Case law

Overseas Motors, Inc., a Michigan Corporation v. Import Motors Limited, Inc., a Michigan Corporation, Overseas Motors, Inc., a Michigan Corporation v. Import Motors Limited, Inc., a Michigan Corporation

519 F.2d 119 · Court of Appeals for the Sixth Circuit · Jun 2, 1975

It also carried out training programs, advertised extensively, and cooperated with ANAU in helping it qualify NSU autos under American safety and emissions standards. … The court found that the proofs offered totally failed to establish the requisite restraint of trade under either of these theories.

Akron Center for Reproductive Health, an Ohio Corporation Max Pierre Gaujean, M.D., Individually and on Behalf of His Patients Patty Poe, a Minor, Individually and on Behalf of All Other Similarly Situated Persons v. Lynn Slaby, Etc. v. State of Ohio, Intervenor-Appellant

854 F.2d 852 · Court of Appeals for the Sixth Circuit · Aug 12, 1988

We further conclude that the bypass procedure established by Amended Substitute House Bill 319 does not comply with the standards established in Bellotti II and its progeny, and we therefore affirm the judgment of the district … The state has made no showing that this interest is advanced by requiring the attending physician, as opposed to another qualified, responsible person, to effectuate notification.

Northeast Ohio Coalition for the Homeless v. Husted

831 F.3d 686 · Court of Appeals for the Sixth Circuit · Aug 1, 2016

We observed that “[t]he SEIU plaintiffs have shown, and the State does not deny, that poll-worker error causes thousands of qualified voters to cast wrong-precinct ballots from the correct polling locations.” Id. … “A district court abuses its discretion when it relies upon clearly erroneous findings of fact, applies the law improperly, or uses an erroneous legal standard.” Id. (quoting Wikol v. Birmingham Pub. Schs. Bd.

Michael Meehan v. J. Paul Newman John Doe, Assistant District Attorney John Doe, Police Officer Ann Lacy Johns, Judge Susan Massey

19 F.3d 1433 · Court of Appeals for the Sixth Circuit · Mar 21, 1994

Meehan alleged that his attorney conspired with police by agreeing not to challenge a "clearly" unlawful arrest and that counsel knew Meehan was incompetent to enter a plea because he was under medication at the time the … Dodson, 454 U.S. 312, 321 (1981); the county prosecutor is entitled to immunity, Imbler v. Pachtman, 424 U.S. 409, 424-26 (1976); and the state court judge is not subject to monetary damages. Will v.

United States v. Rossen Iossifov

Court of Appeals for the Sixth Circuit · Aug 12, 2022

Viewed in isolation, the evidence may have been material insofar as it qualified Leopard’s statements in regard to Iossifov’s guilty mind. … And “[u]nder the clearly erroneous standard,” even “[w]here there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous. United States v.

Rebecca Foster v. Bd. of Regents of Univ. of Mich.

952 F.3d 765 · Court of Appeals for the Sixth Circuit · Mar 11, 2020

App’x 508, 514 (6th Cir. 2012) (“Defendant waived the immunity argument when it failed to raise the argument in its motion for summary judgment.”); Thurman v. … Not once did its action remotely count as “clearly unreasonable.” 1.

Tullis v. UMB Bank

Court of Appeals for the Sixth Circuit · Jan 28, 2008

Plaintiffs’ standing under ERISA The Employee Retirement Income Security Act (ERISA) governs employee benefit plans and establishes both the obligations of plan fiduciaries and the remedies for any breach of those … Moreover, the complaint clearly puts the defendant on notice that the plaintiffs are seeking recovery for losses that occurred to their plans. See 1-1 Fed. Lit.

Oakland Cnty. Emp. Retirement Sys. v. Sotera Health Co.

Court of Appeals for the Sixth Circuit · Feb 24, 2026

continually monitor the performance of all our tire lines, and the objective data clearly reinforces our belief that these are high-quality, safe tires,” was material. Monroe, 399 F. 3d. at 671-72 (emphasis added). … And Sotera never represented guaranteed litigation success or immunity from litigation.

Bazzetta v. McGinnis

Court of Appeals for the Sixth Circuit · Sep 13, 2005

According to the substance abuse regulation, prisoners whose visits have been permanently restricted nevertheless receive visits from “attorneys or [their] representative[s], [or] qualified clergy and staff from the Office … Accordingly, it analyzed the regulations under the formulation established by the Supreme Court in Sandin v.

Trisha Romano v. Hudson City Sch. District

Court of Appeals for the Sixth Circuit · May 6, 2019

Thus, Romano has not established that she was the clearly superior candidate, and the district court properly granted summary judgment to Hudson on her claim for age discrimination for the 2015 school year.10 See id. … qualified, [then] clearly one candidate’s qualifications are not significantly better than the other’s.”). B.

United States v. Larry T. Tarwater

308 F.3d 494 · Court of Appeals for the Sixth Circuit · Oct 16, 2002

Barton is a qualified expert in her field who possesses technical knowledge that will assist the trier of fact to understand and determine the issues in this case. … To establish a violation under Brady v.

United States v. Antone Sidney Curtis

951 F.2d 350 · Court of Appeals for the Sixth Circuit · Dec 19, 1991

951 F.2d 350 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 … Id. 6 At trial, Curtis' attorney asked each of the government's witnesses whether they had received offers of immunity or leniency in exchange for their incriminating testimony.

George Abernathy v. George Kral

Court of Appeals for the Sixth Circuit · Jun 25, 2019

To qualify for federal-officer removal under § 1442(a)(1), a federal officer “must both raise a colorable federal defense and establish that the suit is for a[n] act under color of office.” Jefferson County v. … Id. at 229 (recognizing that the Westfall Act “accords federal employees absolute immunity from common- law tort claims arising out of acts they undertake in the course of their official duties”).

United States v. Michael Lucas

636 F. App'x 296 · Court of Appeals for the Sixth Circuit · Jan 22, 2016

A court abuses its discretion when it relies on clearly erroneous facts, improperly applies the law, or uses an erroneous legal standard. United States v. Washington, 584 F.3d 693, 695 (6th Cir. 2009). … As the district court correctly recognized, Lucas qualified for a reduced sentence under Guidelines Amendment 782.

Merrianne Weberg v. Randy Franks

229 F.3d 514 · Court of Appeals for the Sixth Circuit · Oct 10, 2000

Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973) test, noting that to prove an equal protection claim under section 1983 a plaintiff must establish the same elements required to establish a disparate treatment … Lauderdale’s link to the instant conspiracy is most clearly revealed by the timing and content of her Incident Report regarding the Massenburg incident.

Rebecca Foster v. Bd. of Regents of Univ. of Mich.

Court of Appeals for the Sixth Circuit · Mar 11, 2020

App’x 508, 514 (6th Cir. 2012) (“Defendant waived the immunity argument when it failed to raise the argument in its motion for summary judgment.”); Thurman v. … Not once did its action remotely count as “clearly unreasonable.” 1.

Record Revolution No. 6, Inc. v. The City of Parma, (80-3308). Alexander J. Luka D/B/A Daystar Boutique v. The City of Lakewood, (80-3352). The Right Place, Inc. v. The City of North Olmsted, Ohio, (80-3353)

638 F.2d 916 · Court of Appeals for the Sixth Circuit · Dec 8, 1980

Interpreting the listed items as drug paraphernalia per se would clearly make the ordinances vague and overbroad. 64 The items listed in subsection (L) as common forms of drug paraphernalia are described clearly for the most … Defendant's evidence, on the other hand, established that there are items clearly identifiable as being primarily adapted or designed for the use of controlled substances.

Ka v. Gonzales

236 F. App'x 189 · Court of Appeals for the Sixth Circuit · Jun 7, 2007

Applicants qualify for withholding of removal to a particular country “if the Attorney General decides that the alien’s life or freedom would be threatened in that country because of the alien’s race, religion, nationality … Gonzales clearly established that his life and freedom would be threatened in Senegal on account of his political opinions. He was an active member of the Jef-Jel political party.

United States v. Nabila Mahbub

818 F.3d 213 · Court of Appeals for the Sixth Circuit · Mar 29, 2016

“We review a district court’s determination of a Batson challenge with ‘great deference,’ under a clearly erroneous standard.” United States v. … To prevail on this claim, Mahbub must satisfy the two-prong test established by the Supreme Court in Strickland v.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. FRANK’S NURSERY & CRAFTS, INC., Defendant-Appellee

177 F.3d 448 · Court of Appeals for the Sixth Circuit · Apr 23, 1999

The EEOC found that Frank’s had failed to establish that Adams was not qualified for the position and that Kryszak was more qualified than Adams. … The hospital sought a declaratory judgment against Mercury establishing that Mercury had no right to arbitration. See id. at 7 , 103 S.Ct. 927 .