F.3d 469 · Court of Appeals for the Sixth Circuit · Feb 11, 2005

Analysis 37 The ADA prohibits "covered entities," like Baptist, from discriminating against "a qualified individual with a disability because of the disability of such individual." 42 U.S.C. § 12112 (a). … Thus," `if the employer claims that the employee would have been discharged ... the employee, in order to establish the entitlement protected by § 2614(a)(1), must, in the course of establishing the right, convince the trier

In Re Rexplore Drilling, Inc., Debtor. J. Hunt Perkins, Trustee v. Petro Supply Company, Inc.

971 F.2d 1219 · Court of Appeals for the Sixth Circuit · Aug 5, 1992

Therefore, the above progression of caselaw demonstrates that actual intent to prefer is sufficient, but is not necessary to establish a violation of K.R.S. § 378.060. … Therefore, the presumption is sufficient to establish a violation of the statute in this case.

INDIANA STATE DIST. COUNCIL OF LABORER v. Omnicare

583 F.3d 935 · Court of Appeals for the Sixth Circuit · Oct 21, 2009

also noted in Zaluski that the statements regarding the contract, though misleading, did not require further disclosures: In City of Monroe, once the company chose to speak regarding an objective fact, it was required to qualify … In sum, the complaint does not sufficiently establish that defendants actually knew that the "legal compliance" statements were false when made.

Willia Dean Parker v. Mervyn Winwood

Court of Appeals for the Sixth Circuit · Sep 17, 2019

Plaintiffs also claim that Mervyn’s “efforts to market the infringing work throughout the United States” qualify as purposeful activity in Tennessee. … Defendants are not entitled to summary judgment because Dixon’s expert report clearly establishes a triable issue of fact as to whether Defendants copied Plaintiffs’ song.

Reginald C. Street v. City of Dearborn Heights, Michigan and Mitchell Botcher

39 F.3d 1182 · Court of Appeals for the Sixth Circuit · Nov 4, 1994

Sec. 1983 and that plaintiff's state law claims against the city were barred by governmental immunity under M.C.L.A. 691.1407 1 . … Plaintiff's attorneys are completely unaware of this established Sixth Circuit requirement.

Gir Thapa v. Eric Holder, Jr.

475 F. App'x 593 · Court of Appeals for the Sixth Circuit · Apr 12, 2012

The BIA affirmed in separate orders, concluding that the IJ did not clearly err in finding that the petitioners were not credible and that neither petitioner, regardless of credibility, had established eligibility for asylum … Holder To be eligible for asylum, an applicant must establish that he qualifies as a “refugee,” either because he has suffered past persecution or because he has a well-founded fear of future persecution.

Wiles v. Bagley

561 F.3d 636 · Court of Appeals for the Sixth Circuit · Apr 14, 2009

Under that legislation, we may grant the writ only if the state court of appeals' decision "was contrary to, or involved an unreasonable application of, clearly established federal law." 28 U.S.C. § 2254 (d)(1). A. … A psychologist's "admission" of a fact at a mitigation hearing, one already established beyond a reasonable doubt at the liability hearing, does not establish prejudice.

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 Sec. 1328(a).

Virginia Caudill v. Janet Conover

881 F.3d 454 · Court of Appeals for the Sixth Circuit · Feb 2, 2018

Supreme Court has “clearly established” that Batson applies in this setting. … But his ruling did not violate any clearly established law.

Ronald Bradley v. William G. Milliken, Governor, and Board of Education of the School District of the City of Detroit

620 F.2d 1143 · Court of Appeals for the Sixth Circuit · Apr 14, 1980

This holding is contrary to the law of this case and, treated as a finding of fact, is clearly erroneous. … In the Midland case, “[t]he record clearly demonstrate^] that the Midland School District deliberately segregated Mexican-Americans from Anglos.” 519 F.2d at 62 .

Nguyen Ex Rel. United States v. City of Cleveland

534 F. App'x 445 · Court of Appeals for the Sixth Circuit · Aug 20, 2013

Ordinarily, the “transaction” that gives rise to a cause of action will be clearly delineated. … See Lawlor, 349 U.S. at 329 (noting that such a policy “would in effect confer on [defendants] a partial immunity from civil liability for future violations”).