Case law

Rhodney Reck v. State of Ohio

978 F.2d 1259 · Court of Appeals for the Sixth Circuit · Oct 26, 1992

978 F.2d 1259 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited … Claims that lack an arguable basis in law include claims for which the defendants are clearly entitled to immunity and claims of infringement of a legal interest which clearly does not exist.

ECIMOS, LLC v. Carrier Corp.

Court of Appeals for the Sixth Circuit · Aug 21, 2020

Moreover, it seems quite apparent that the database-script source code that contained the results table qualifies as a protectable copyright. … Section 504(b) states clearly that, “[i]n establishing the infringer’s profits, the copyright owner is required to present proof only of the infringer’s gross revenue, and the infringer is required to prove his or her deductible

Epstein v. United States

174 F.2d 754 · Court of Appeals for the Sixth Circuit · Apr 11, 1949

His profit at the expense of the corporation was clearly proved. In United States v. … An opinion, and expressions in an opinion, are qualified by the particular facts of the case in which they are used. W-R Co. v. Sova, 6 Cir., 106 F.2d 478 .

Bruce B. Wesselman v. Helen Howard-Hughes

83 F.3d 423 · Court of Appeals for the Sixth Circuit · Apr 22, 1996

83 F.3d 423 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished … Claims that lack an arguable basis in law include claims for which the defendants are clearly entitled to immunity and claims of infringement of a legal interest which clearly do not exist; claims that lack an arguable or

Denhof v. Grand Rapids

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

Peterson observed: Clearly, the tension between Ofc. … In doing so, he forfeited the protection of the honest belief rule, because the jury could have easily concluded that his reliance on a doctor who had already made up his mind did not qualify as reasonable reliance.

Bluegrass Ford-Mercury, Inc. v. Farmers National Bank of Cynthiana

942 F.2d 381 · Court of Appeals for the Sixth Circuit · Aug 20, 1991

The bankruptcy court’s findings of fact with regard to Bluegrass’ assets and liabilities during the preference period can be reversed only if clearly erroneous. … The only figure Farmers offered to establish leasehold value was the price Morris paid Web-ber. As Bluegrass points out in its brief, however, the contract price included all of Bluegrass’ property.

Phoenix Engineering, Inc. v. MK-Ferguson of Oak Ridge Co.

966 F.2d 1513 · Court of Appeals for the Sixth Circuit · Jun 11, 1992

The NLRA establishes a general rule against such agreements. … Tb ndividual and association plaintiffs are clearly not interested parties because they did not bid on any contracts.

Moeller v. GARLOCK SEALING TECHNOLOGIES, LLC

660 F.3d 950 · Court of Appeals for the Sixth Circuit · Sep 28, 2011

The district court did not disturb the verdict on defendant’s motion for judgment notwithstanding the verdict, however, because the verdict questions clearly indicated that a finding of negligence depended on the jury’s assessment … Frank, the plaintiff’s well-qualified expert, explained that mesothelioma is a dose-response disease; as a result, the likelihood of mesothelioma goes up with increased exposure to asbestos fibers.

William Ochadleus v. City of Detroit

838 F.3d 792 · Court of Appeals for the Sixth Circuit · Oct 3, 2016

It did not require, at conception, any codified definitions or terms; it did, however, require, as a qualifying element, a conceptual means “to determine the extent to which the plan ha[d] progressed,” In re United Producers … Because this concern about public services and political process does not arise in every Chapter 9 bankruptcy case—as it clearly does not arise in the present case—it is not a valid reason to conclude that equitable mootness

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

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.

Exel, Inc. v. S. Refrigerated Transp., Inc.

905 F.3d 455 · Court of Appeals for the Sixth Circuit · Sep 25, 2018

Based on this evidence, and because no evidence suggests that the rate paid by Exel varied with the shipment’s value, the district court’s finding that the parties had negotiated a flat rate is not clearly erroneous. … claims any reliance on Exel’s representation in “a ‘Truckload Pricing Request’ . . . that the value of the Sandoz cargo transported by SRT would be ‘typically $1 Million or less,’” we note that typically is an important qualifier

United States v. Robert E. Bratcher

833 F.2d 69 · Court of Appeals for the Sixth Circuit · Jan 19, 1988

In Parr, the Court very clearly held that an order granting a motion to dismiss an indictment is not within the Cohen exception. 17 Furthermore, in United States v. … It is well established that an interlocutory appeal cannot be taken from the denial of a motion to dismiss on the basis of a violation of the Speedy Trial Act. United States v.

Wayne L. Patrick v. United States of America Joseph Owczarek Brenda J. Leonard

99 F.3d 1139 · Court of Appeals for the Sixth Circuit · Oct 15, 1996

99 F.3d 1139 78 A.F.T.R.2d 96 -7076 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 United States has waived sovereign immunity to certain tort claims under the FTCA.

Lam v. Ashcroft

112 F. App'x 477 · Court of Appeals for the Sixth Circuit · Oct 13, 2004

The first step is whether the applicant qualifies as a refugee. Only if the petitioner qualifies as a refugee may the Attorney General choose to exercise his discretion and grant asylum. Ibid. … It is clearly not true that “any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252(b)(4)(B).

Rouster Ex Rel. Estate of Rouster v. County of Saginaw

749 F.3d 437 · Court of Appeals for the Sixth Circuit · Apr 9, 2014

Clearly then, Jerry had an objectively serious need for medical treatment. See Blackmore, 390 F.3d at 897. … But she clearly took appropriate steps to protect Jerry.

Yu Lin v. Mukasey

293 F. App'x 404 · Court of Appeals for the Sixth Circuit · Sep 5, 2008

[She] has established that she will say pretty much anything to be granted asylum and to remain in the United States. Her explanation that Mr. … As a result, an applicant who fails to show eligibility for asylum necessarily does not qualify for withholding of removal. Singh, 398 F.3d at 401. B.

Clarence D. Casey v. Fisher Body Division, General Motors Corporation

787 F.2d 588 · Court of Appeals for the Sixth Circuit · Mar 12, 1986

The district court further agreed with GM's contention that in all three instances GM promoted the 'highest qualified individual.' … We conclude that the district court's non-discrimination finding was not clearly erroneous.

Susan E. Daughenbaugh, Cross-Appellee v. Bethlehem Steel Corp., Great Lakes Steamship Div., Cross-Appellant

891 F.2d 1199 · Court of Appeals for the Sixth Circuit · Dec 14, 1989

Gary Gnacinski (“Gnacinski”), an M/V Foy Oiler and Qualified Man in the Engine Department, as well as Gintz and Chirkun, all testified that if a seaman became intoxicated while on shore leave, the officers and crew looked … Additionally, Atlass is clearly distinguishable from the case at bar.

Robert Thompson v. Dale Foltz

907 F.2d 151 · Court of Appeals for the Sixth Circuit · Jul 6, 1990

907 F.2d 151 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 … Nevertheless, Bush says he did not review the court file which clearly indicated to Bush that the proceeding in question had been held. 18 Id.

Shreve Equipment, Inc., Cross-Appellant v. Clay Equipment Corporation, Cross-Appellee

650 F.2d 101 · Court of Appeals for the Sixth Circuit · May 18, 1981

For the four year period from 1971 through 1974 Shreve was qualified to receive a volume discount on the basis of its sales volume. 3 Based on the testimony of Shreve’s economist, the district court found that the denial … The evidence linking the violation to the injury sustained must be more precise than that needed to establish the amount of damages. Van Dyk Research Corp., supra.