Case law

In Re Dickson

655 F.3d 585 · Court of Appeals for the Sixth Circuit · Aug 26, 2011

App. 1998) (noting that the filing of a lis pendens does not create a lien against property or establish priority among creditors). … Moreover, lay persons, such as Dickson, are not qualified to make legal conclusions. Fed. R. Evid. 701(c); Mitroff v. Xomox Corp., 797 F.2d 271, 276-77 (6th Cir. 1986).

Planned Parenthood of Greater Ohio v. Lance Himes

888 F.3d 224 · Court of Appeals for the Sixth Circuit · Apr 18, 2018

ODH does not grapple with precedent, which clearly holds that abortion providers have standing to enforce their patients’ abortion rights. See PID 2138; Singleton v. … The district court concluded that PPAU failed to establish a likelihood of success on this point . . . . . . . .

Carol Stallings v. Georgia-Pacific Corp.

675 F. App'x 548 · Court of Appeals for the Sixth Circuit · Jan 10, 2017

Because this court’s precedents clearly foreclose the theory of causation on which Stallings relies against Georgia-Pacific, and the Kentucky Supreme Court has not clearly indicated that it would rule otherwise, the district … As to the claims against Georgia-Pacific, the court found that Stallings had failed to establish that the company’s products were a substantial factor in bringing about Mr.

Marshall v. SSC Nashville Operating Co.

686 F. App'x 348 · Court of Appeals for the Sixth Circuit · Apr 18, 2017

Rather, the decision must fly in the face of clearly established legal precedent.” Jaros, 70 F.3d at 421 (citation omitted). … Because Marshall cannot demonstrate that the arbitrator’s decision was in error, much less that it “fl[ies] in the face of clearly established legal precedent,” Jaros, 70 F.3d at 421 (citation omitted), she cannot overcome

MacDonald v. United Parcel Service

430 F. App'x 453 · Court of Appeals for the Sixth Circuit · Jul 14, 2011

In order to establish a prima facie case of age discrimination, a plaintiff must show that he “was (1) a member of a protected class, (2) subject to an adverse employment action, (3) qualified for the position, and that … B On appeal, UPS does not dispute that MacDonald has established the first three elements of a prima facie case of age discrimination: he is a member of a protected class, he was fired from his job, and he was qualified

Royal Insurance v. Orient Overseas Container Line Ltd.

525 F.3d 409 · Court of Appeals for the Sixth Circuit · May 8, 2008

Appellants argue that Clause 4(D) is “expressly subjunctive and contingent” because preceded by the qualifying phrase “if applicable.” Appellants Reply Br. at 18. … The title of Clause 4(D)(4) explicitly makes that clause conditional by including the qualifying phrase “if applicable.”

Gentry v. Commissioner of Social Security

741 F.3d 708 · Court of Appeals for the Sixth Circuit · Feb 4, 2014

Substantial evidence on the record as a whole establishes that Gentry is disabled by multiple physical impairments. … Enbrel falls within a line of drugs called “biologics,” which are grown from live tissue and which attack the immune system.

Wayne A. Vawter, Luke A. Vawter, a Minor Child v. Arthur L. Deller

68 F.3d 476 · Court of Appeals for the Sixth Circuit · Oct 19, 1995

68 F.3d 476 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 or rational 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; claims that lack

Marshall v. Whirlpool Corp.

593 F.2d 715 · Court of Appeals for the Sixth Circuit · Feb 22, 1979

It is established law that employees have the right to strike in this country. … This is one of the areas in which there is clearly a distinction between the bill as reported by the committee and the substitute proposed.

Laurence Wolf Capital Management Trust v. City of Ferndale

61 F. App'x 204 · Court of Appeals for the Sixth Circuit · Apr 10, 2003

The ZBA determined, as a factual matter, that petitioner’s telecommunications tower qualified as a nonconforming use under § 5.7.3. … Michigan law has not established criteria for showing practical difficulty. Nat’l Boatland. 146 Mich.App. at 387 , 380 N.W.2d 472 .

Teen Ranch v. Udow

Court of Appeals for the Sixth Circuit · Jan 17, 2007

(3) The department shall ensure that faith-based organizations are able to apply and compete for services, programs, or contracts that they are qualified and suitable to fulfill. … The district court’s opinion was sound, as it clearly articulated and provided the reasoning for rejecting Teen Ranch’s constitutional claims.

Chamberlin v. Commissioner of Internal Revenue (Two Cases). Toner v. Commissioner of Internal Revenue. Carl v. Commissioner of Internal Revenue. Schrock v. Commissioner of Internal Revenue. Pierce v. Commissioner of Internal Revenue

207 F.2d 462 · Court of Appeals for the Sixth Circuit · Oct 14, 1953

within the principles established in Towne v. … In our opinion, the redemption feature, qualified as it was with respect to premiums, amounts subject to redemption in each year, and the length of time the stock would be outstanding, together with the acceptance of the

Shelly Cook v. Greenleaf Twp., Mich.

Court of Appeals for the Sixth Circuit · Jun 15, 2021

Yet their appellate brief’s two-page argument on this pure fact question falls well short of establishing a clear error. … Keller and Schuette ignore most of these factors when arguing that the attorney’s fees award was clearly excessive.

Jeffrey Kent Overbey v. Dr. Samuel Breeding Tim Pipen John Shupe Jeffrey Reece

895 F.2d 1414 · Court of Appeals for the Sixth Circuit · Feb 15, 1990

895 F.2d 1414 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 … Claims are frivolous where it is clear from the face of the complaint that defendants are entitled to immunity. 109 S.Ct. at 1833 . 6 Prison authorities may be sued for deliberate indifference to the serious medical needs

United States v. Ruben Gauna

485 F. App'x 70 · Court of Appeals for the Sixth Circuit · Jun 18, 2012

Gauna disagrees that Hernandez’s testimony established even two ounces because he asserts her testimony was not reliable. … Waldon, 206 F.3d 597, 609 (6th Cir. 2000) (“This telephone call clearly qualifies as an attempt on the part of Waldon to direct another person to conceal evidence material to the investigation.”).

Edward Pinchon v. Raymond Byrd

Court of Appeals for the Sixth Circuit · Dec 21, 2021

Montgomery did not clearly establish the federal law that Pinchon claims it does. To be “clearly established” federal law, Supreme Court precedent must announce a “controlling” legal principle. Panetti v. … None of Montgomery’s holdings clearly establishes Pinchon’s proffered standard of review for state collateral-review courts. Two on-point holdings from Montgomery apply here.

Daneshvar v. INS

Court of Appeals for the Sixth Circuit · Jan 20, 2004

It is therefore unclear whether or not an act that designated by the Secretary of State under section 219 of such would qualify as “engage in terrorist activity” must at the same time be Act (8 U.S.C. 1189 … circumstances clearly show an abuse of discretion, that § 1182(a)(3)(B)(vi)(III). Compare 8 U.S.C.

Sharon Schellenberg v. Township of Bingham

436 F. App'x 587 · Court of Appeals for the Sixth Circuit · Aug 31, 2011

Although government officials may be entitled to qualified immunity in certain instances, this court need not address that issue because the plaintiffs have failed to demonstrate any deprivation of their Fourteenth Amendment … Darga “proposes to preserve wetlands as open space”; (2) Darga “is working with the Benzie-Leelanau Health Department for on-site sewage disposal” and “shows septic systems on remote sites”; and (3) Darga “needs to state clearly

Krulock v. Gowesky

857 F.2d 1474 · Court of Appeals for the Sixth Circuit · Sep 13, 1988

857 F.2d 1474 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 … claims which provided the basis for pendent jurisdiction were disposed of before trial. 4 In the context of this litigation, we are of the opinion that Judge Gilmore did not err in reaching those state issues which were clearly

Pipefitters Local 636 Insurance Fund v. Blue Cross Blue Shield of Michigan

654 F.3d 618 · Court of Appeals for the Sixth Circuit · Aug 12, 2011

The individual actions would create the risk of inconsistent adjudication that would establish incompatible standards of conduct. … ASC customer to determine whether BCBSM actually controls “plan assets” so as to qualify as an ERISA fiduciary.