Case law

Morelock v. NCR Corp.

586 F.2d 1096 · Court of Appeals for the Sixth Circuit · Oct 6, 1978

Although not clearly articulated in their briefs on appeal, plaintiffs appear to assert two arguments. … Fourthly, the evidence does not establish that the seniority system effectuated a classification of senior techs by age.

Aetna Casualty & Surety Co. v. Leahey Construction Co.

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 … Elmore now argues that “Travelers offers no support for its argument that both defendants must specifically object to a clearly erroneous jury charge.” Elmore, however, improperly places the burden on Travelers.

Jeffery Lichtenstein v. Tre Hargett

83 F.4th 575 · Court of Appeals for the Sixth Circuit · Oct 5, 2023

This act qualifies as conduct, not speech. Admittedly, the First Amendment provides some protection to “expressive conduct.” … Similarly, the Court determined that a restriction on boycotts, asserted to be an economic protection measure, unconstitutionally interfered with the NAACP’s associational rights because the organization’s boycott “clearly

George Killian v. City of Riverview

98 F.3d 1342 · Court of Appeals for the Sixth Circuit · Oct 9, 1996

98 F.3d 1342 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished … Because of these representations, the officers' actions were not unreasonable and they are thus entitled to qualified immunity from individual liability. See Pray v. City of Sandusky, 49 F.3d 1154, 1157 (6th Cir.1995).

Samuel Kiriazis v. Vincent Polito

410 F. App'x 958 · Court of Appeals for the Sixth Circuit · Feb 15, 2011

Kiriazis argues that he is entitled to habeas relief because the state appellate court unreasonably applied clearly established federal law when it concluded that there was sufficient evidence that he operated a brothel … Kiriazis first challenges as an unreasonable application of clearly established federal law the state court’s determination that there was sufficient evidence to support his convictions.

Gary Dressler v. Bradford Rice

Court of Appeals for the Sixth Circuit · Jun 28, 2018

The district court held that Dressler’s § 1983 claims against the state actors failed because the state actors were entitled to qualified immunity. … Specifically, on the Second Amendment claim, the district court concluded there was no clearly established right to openly carry a firearm in a private establishment.

Director, Office Of Workers' Compensation Programs, United States Department Of Labor v. Detroit Harbor Terminals, Inc.

850 F.2d 283 · Court of Appeals for the Sixth Circuit · Sep 21, 1988

He interprets this provision as indicating that while disability must commence prior to the amendments' effective date to permit special fund reimbursement, death must actually occur before that time to similarly qualify. … Hodgson argued before the House that: One problem which should be considered is whether there is a need to establish a special fund to compensate insurers for increased benefit payments.

El-Zabet v. Nissan North America, Inc.

211 F. App'x 460 · Court of Appeals for the Sixth Circuit · Dec 22, 2006

C To establish a prima facie case of discriminatory termination, a plaintiff must demonstrate that “1) she is a member of a protected class; 2) she was qualified for the job and performed it satisfactorily; 3) despite … El-Zabet clearly engaged in protected activity under the opposition clause when he made his internal complaint to Stout in April 2003, but he never claimed that the company terminated him because of that protected activity

Chao v. Hall Holding Co.

285 F.3d 415 · Court of Appeals for the Sixth Circuit · Apr 3, 2002

Clearly, the duties charged to an ERISA fiduciary are “the highest known to the law.” … These facts clearly demonstrate that defendants engaged in a prohibited transaction.

Gary Glenn Cooper and Robert Earl Calloway v. Gene Scroggy, Superintendent, Kentucky State Penitentiary, and David L. Armstrong, Attorney General

845 F.2d 1385 · Court of Appeals for the Sixth Circuit · Apr 26, 1988

Because our criminal justice system is accusatorial, not inquisitorial, the State must establish guilt by evidence “independently and freely secured.” … This type of “denial” is too qualified to be given persuasive weight when, as here, admitted physical force already has been used on an interrogatee.

Human Engineering Institute v. Commissioner of Internal Revenue, Joseph S. Kopas and Mary E. Kopas v. Commissioner of Internal Revenue

629 F.2d 1160 · Court of Appeals for the Sixth Circuit · Aug 6, 1980

The findings of the Tax Court were by no means clearly erroneous. See Commissioner v. Duberstein, 363 U.S. 278 , 80 S.Ct. 1190 , 4 L.Ed.2d 1218 (1960); Biggs v. Commissioner, supra. … The Court expects the parties to stipulate evidence to the fullest extent to which complete or qualified agreement can be reached including all material facts that are not or fairly should not be in dispute. (2) In preparation

United States v. Timothy Miller

434 F.3d 820 · Court of Appeals for the Sixth Circuit · Jan 11, 2006

The § 851 notice established that the defendant had pleaded guilty to possession of amphetamine in a Georgia state court in 1986 and was sentenced to two years probation under the state's first offender statute. … [but] is clearly not meant to provide them with a technical legal advantage if, not having learned a lesson, they continue their criminal conduct." 747 F.Supp. at 376 .

Karl L. Jones v. Priscilla Blanchard and City of Kent

999 F.2d 540 · Court of Appeals for the Sixth Circuit · Jul 16, 1993

Toledo Hosp., 964 F.2d 577, 582 (6th Cir.1992). 13 The magistrate judge found that plaintiff failed to establish a prima facie case under McDonnell Douglas because plaintiff failed to show that he was qualified for the position … In sum, plaintiff has referred to no evidence in the record which would lead us to determine that the district court was clearly erroneous in its finding that plaintiff was not qualified for the position of repair operator

Rainer v. Union Carbide Corp

Court of Appeals for the Sixth Circuit · Mar 8, 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.

Matthews v. Storgion

174 F. App'x 980 · Court of Appeals for the Sixth Circuit · Apr 17, 2006

Immunity Appellants argue on appeal that absolute and qualified immunity shield them from liability for Appellees’ claims. … “Thus, proximate cause, or legal cause, concerns a determination of whether legal liability should be imposed where cause in fact has been established.” Id. (quotation omitted).

Robert L. Mason v. Will Tom Wathen

956 F.2d 1164 · Court of Appeals for the Sixth Circuit · Mar 12, 1992

956 F.2d 1164 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 … as those in which the defendants are immune from suit. 7 Upon review, it is clear that Mason's complaint should be dismissed pursuant to § 1915(d).

Littriello v. United States

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

However, the Court did not hold that a specific number of those characteristics had to be present in order to establish the business entity as a corporation, nor did it address the consequence of a partnership having some … directive to courts to give deference to an agency’s interpretation of statutes that the agency is entrusted to administer and to the rules that govern implementation, as long as they are reasonable, are clear, and are clearly

United States v. School District

577 F.2d 1339 · Court of Appeals for the Sixth Circuit · May 17, 1978

Further, the definition of agreement provided by the Uniform Commercial Code as enacted by Georgia provides the necessary guidance for establishing the existence of an agreement in this case: “Agreement” means the bargain … The existence of a security agreement would immunize the conduct of Chemical Bank from liability for conversion.

Robert F. Zurla v. The City of Memphis Criminal Justice Complex State Court System

77 F.3d 483 · Court of Appeals for the Sixth Circuit · Feb 12, 1996

77 F.3d 483 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 … In any event, plaintiff's claims clearly lack an arguable basis in law or in fact. First, Tennessee and its agencies are immune from liability for money damages under the Eleventh Amendment. See Welch v.

Ray Sales v. Reginald Wilkinson

85 F.3d 629 · Court of Appeals for the Sixth Circuit · May 16, 1996

85 F.3d 629 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