Case law

Sidney Coal Co Inc v. Social Sec Admin

Court of Appeals for the Sixth Circuit · Oct 19, 2005

See 30 U.S.C. § 932(h); 20 C.F.R. § 725 (establishing “responsible operator” criteria). 7 See Pittston Co. v. … Accepting the SSA’s argument would undermine Congress’s clearly stated intent. 12 The SSA asserts that the Supreme Court’s ruling in Smith v.

Keenan v. McQueen

70 F.3d 1272 · Court of Appeals for the Sixth Circuit · Nov 22, 1995

The magistrate judge recommended that defendants Bergh and Place be granted summary judgment on the ground of qualified immunity, and that defendant McQueen be granted summary judgment, but only as to Keenan's due process … The moving party bears the initial burden of establishing an absence of evidence to support the nonmoving party's case. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986).

Rodney Palatka v. Savage Arms, Inc.

535 F. App'x 448 · Court of Appeals for the Sixth Circuit · Aug 9, 2013

They argue that the district court’s ultimate decision to grant summary judgment was in error because this evidence, had it been admitted, established genuine issues of material fact. … Radcliffe is qualified to offer expert opinions in this case.

Robert Williams, Jr. v. Marc Houk

676 F. App'x 524 · Court of Appeals for the Sixth Circuit · Jan 20, 2017

Because the Ohio courts did not unreasonably apply clearly established federal law, we AFFIRM. I. … It is well-established that: [i]n analyzing whether a state court decision is contrary to or an unreasonable application of clearly established Supreme Court precedent, a federal court may look only

United States v. James Streets

401 F. App'x 81 · Court of Appeals for the Sixth Circuit · Nov 12, 2010

To establish plain error, a defendant must U.S. v. … Streets 25 09-3362 not qualify as part of a common scheme or plan may nonetheless qualify as part of the same course of conduct if they are sufficiently connected or related to each other

Stephens v. Retirement Income Plan for Pilots of US Air

Court of Appeals for the Sixth Circuit · Sep 13, 2006

Because the Retirement Board treated the oral agreement as a binding alteration, they claim that this dispute qualifies as a “major dispute.” … I point out that the Company and [the Pilots Association] have bargained to agreement over various provisions incorporated into the Plan, and, clearly, they have the authority to reach an understanding on

Hugh A. O'Neill and Elizabeth O'Neill v. United States

410 F.2d 888 · Court of Appeals for the Sixth Circuit · May 1, 1969

whether the legal relationships which have been established in the formation of an organization are such that the standards are met. … The test established by the statute with respect to capital is entirely different.

Robert M. Rubin and Patricia Cohen v. Schottenstein, Zox & Dunn, Richard A. Barnhart, Danny L. Todd, and Gregory A. Todd

110 F.3d 1247 · Court of Appeals for the Sixth Circuit · Apr 15, 1997

To finance this venture, MDI established a revolving line of credit with Star Bank, National Association. … And it is well established in securities law that in a case involving a failure to disclose, "positive proof of reliance is not a prerequisite to recovery.

United States v. Milder Escobar-Temal

Court of Appeals for the Sixth Circuit · Dec 15, 2025

Originally understood, neither the First nor Fourth Amendment clearly extends to noncitizens. … Limits on the alien’s rights accord with the “immunities [he retains] from burdens which the citizen must shoulder,” like the draft or jury service. Harisiades, 342 U.S. at 586.

Janice Welch v. United States

Court of Appeals for the Sixth Circuit · Feb 3, 2025

“A district court abuses its discretion when it relies on clearly erroneous findings of fact, when it improperly applies the law, or uses an erroneous legal standard.” Bisig v. … United States In granting the Government summary judgment on Welch’s medical claims, the district court reasoned that Welch’s claims required the testimony of a qualified medical expert to establish the standard

Donahey v. Bogle

129 F.3d 838 · Court of Appeals for the Sixth Circuit · Nov 17, 1997

The testimony at trial clearly indicated that Livingstone personally participated in only the financial aspects of St. … The evidence clearly established that Livingstone had the authority to prevent the contamination of the property by his corporation; thus, as a matter of law, Livingstone was a responsible party." 5 Id. 25 Finally, this court

Bureau v. State Farm Fire & Casualty Co.

129 F. App'x 972 · Court of Appeals for the Sixth Circuit · May 5, 2005

The Supreme Court clearly indicates that such findings are not necessary where reliability is “taken for granted.” … In this case, evidence clearly establishes that the district court did not err in denying a motion for JMOL or new trial. The Bureaus argue that since Ms.

McGrew v. General Motors Corp.

159 F. App'x 616 · Court of Appeals for the Sixth Circuit · Aug 24, 2005

moved for judgment on the administrative record or, in the alternative, for summary judgment, arguing that the benefits committee’s decision should stand because it was not arbitrary or capricious and that McGrew had not established … Clearly McGrew qualifies as “discharged,” and just as clearly he is ineligible for the benefits in question.

Evoqua Water Techs. v. M.W. Watermark

940 F.3d 222 · Court of Appeals for the Sixth Circuit · Oct 7, 2019

Michigan law allows for the assignment of a contract unless clearly restricted. Shah, M.D., PC, 920 N.W.2d at 158. … Further, “information and data” lacks a qualifier or limiter, thus is susceptible to the interpretation that any copyrights on the information and data are also included. The word “assign” could be construed broadly.

Hubbard v. Gross

179 F. App'x 327 · Court of Appeals for the Sixth Circuit · May 4, 2006

Federal Malicious Prosecution Claim The officers are entitled to qualified immunity because there was probable cause to prosecute Hubbard for assault. Thus, Hubbard’s federal malicious prosecution claim fails. … Thus, there was no constitutional violation and qualified immunity on the federal malicious prosecution claim was proper. E.

In re: Colleen Renee Trudel v.

Court of Appeals for the Sixth Circuit · Aug 8, 2014

“If two views of the evidence in a case are permissible, the choice between those views made by the fact finder is not clearly erroneous.” Michigan v. … To prove “additional circumstances,” the Debtor had to establish that her medical issues precluded her from improving her financial condition.

Mona Evans v. Unumprovident Corporation

434 F.3d 866 · Court of Appeals for the Sixth Circuit · Jan 20, 2006

Abou-Khalil’s comment regarding stress as a precipitant was clearly “prophylactic” and without documentation to support it. Dr. … Moreover, although we have found “nothing inherently objectionable about a file review by a qualified physician in the context of a benefits determination,” Calvert 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.

United States v. Andre Lundy

366 F. App'x 590 · Court of Appeals for the Sixth Circuit · Feb 16, 2010

The PSR also indicated that, based on his prior convictions, Lundy qualified for career-offender status. … The district court addressed each of those factors and clearly considered them, and the other relevant sentencing factors, when sentencing Lundy to the lower end of the guideline range. (Id. at 37–42.)

Rose Wojcik, an Individual Richard Wojcik, Trustee for the Rose Wojcik Living Trust and Edgar, Inc., D/B/A Fanny's, a Michigan Corporation v. The City of Romulus, a Michigan Municipal Corporation Phillip Arthurhultz Maxine Perry and Betty Pulliam, the Michigan Liquor Control Commission, an Agency of the State of Michigan

257 F.3d 600 · Court of Appeals for the Sixth Circuit · Jul 18, 2001

1983, a plaintiff must show that the defendant (1) acted "under color of any statute, ordinance, regulation, custom, or usage, of any state" and (2) that this action deprived the plaintiffs of "any rights, privileges, or immunities … The record contains a copy of the Council's August 7, 1995 resolution, which clearly states that it approved the request to transfer the liquor license with a dance permit, but denied the transfer of the entertainment permit