Case law

Cornett v. Benham Coal, Inc.

227 F.3d 569 · Court of Appeals for the Sixth Circuit · Sep 7, 2000

In that form brief, Cornett clearly points to the opinion of Drs. Vaezy and Baker as the focus of the dispute. … If this is so, Cornett’s ailments do not qualify as statutory pneumoconiosis. See 20 C.F.R. 718.201. But, of the three, only Dr.

John L. Lewis, Josephine Roche and Henry G. Schmidt, as Trustees of the United Mine Workers of America Welfare and Retirement Fund v. James M. Pennington, Crossplaintiffs-Appellants v. United Mine Workers of America, Cross John L. Lewis, Josephine Roche and Henry G. Schmidt, as Trustees of the United Mine Workers of America Welfare and Retirement Fund v. James M. Pennington, Cross v. United Mine Workers of America, Cross John L. Lewis, Josephine Roche and Henry G. Schmidt, as Trustees of the United Mine Workers of America Welfare and Retirement Fund v. Harry P. Stansberry, Individually and T/a Stansberry Coal Company, Cross v. United Mine Workers of America, Cross John L. Lewis, Josephine Roche and Henry G. Schmidt, as Trustees of the United Mine Workers of America Welfare and Retirement Fund v. Jesse C. Fesler and Nola Fesler, Individually and T/a Fesler Coal Company, Cross v. United Mine Workers of America, Corss John L. Lewis, Josephine Roche and Henry G. Schmidt, as Trustees of the United Mine Workers of America Welfare and Retirement Fund v. U. R. Arnold and Mrs. U. R. Arnold, Individually and T/a Arnold Strip Mining Company, a Partnership, and the Arnold Coal Company, Inc., Cross v. United Mine Workers of America, Cross Defendant- John L. Lewis, Josephine Roche and Henry G. Schmidt, as Trustees of the United Mine Workers of America Welfare and Retirement Fund v. Tennco, Incorporated, Cross v. United Mine Workers of America, Cross John L. Lewis, Josephine Roche and Henry G. Schmidt, as Trustees of the United Mine Workers of America Welfare and Retirement Fund v. E. C. McPherson Individually and T/a E. C. McPherson Coal Company, M. W. Norquest and E. C. McPherson Individually and T/a McPherson Coal Company, Cross v. United Mine Workers of America, Cross Dean Coal Company v. United Mine Workers of America, W. R. Parton D/B/A W. R. Parton Coal Company v. United Mine Workers of America

400 F.2d 806 · Court of Appeals for the Sixth Circuit · Dec 9, 1968

The Court concluded that the combination of businessmen violated the Sherman Act unless it was immunized by participation by the union. … This clearly would be an impermissible ground upon which to tax the Union all the costs in these cases.

Terrence Johnson v. Phil Bredesen

Court of Appeals for the Sixth Circuit · Oct 28, 2010

Giles, 312 F.3d 220, 229 (6th Cir. 2002), the Privileges or Immunities Clause of the Fourteenth Amendment prohibits states from abridging the privileges or immunities of No. 08-6377 Johnson et al. v. … But in any event, even if voting qualifies as a privilege or immunity of citizenship, Plaintiffs fail to state a claim because, under the Supreme Court’s holding in Richardson, the Constitution authorizes the complete abrogation

Michael Meyer v. City of Cincinnati

943 F.2d 52 · Court of Appeals for the Sixth Circuit · Aug 27, 1991

B. 8 Plaintiff's remaining claim for malicious prosecution against Leugers was dismissed on the grounds of "qualified immunity," since probable cause for plaintiff's arrest existed under Ohio law, which provides: 9 (A) No … Creighton, 483 U.S. 635 (1987) (Law enforcement officials are entitled to qualified immunity in the performance of their official functions). 15 We agree with the district court that a police officer in Leugers' position

Sami K. Berri Tina Orham Berri v. Alberto R. Gonzales, Attorney General

468 F.3d 390 · Court of Appeals for the Sixth Circuit · Nov 16, 2006

It is the applicant’s burden of proof to establish that he qualifies for refugee status. … not in conformity with the law, the IJ makes a clearly erroneous factual determination, or the Board needs to reverse the IJ’s decision.” 351 F.3d 717 , 727 n. 6 (6th Cir.2003).

Lillian O. HALE, Plaintiff-Appellee, v. CUYAHOGA CO. WELFARE DEPT., Et Al., Defendants-Appellants

891 F.2d 604 · Court of Appeals for the Sixth Circuit · Dec 19, 1989

After an initial screening for minimal initial qualifications, ten applicants, including both Hale and Hanna, were deemed preliminarily qualified. … After the plaintiff has established a pri-ma facie case of discrimination, the burden of production shifts to the defendants to show evidence of a legitimate, nondiscriminatory reason for its action in hiring the male.

William J. O'Hara III v. John T. Wigginton Wayne Dunn Al C. Parke and Fred Cowan

24 F.3d 823 · Court of Appeals for the Sixth Circuit · May 18, 1994

Accordingly, states and their officials are immune from such suits in federal court, absent the state’s unequivocal consent. Id. at 99-101 , 104 S.Ct. at 907-08 . … In reviewing a habeas proceeding, factual findings by the district court are subject to a clearly erroneous standard of review. Warner v.

Aneta Lumaj v. Alberto R. Gonzales

462 F.3d 574 · Court of Appeals for the Sixth Circuit · Sep 6, 2006

Lumaj first contends that the BIA’s streamlined review process, specifically single-judge review and the clearly erroneous standard for reviewing factual determinations, violated Lumaj’s constitutional right to due process … Thus, she does not qualify as a “refugee” under the INA and is not entitled to asylum.

Clay v. United Parcel Service, Inc.

501 F.3d 695 · Court of Appeals for the Sixth Circuit · Aug 31, 2007

To meet this burden, “the defendant must clearly set forth, through the introduction of admissible evidence, the reasons” for its decision. Tex. Dep’t of Cmty. Affairs v. … As explained above, UPS’s citations to the record do not “clearly set forth, through ... admissible evidence, the reasons” why Moss was ineligible for the Mid- *706 dleburg Heights position.

United States v. Brandon Alexander

954 F.3d 910 · Court of Appeals for the Sixth Circuit · Apr 1, 2020

And the district court’s factual determination will be disturbed only if it was clearly erroneous. United States v. Calhoun, 49 F.3d 231, 234 (6th Cir. 1995). … Havis— decided after Alexander was sentenced—we held that attempt crimes do not qualify as controlled substance offenses under U.S.S.G. § 4B1.2(b). 927 F.3d at 387.

United States v. Wood

Court of Appeals for the Sixth Circuit · Apr 17, 2000

Wood 3 robbery, however, the offense still clearly meets Wilson’s convictions for crimes of violence. The probation officer second criteria. … adopted the probation officer’s establish that the offense involves the “use, attempted use, or recommendation, finding that Wood had two prior threatened use of physical force” may the court then look at convictions

Parker-Hannifin Corporation v. Commissioner of Internal Revenue

139 F.3d 1090 · Court of Appeals for the Sixth Circuit · Mar 23, 1998

The qualified cost is equal to the sum of the fund’s “qualified direct cost” for such year, and, subject to the limitation of § 419A(b), any addition to a “qualified asset account” (QAA) for the year. Id. § 419(c)(1). … In any event, we note that Parker’s "Tax Matters” document for the month of June 1987 clearly indicates that Parker did not establish a reserve for the payment of post-retirement benefits.

Smith Wholesale Company, Inc. v. R.J. Reynolds Tobacco Company

477 F.3d 854 · Court of Appeals for the Sixth Circuit · Feb 27, 2007

We nonetheless would be remiss if we were to suggest that market-share discounts are immune from Robinson-Patman scrutiny. … The Shreve Court held that, under the circumstances, the plaintiff's president clearly understood that the plaintiff would not receive the discount.

Robert Kenneth Dewey v. Reynolds Metals Company

429 F.2d 324 · Court of Appeals for the Sixth Circuit · Aug 11, 1970

Reynolds fur *328 ther alleged that Dewey refused to perform overtime work on Sundays or to arrange for another qualified employee to replace him, basing his refusal on his religious convictions. … Reynolds also issued an interpretation that any employee assigned to overtime could be relieved from the assignment simply by arranging for another qualified employee to replace him. This system was used extensively.

Adam Kanuszewski v. Mich. Dep't of Health & Hum. Servs.

141 F.4th 796 · Court of Appeals for the Sixth Circuit · Jun 25, 2025

We also affirmed the dismissal of claims seeking damages against the defendant-employees in their individual capacities based on qualified immunity. Id. … ongoing operation of the Newborn Screening Program and the future invocation of qualified immunity by state employees involved in the program.”

Russo v. Budd

95 F. App'x 140 · Court of Appeals for the Sixth Circuit · Apr 5, 2004

The district court, finding that no constitutional violation occurred, granted Budd’s motion for summary judgment on the ground of qualified immunity and dismissed the claims against the County. … Although Wellington clearly relied on information gathered by Budd, he also ordered an evidentiary hearing presided over by a neutral decisionmaker.

Jaimes v. Toledo Metropolitan Housing Authority

758 F.2d 1086 · Court of Appeals for the Sixth Circuit · Mar 25, 1985

The Secretary is clearly empowered to “withhold funds or defer action in the name of desegregation,” 114 Cong. … HUD not only claims the court erred in awarding damages, but also claims to be protected by sovereign immunity. .

Geneva Gray, Administratrix of the Estate of Roy A. Gray, Deceased v. L. J. Navy Trucking Company, Inc.

475 F.2d 545 · Court of Appeals for the Sixth Circuit · Mar 28, 1973

in running the test and the chain of custody of the samples need not be established. … United States, supra, held that the competency of records admitted under this Act must be otherwise established.

Anthony v. BTR Auto Sealing

Court of Appeals for the Sixth Circuit · Aug 8, 2003

See Harris, 300 F.3d dismissal of § 1981 claims on qualified immunity grounds at 1187 (noting that the federal courts “have split in and not reaching statute of limitations issue), cert. denied, 535 determining … The establishment of a gave him his resume.

Dendinger v. State of OH

207 F. App'x 521 · Court of Appeals for the Sixth Circuit · Nov 14, 2006

Dendinger can establish neither. … On appeal, BCI & I again neglected to brief or argue the immunity issue with respect to the IIED claim. A state may waive Eleventh Amendment immunity through its litigation conduct. Lapides v.