Case law

James Pachla v. Saunders System, Inc.

899 F.2d 496 · Court of Appeals for the Sixth Circuit · Mar 28, 1990

The personnel manual clearly provides that the seniority-based layoff procedure applies only to nonexempt and hourly employees. … The recall policy is clearly set forth in the personnel manual.

Jeremy Snider v. United States

908 F.3d 183 · Court of Appeals for the Sixth Circuit · Nov 9, 2018

Sentencing Guidelines Manual § 4B1.1(b)(B), because Snider qualified as a career criminal offender based on three Tennessee aggravated burglary convictions deemed crimes of violence. … We have repeatedly held that counsel is not ineffective for failing to predict developments in the law, unless they were clearly foreshadowed by existing decisions. Thompson v. Warden, Belmont Corr.

Phœnix Iron & Steel Co. v. Wilkoff Co.

253 F. 165 · Court of Appeals for the Sixth Circuit · Aug 5, 1918

evidence did not establish it. … Clearly, in each case there would have been a contract entered into. This because, though the acceptance had been on its face qualified, there was in reality no qualification in that the condition was within the option.

Worldwide Equipment, Inc. v. United States

605 F.3d 319 · Court of Appeals for the Sixth Circuit · May 17, 2010

To qualify, a vehicle must be (1) “specially designed for the primary function of transporting a particular type of load other than over the public highway,” and (2) “by reason of such special design, the use of such vehicle … That the trucks were not substantially impaired from using public roads was clearly established by facts in the record which detailed routine use of the Interstate by Worldwide trucks transporting coal from face to tipple

Automotive Electric Ass'n v. Commissioner of Int. Rev.

168 F.2d 366 · Court of Appeals for the Sixth Circuit · Jun 1, 1948

universal catalog by which it rendered a particular service to the individual members of its manufacturing division, and so was not the kind of organization which Congress intended to exempt, and we are reminded of the established … Any qualified individual or firm may join the corporation subject to the approval of its board of directors, provided the applicant is not a distributor or dealer in automobiles or trucks.

Citizens for Tax Reform v. Deters

518 F.3d 375 · Court of Appeals for the Sixth Circuit · Mar 5, 2008

qualify the proposed amendment for the ballot so long as the Statute was in force. … The court found that the district court did not clearly err in rejecting the petitioner’s evidence of circulators leaving or refusing to work in Oregon as “unsupported speculation.” Id. at 964.

Abdullah Seifuddin Shabazz, Also Known as Douglas Maurice Rogers v. Maurice L. Van Benschoten Robert Brown, Jr. Sherry L. Burt

996 F.2d 1217 · Court of Appeals for the Sixth Circuit · Jun 24, 1993

. §§ 800.73-.74 (repealed Jan. 1, 1988). 6 Brown was entitled to qualifed immunity on these claims. … The question of whether an official is protected by qualified immunity turns on the objective legal reasonableness of his actions, assessed in light of the legal rules that were clearly established when they were taken.

United States v. Rogelio Garza

999 F.2d 1048 · Court of Appeals for the Sixth Circuit · Aug 4, 1993

When read in context, references in 18 U.S.C. § 3553 (a) and (b) to “circumstances of the offense” and the existence of “aggravating or mitigating circumstances” clearly refer to the offense for which sentence is being imposed … By specific definition, the prior conviction for such a felony qualifies as a predicate for finding career offender status.

Peak v. Webb

673 F.3d 465 · Court of Appeals for the Sixth Circuit · Mar 14, 2012

We may only grant habeas relief to Peak if we find that the trial court’s decision was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United … The law in question must have been clearly established at the time the state-court decision became final, not after. See Williams v.

Patrick Reed v. Harold May

134 F.4th 455 · Court of Appeals for the Sixth Circuit · Apr 11, 2025

What types of evidence qualify as testimonial hearsay? … However, the Tenth Circuit concluded that this wasn’t actually a holding of the Supreme Court that qualified as clearly established law. Id. Exercising de novo review, the Supreme Court disagreed. Id. at 83.

Sharon L. Gragg v. Somerset Technical College

373 F.3d 763 · Court of Appeals for the Sixth Circuit · Aug 19, 2004

It is also undisputed that she was qualified to perform her former job of regional educational consultant and that she was discharged. … As we explained: Clearly there is a distinction between a discharge and a layoff. Kentucky’s statute provides that a discharge cannot take place absent cause.

Eastover Mining Co. v. Dorothy S. Williams and Director, Office of Workers' Compensation Programs, United States Department of Labor

338 F.3d 501 · Court of Appeals for the Sixth Circuit · Jul 31, 2003

Less qualified x- *514 ray analysts reached myriad results, but the ALJ permissibly considered the readers’ respective qualifications and appropriately discounted the opinions of those not fully qualified. See Staton v. … As noted, under the now-discredited “true doubt" test, a claimant could establish the existence of pneumoconiosis if conflicts in the record among qualified physicians created "true doubt” about the presence of the disease

United States v. Andrew Renfro

620 F.2d 569 · Court of Appeals for the Sixth Circuit · Jun 13, 1980

We agree with the District Court that “intervention by the court in the internal affairs of the Justice Department would clearly constitute a violation of the Separation of Powers Doctrine.” … The Petite policy was established by Attorney General William Rogers in 1959 and has been followed with some minor changes ever since.

Paige v. Coyner

614 F.3d 273 · Court of Appeals for the Sixth Circuit · Jul 26, 2010

The First Amendment clearly protects the right to speak publicly about such matters. See Glasson v. … To survive a motion to dismiss, Paige’s allegations must plausibly establish that Coyner is legally responsible for Paige losing her job. This requires Paige to establish both cause in fact and proximate cause.

Portia Boulger v. James Woods

917 F.3d 471 · Court of Appeals for the Sixth Circuit · Feb 27, 2019

Woods spends more time arguing that his use of a question mark inherently precludes his tweet from qualifying as a statement of fact: Basic grammar establishes that “[a] question mark follows every question for … Two cases helped establish that rule. First, in Scott v.

Sandusky County Democratic Party v. Blackwell

387 F.3d 565 · Court of Appeals for the Sixth Circuit · Oct 26, 2004

“Section 1983 provides a remedy only for the deprivation of ‘rights, privileges, or immunities secured by the Constitution and laws’ of the United States,” and, therefore, “it is rights, not the broader or vaguer ‘benefits … Bass, 404 U.S. 336, 349 (1971) (“[U]nless Congress conveys its purpose clearly, it will not be deemed to have significantly changed the federal-state balance.”); see also Penn Dairies, Inc. v.

Lane v. Railroad Retirement Board

185 F.2d 819 · Court of Appeals for the Sixth Circuit · Dec 8, 1950

To qualify as an employee entitled to annuity benefits, he must, therefore, be proved to have been “in the employment relation” to an employer. … The absence of an employee from service for any one of these causes was required, by the Act, to be “in accordance with the established rules and practices in effect on the employer”. Title 45 U.S.C.A. ■§ 228a (d).

United States v. Robby McFalls

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

The Government’s final position is that even if ABHAN does not categorically qualify as a crime of violence, the indictment establishes that McFalls committed a crime of violence. … This document does not clearly answer the question of whether McFalls acted purposefully or knowingly in causing the injury, or otherwise acted recklessly under circumstances manifesting extreme indifference to the No. 08

E. W. v. Detroit Pub. Sch. Dist.

Court of Appeals for the Sixth Circuit · Mar 21, 2022

Both Montgomery and Wilkins appeal the denial of qualified immunity. … A defendant is entitled to qualified immunity “so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” City of Tahlequah v.

Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes v. Railway Express Agency, Incorporated

238 F.2d 181 · Court of Appeals for the Sixth Circuit · Nov 5, 1956

We think the judgment of the District Court was clearly correct. … Such a. holding .not only ignores the long-established rule of con-struction discussed above but also ignores the use of the word “proper.”