Case law

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.

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951 F.2d 350 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished … Id. 6 At trial, Curtis' attorney asked each of the government's witnesses whether they had received offers of immunity or leniency in exchange for their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.

Edward A. Smith, Jr. v. R.C. Plaster

83 F.3d 422 · Court of Appeals for the Sixth Circuit · Apr 19, 1996

Claims that lack an arguable or rational basis in law include claims for which the defendants are clearly entitled to immunity or claims of infringement of a legal interest which clearly does not exist. … In Smith's case, the defendants' actions in sentencing him to disciplinary segregation were not random or unauthorized, but were rather undertaken pursuant to established prison procedures.

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

Marvin D. Mayberry v. Robert N. Clement Everett Perry, Jr.

985 F.2d 560 · Court of Appeals for the Sixth Circuit · Jan 28, 1993

985 F.2d 560 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 … This is clearly plaintiff's major concern.

United States v. Tanz Samuels

319 F. App'x 389 · Court of Appeals for the Sixth Circuit · Apr 2, 2009

We must “ascertain whether the legislature meant the statute to establish ‘civil’ proceedings.” Kansas v. Hendricks, 521 U.S. 346, 361 (1997). … Congress clearly intended SORNA to apply to persons convicted before the Act’s passage. . . .

Jesse D. Evans v. Secretary of Health and Human Services

793 F.2d 1291 · Court of Appeals for the Sixth Circuit · May 22, 1986

It is undisputed that in order to qualify for DIB, Evans must show he was disabled prior to December 31, 1977, when his insured status expired. Evans claims that since Dr. … Moore concluded he was disabled in 1975 and later said his condition was 'worse' in 1978, this establishes his disability.

Arnold R. Duncan v. Cindy Pope

805 F.2d 1034 · Court of Appeals for the Sixth Circuit · Oct 8, 1986

A claim for defamation is clearly not cognizable under the Federal Constitution and is, therefore, not actionable under 42 U.S.C. Sec. 1983 . Paul v. … To the extent the defendants' statements were made in her capacity as a witness in a court proceeding, she also enjoys absolute immunity from a suit for damages. Briscoe v.

Tracy v. Parker

62 F.3d 1418 · Court of Appeals for the Sixth Circuit · Jul 28, 1995

Therefore, the claim for monetary relief failed because defendants were assumed to be named in their official capacities and entitled to Eleventh Amendment immunity. … Although no formal objections to the magistrate judge's report were filed, the motion to amend was clearly a response to the report and could have been liberally construed as such, cf. Sellers v.

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. Navarro-Diaz

Court of Appeals for the Sixth Circuit · Aug 18, 2005

Standard of review In reviewing a ruling on a motion to suppress, we will uphold a district court’s factual findings unless they are clearly erroneous, but will conduct a de novo review of a district court’s legal … The Supreme Court qualified its holding when it stated in the last paragraph of Lopez-Mendoza that “we do not deal here with egregious violations of Fourth Amendment or other liberties that might transgress notions of fundamental

United States v. John Farris

Court of Appeals for the Sixth Circuit · Sep 8, 2026

When it comes to drug-trafficking offenses, those who knowingly assist in drug distribution, such as drivers and couriers, qualify as participants. United States v. … These actions constitute knowing, active assistance sufficient to establish participant status. See, e.g., Plunk, 415 F.

Charles Cotten v. General Motors Fisher-Body Division, Payroll Deduction U.S. Savings Bond

77 F.3d 482 · Court of Appeals for the Sixth Circuit · Feb 15, 1996

77 F.3d 482 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.

United States v. Lee Turner

Court of Appeals for the Sixth Circuit · Jun 21, 2018

Therefore, Turner did not clearly demonstrate acceptance of responsibility. See U.S.S.G. § 3E1.1 App. … According to Turner, this constituted a violation of his Fifth Amendment privilege against self-incrimination because he was never offered immunity in exchange for this cooperation.

Mark Mayhew v. Town of Smyrna, Tenn.

856 F.3d 456 · Court of Appeals for the Sixth Circuit · May 11, 2017

the evidence in a light most favorable to the nonmovant, Rogers, 737 F.3d at 1030, “the plain language of Rule 56(c) mandates the entry of summary judgment . . . against a party who fails to make a showing sufficient to establish … Lane highlights the value we place on permitting public employees to comment on matters concerning their employment as they are “uniquely qualified to comment on matters concerning government policies that are of interest

Stevens v. Federal Reserve Bd. of Governors

935 F.2d 271 · Court of Appeals for the Sixth Circuit · Jun 11, 1991

935 F.2d 271 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 … The action lacks an arguable basis in law because the State of Michigan and its agencies are entitled to eleventh amendment sovereign immunity. See Kelley v.

Elbert Phillip Long v. Emmitt L. Sparkman Helen Howard-Hughes Parole Board of the State of Kentucky Chris Gorman, Kentucky Attorney General

81 F.3d 160 · Court of Appeals for the Sixth Circuit · Mar 20, 1996

81 F.3d 160 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.

Gjokaj v. United States Steel Corp.

700 F. App'x 494 · Court of Appeals for the Sixth Circuit · Aug 17, 2017

Hickey is clearly familiar with the company’s grievance process and easily meets the criteria of a qualifying witness. … Gjokaj at least cannot establish that U.S.