Case law

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).

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”).

Edward Monroe v. FTS USA, LLC

815 F.3d 1000 · Court of Appeals for the Sixth Circuit · Mar 2, 2016

representational testimony clearly contemplated by Mt Clemens”)-, Donovan v. … 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

Claude Robinson v. Shelby County Board of Education

Court of Appeals for the Sixth Circuit · May 21, 2009

Page 5 Nonetheless, it is also well-established that “[p]ublic policy strongly favors settlement of disputes without litigation . . . . … This first effort amounted to no more than a “freedom-of-choice” plan, and it barely qualified as that.

Mark Mills v. County of Lapeer

498 F. App'x 507 · Court of Appeals for the Sixth Circuit · Sep 4, 2012

Alternatively, the court held that Miller was entitled to qualified immunity on the constitutional claims because the right at issue was not clearly established. … Although Michigan has a clearly expressed public policy in favor of eviction by judicial process in nearly all situations, see Deroshia, 391 N.W.2d at 460, Mills’s argument is dubious.

Joshua Nye and Judy Ramirez v. Csx Transportation, Inc.

437 F.3d 556 · Court of Appeals for the Sixth Circuit · Feb 14, 2006

experimental; (2) the Secretary of Transportation did not make an adequacy determination for particular improvements at railroad crossings to protect the monitoring public; (3) the Program is not an improvement project qualifying … Nye’s arguments are clearly at odds with Shanklin . It is indisputable that the Program was federally funded by the FHWA and ISTEA.

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

United States v. Gerardo Perez-Mendoza

625 F. App'x 761 · Court of Appeals for the Sixth Circuit · Sep 9, 2015

Gerardo Perez-Mendoza Agents followed the Honda to a commercial establishment five to six miles away from the Goudy Road residence. … The district court’s factual findings, based on undisputed facts, are not clearly erroneous. Wright, 747 F.3d at 412.

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.

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

Herman Holmes v. William J. Perry, Secretary of Defense

95 F.3d 1152 · Court of Appeals for the Sixth Circuit · Aug 27, 1996

After the plaintiff has established a prima facie case, the defendant has the burden of coming forward and proving that the plaintiff was not an "otherwise qualified" handicapped person, that is, that the plaintiff was unable … cannot be found to be otherwise qualified.

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.

William A. Warde v. Kermit Kaiser

887 F.2d 97 · Court of Appeals for the Sixth Circuit · Oct 6, 1989

This clearly rules out any possibility of recovery under Tenn.Code Ann. § 47-50-109; the caselaw teaches that there “must” have been a breach of contract, and here there simply was no breach. … A fortiori, it would seem, the disappointed agent has no standing where it is established that no breach of contract occurred. The insurance contract sold by the plaintiff agents in Willard v.

Bridget Ray v. Oakland County Circuit Court

355 F. App'x 873 · Court of Appeals for the Sixth Circuit · Dec 7, 2009

Defendant Established a Prima Facie Case To establish a prima facie case for failure to promote, a plaintiff must demonstrate that: (1) she is a member of a protected class; (2) she applied for and was qualified … It is incredible to imagine that a plaintiff could not make out a Title VII case when she was qualified for the position, and a defendant promoted instead a clearly unqualified employee.

United Steelworkers of America, Afl-Cio, Clc v. Cooper Tire & Rubber Company

474 F.3d 271 · Court of Appeals for the Sixth Circuit · Jan 17, 2007

Given this court’s broad reading of the 2000 Benefits Agreement’s arbitration clause, see Cleveland Elec., 440 F.3d at 814, the 2000 FASB Letter clearly falls within its scope. … In adopting the scope test, we note that it is consistent with the important goal of establishing industrial peace because this test establishes greater certainty in the bargaining process.

Nat'l Wildlife Federation v. Sec'y of the U.S. Dep't Trans.

960 F.3d 872 · Court of Appeals for the Sixth Circuit · Jun 5, 2020

The Clean Water Act clearly specifies the information that plans must include. See id. § 1321(j)(5)(D). … In Public Citizen, the agency was required to certify a person as a motor carrier if it found that person willing and able to comply with safety and financial responsibility requirements established by the Department of Transportation

Traffic Jam & Snug, Inc., Dylan Enterprises, Inc., and Ben Edwards v. Michigan Liquor Control Commission, and the State of Michigan

899 F.2d 15 · Court of Appeals for the Sixth Circuit · Apr 2, 1990

899 F.2d 15 1990-1 Trade Cases 68,996 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 … Traffic Jam has conceded that Michigan's policy prohibiting tied houses is clearly articulated.

Elizabeth Langland v. Vanderbilt University the Board of Trustees of Vanderbilt University the College of Arts and Science of Vanderbilt University

772 F.2d 907 · Court of Appeals for the Sixth Circuit · Aug 19, 1985

These distinctions qualify as nondiscriminatory academic judgments. … In light of the previous discussion, the District Court's conclusion is not clearly erroneous.

United States v. Sanders

Court of Appeals for the Sixth Circuit · Apr 20, 2005

Common Pleas case number 81CR11, and aggravated robbery in Trumbull County Common Pleas case number 83CR359,” but the record fails to indicate on what basis the district court concluded that these prior convictions were for qualifying … In any event, even if a presentence report could generally satisfy the requirements of Shepard and Taylor, which is doubtful, the presentence report in this case clearly does not; it fails to include even the most basic information

George Cacevic, an Individual Deda Cacevic, an Individual Checkers Bar & Grill, Inc., D/B/A Derby's Bar, a Michigan Corporation v. City of Hazel Park, a Municipal Corporation Hazel Park Police Department Albert Sadow, Individually and in His Official Capacity as Chief of Police of the City of Hazel Park John Doe Police Officers for the City of Hazel Park, Individually and in Their Official Capacities as Police Officers for the City of Hazel Park

226 F.3d 483 · Court of Appeals for the Sixth Circuit · Sep 1, 2000

Coopers & Lybrand, 790 F.2d 1439 , 1443 (9th Cir. 1986) ("References in memoranda and declarations to a need for discovery do not qualify as motions under Rule 56(f). … CONCLUSION 45 The decision in this case clearly turns on the outcome of the Rule 60(b) issue.