Case law

United States v. Thomas A. Demonte

961 F.2d 1579 · Court of Appeals for the Sixth Circuit · May 12, 1992

961 F.2d 1579 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited … On remand, the district court either should resentence DeMonte within the applicable guideline range or clearly articulate the basis for any departure and for the reasonableness of the degree of departure.

A Forever Recovery, Inc. v. Township of Pennfield

606 F. App'x 279 · Court of Appeals for the Sixth Circuit · Apr 2, 2015

Under such circumstances, the district court’s bad-faith determination was not clearly erroneous. … Bad-faith motivation to remove for the purpose of prolonging litigation and imposing costs on the opposing party indisputably qualifies as an “unusual circumstance” that would justify the award of fees under § 1447(c),

Priorities USA v. Dana Nessel

978 F.3d 976 · Court of Appeals for the Sixth Circuit · Oct 21, 2020

To clarify FECA’s broad statement of preemption, the FEC issued regulations that clearly delineate the kinds of state laws that are and are not preempted. … That section lists all “prohibited conduct” that qualifies as a misdemeanor. MCL § 168.931. It is unsurprising that Michigan also prohibits bribing voters.

Alfredo Castro-Castaneda v. William P. Barr

Court of Appeals for the Sixth Circuit · Jul 3, 2019

The proposed group contains an ambiguous term, which makes it difficult to define clearly who belongs to the group. … By these standards, Castro-Castaneda’s proposed group is not clearly defined and fails to constitute a particular social group.

Burton S. Knapp v. John P. Kinsey

232 F.2d 458 · Court of Appeals for the Sixth Circuit · May 1, 1956

As later amended it charged that the Voting Trust Certificates were not registered under the Securities Act of 1933 and had not been qualified under the Michigan Blue Sky Law; that the Voting Trust Agreement was a restraint … Imposition of sentences which are very severe, but which are within legal limits provided by the statute, does not, standing alone, establish the necessary bias and prejudice. Calvaresi v.

National Tube Co. v. Mark

216 F. 507 · Court of Appeals for the Sixth Circuit · Jul 25, 1914

We think a review of the controlling principles, of the authoritative cases, and of the established Patent Office practice, in the light of which its grants must be considered, demonstrate that, at least in all recent patents … But when challenged in a court of justice as too broad, the words ‘substantially as herein described,’ may be resorted to as qualifying this claim of a function, result, or principle, and arguing that as the specification

William G. Steward v. Basf Corporation Oil, Chemical and Atomic Workers International Union, Afl-Cio, Local 7-390

68 F.3d 475 · Court of Appeals for the Sixth Circuit · Oct 6, 1995

Id. 12 Steward clearly satisfied the first two prongs of McDonnell Douglas, but he just as clearly failed to satisfy the latter two elements. Steward is an African-American and he was discharged from his position. … There is a complete absence of non-anecdotal evidence, however, to show that he is qualified for the position. The evidence of record affirmatively indicates that Steward was not qualified for his position.

Shemelia Burdett-Foster v. Blue Cross Blue Shield of MI

Court of Appeals for the Sixth Circuit · Jul 29, 2014

“Where, as here, the plaintiff seeks to establish discrimination through indirect, rather than direct, evidence, we require the plaintiff to establish a prima facie case, followed by the familiar McDonnell Douglas burden-shifting … To establish this claim, Burdett-Foster must first present prima facie evidence that: (1) she is disabled; (2) she is otherwise qualified; (3) she suffered an adverse employment action; (4) her employer knew or had reason

William Lynn Johnson, Sr., Johnny Mukes v. William Barr Ed Bryant

7 F.3d 233 · Court of Appeals for the Sixth Circuit · Oct 1, 1993

Johnson's claim for monetary relief is frivolous because these defendants are protected by prosecutorial immunity with regard to the activities that were alleged in his complaint. See Grant v. … Moreover, a ruling on the substantive merits of Johnson's arguments would clearly involve a determination of whether his conviction and present confinement are constitutional.

Chao v. Hall Holding Company, Inc.

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

Shumaker advised defendant Keating that an independent appraisal should be completed by a qualified independent appraiser. Consequently, defendant Keating contacted James Cunningham about the appraisal. … His own testimony established that his only job was to valuate Hall Chemical.

Frenchtown Acquisition Co. v. National Labor Relations Board

683 F.3d 298 · Court of Appeals for the Sixth Circuit · Jun 20, 2012

to determine, within reason, what scope of discretion qualifies.” … But these cases do not establish that the nurses in question are supervisors for two reasons.

Teresa Batuyong v. Secretary of Department of Defense

337 F. App'x 451 · Court of Appeals for the Sixth Circuit · Jul 6, 2009

As pertinent to this race discrimination case, Batuyong must establish as a prima facie case: (1) that she is a member of a protected class; (2) that she suffered an adverse employment action; (3) that she was qualified … Second, the Plaintiff was qualified for her job and has received positive job evaluations since she began working for DFAS in 1995.

Leon Douglas v. Keara Muzzin

Court of Appeals for the Sixth Circuit · Aug 3, 2022

First, Defendants had moved for qualified immunity on the official-capacity claims, but as the district court recognized in denying that motion, qualified immunity is available only to government officials in their individual … The district court granted qualified immunity on Douglas’s First and Fourteenth Amendment claims. Id. at 13 (Page ID #245).

Joseph Reddy v. Bennie Kelly

657 F. App'x 531 · Court of Appeals for the Sixth Circuit · Sep 28, 2016

He explains: “I ... believe [Reddy] has qualified for Posttraumatic Stress Disorder. … The record establishes that Bruner’s decision not to present PTSD evidence was not sound trial strategy. Bruner was clearly aware of Reddy’s PTSD diagnosis; he obtained Dr.

Eric Scott Patterson v. Thomas B. Haskins, Warden

470 F.3d 645 · Court of Appeals for the Sixth Circuit · Oct 31, 2006

established federal law” as determined by the Supreme Court in United States v. … The trial court permitted Carroll to testify, but granted Patterson’s motion to exclude Lisa’s testimony based on spousal immunity.

Coalition to Defend Affirmative Action, Integration & Immigrant Rights v. Regents of the University of Michigan

652 F.3d 607 · Court of Appeals for the Sixth Circuit · Sep 9, 2011

[T]o cultivate a set of leaders with legitimacy in the eyes of the citizenry, it is necessary that the path to leadership be visibly open to talented and qualified individuals of every race and ethnicity.” … Yet even using the dissent’s erroneous definition of “political” as “electoral,” the admissions committees here still qualify as “political.”

Moms For Liberty - Wilson County, Tenn. v. Wilson Cnty. Bd. of Educ.

Court of Appeals for the Sixth Circuit · Sep 9, 2025

To qualify, a plaintiff must “establish that [s]he is likely to succeed on the merits, that [s]he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in [her] favor … Plaintiffs have offered evidence clearly showing a likely causal connection between their prospective injury and the two rules and also that enjoining the rules is substantially likely to remedy that injury.

William Andrew Wright v. Stephen Spaulding

Court of Appeals for the Sixth Circuit · Sep 19, 2019

From the beginning, § 2255 was qualified by a saving clause—in non-legalese, an “unless.” … A legal conclusion that is necessary to the judgment qualifies.

Wedgewood Ltd. Partnership I v. Township of Liberty

610 F.3d 340 · Court of Appeals for the Sixth Circuit · Jun 28, 2010

“a red herring[,]” noting that the proper issue was whether the zoning commission had the authority to eliminate the zoning 8 It is unclear under Ohio law whether Wedgewood’s October 2003 application qualifies … “To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

Robert Diebel v. L & H Resources, LLC

492 F. App'x 523 · Court of Appeals for the Sixth Circuit · Jul 10, 2012

Moreover, L&H clearly articulated its reason for not recalling Diebel immediately to a job on which LaFrance was the foreman (i.e., his inefficiency at block laying) and its reason for not recalling Diebel generally (i.e … App’x 393, 396 n.3 (6th Cir. 2006) (“Evidence sufficient to establish a prima facie case is not necessarily sufficient to establish pretext.”).