Case law

National Labor Relations Board v. Tru-Line Metal Products Company and Tru-Line Screw Products, Incorporated

324 F.2d 614 · Court of Appeals for the Sixth Circuit · Nov 26, 1963

He did know, however, that there was some union activity in the plant, and it is clearly established that there was a close conjunction in time between the union activity and the discharge of these two employees. N. L. … that the plant was small and had only thirty-six employees, with about thirteen on the day shift constituting the largest group working at any one time; that the two discharged persons were among respondents’ most highly qualified

Comshare, Inc. v. United States

27 F.3d 1142 · Court of Appeals for the Sixth Circuit · Jun 27, 1994

(Under the applicable tax law, only investments in tangible property could qualify for the favorable tax treatment; investments in intangibles did not qualify.) … Congress may not have realized, in 1962, what an enormous potential for improved efficiency lay in the new kinds of equipment and technologies the Revenue Act was designed to encourage, but it was clearly hoped that the economy

United States v. Michael D. Johnson

488 F.3d 690 · Court of Appeals for the Sixth Circuit · May 25, 2007

Once she had been arrested the search, incident to that arrest, which *697 produced the drugs and money was clearly justified. Id. at 42-43 , 96 S.Ct. 2406 . … The government therefore established that Dews was qualified by his experience to interpret the street conduct he observed for the fact finders. See United States v.

Jason Babb, a Minor, Through His Parents and Next Friends, Joe and Sharon Babb v. Knox County School System

965 F.2d 104 · Court of Appeals for the Sixth Circuit · May 29, 1992

The hearing officer made very few findings of fact and concluded that the Babbs had *106 the burden of establishing the amount of reimbursement for educational expenses. … The Babbs argue that (1) the district court erred by not determining that Jason was clearly emotionally handicapped and qualified for special services under the Act, (2) the Babbs complied with the administrative exhaustion

Don Cartage Company v. United States of America. United States of America v. Don Cartage Company

289 F.2d 623 · Court of Appeals for the Sixth Circuit · Apr 24, 1961

In our view, the proper construction of the written instruments clearly indicates that the Don Cartage Company agreed to transport the X-ray unit from Chicago to Pennsylvania. … Under the rule of sovereign immunity, the government was not subject to costs; and the partial waiver of such immunity by virtue of the statute above referred to, is not here applicable.

12 Fair empl.prac.cas. 451, 11 Empl. Prac. Dec. P 10,741 John Senter, Cross-Appellee v. General Motors Corporation, Cross-Appellant

532 F.2d 511 · Court of Appeals for the Sixth Circuit · Mar 1, 1976

This fact clearly distinguishes this case from Heard v. Mueller, 464 F.2d 190 (6th Cir. 1972). … The following excerpts from the amended complaint clearly indicate the class nature of the action: II.

Caldwell v. Enyeart

72 F.3d 129 · Court of Appeals for the Sixth Circuit · Dec 8, 1995

"There are several well established rules of construction of indemnity contracts." Chrysler Corp. v. Brencal Contractors, Inc., 381 N.W.2d 814, 817 (Mich.Ct.App.1985). … Sec. 691.1407 states in relevant part: Governmental immunity from tort liability 26 Sec. 7. (1) Except as otherwise provided in this act, all governmental agencies 7 shall be immune from tort liability in all cases wherein

United States v. Chisom

249 F. App'x 406 · Court of Appeals for the Sixth Circuit · Oct 1, 2007

Career Criminal, and claims that he should have been given immunity for any statements made during allocution. … Chisom the possibility that a defendant’s conviction . . . might be established by some other form of clearly reliable evidence.” (emphasis added)).

Joseph T. McGinness v. United States of America, Internal Revenue Service

90 F.3d 143 · Court of Appeals for the Sixth Circuit · Jul 19, 1996

Thus, there are three prerequisites for establishing a § 7426 waiver of sovereign immunity. First, the person asserting the wrongful levy claim must not be one against whom the tax is assessed. … immunity, plaintiff must still prove that the levy was wrongful.

Jessica Barberick v. Paul Hilmer

Court of Appeals for the Sixth Circuit · Apr 4, 2018

Defendants Officer Mike Steward and Deputy Brett Dover were denied qualified immunity and bring this appeal. Because the relevant law was not clearly established at the time of the incident, we REVERSE. … “When a defendant appeals the denial of a motion to dismiss based on qualified immunity, we review de novo whether the complaint alleges violation of a clearly established constitutional right.

Rubbermaid, Incorporated v. Federal Trade Commission

575 F.2d 1169 · Court of Appeals for the Sixth Circuit · May 4, 1978

Moreover, a Commission finding that future illegal conduct is likely cannot be disturbed by this court unless the Commission has clearly abused its discretion. … Its wholesale contracts were clearly “contracts or agreements . . . between wholesalers.” 6 The central question, therefore, is whether Rubbermaid’s wholesale contracts provided for the “establishment or maintenance of minimum

United States v. Kevin Jemel Mickens

453 F.3d 668 · Court of Appeals for the Sixth Circuit · Jul 3, 2006

Concluding that the district court’s loss calculation was not clearly erroneous, we affirm. I. … The total, $153,802.87, qualifies Mickens for a 10-point offense-level increase.

United States v. Peter Kevin Langan

263 F.3d 613 · Court of Appeals for the Sixth Circuit · Aug 30, 2001

Copley testified at Langan’s trial that she had seen his face clearly for about three seconds as he progressed down the teller line. … Moreover, the government need not establish that any particular component be present for a device to qualify as a destructive device.

Frank McKenna v. Bowling Green State Univ.

Court of Appeals for the Sixth Circuit · Jun 13, 2014

Morgan-Russell asserts a qualified-immunity defense to these claims. The doctrine of qualified immunity is a defense to § 1983 claims. Binay v. Bettendorf 601 F.3d 640, 647 (6th Cir. 2010). … There are two general steps to a qualified immunity analysis.

Sanket Hasmukhbai Patel v. Ur Jaddou

92 F.4th 639 · Court of Appeals for the Sixth Circuit · Feb 9, 2024

Patel’s assault, disclosed their personal identifying information, and explained why they qualified for the visas. … Lambert, 544 F.3d 644, 647–48 (6th Cir. 2008) (noting that our circuit and five others have declined to find negligence sufficient to establish a “willful” violation of a statute); Calderone v.

Trihealth, Inc. v. Board of Commissioners, Hamilton County, Ohio

430 F.3d 783 · Court of Appeals for the Sixth Circuit · Dec 14, 2005

Hence, the presumption of rationality is not so clearly overcome in this case as in Bower. … TriHealth simply has not established the existence of a constitutionally protected property interest.

Bobby E. WILLIAMS, Plaintiff-Appellee, v. HEVI-DUTY ELECTRIC COMPANY, Defendant-Appellant

819 F.2d 620 · Court of Appeals for the Sixth Circuit · Jul 7, 1987

and are clearly erroneous. … The office workers "testified convincingly as to their instructions when establishing the retention policy," the court said, and the instructions clearly reflected a policy to restrict the pool of potential new-hires to people

Tate v. Boeing Helicopters

55 F.3d 1150 · Court of Appeals for the Sixth Circuit · Jun 2, 1995

The Boyle Court held that, under certain circumstances, government contractors are immune from state tort liability for design defects in military equipment. … We agree that the defendants’ success in establishing the government contractor defense against the design defect claim does not by itself establish a defense to the plaintiffs’ failure to warn claim.

Gleason v. Fahey

915 F.2d 1571 · Court of Appeals for the Sixth Circuit · Oct 2, 1990

915 F.2d 1571 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 … A qualified immunity defense is available to federal officials "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."

Graham v. Mukasey

Court of Appeals for the Sixth Circuit · Mar 20, 2008

to defend against removal on the ground that Graham’s convictions did not qualify as aggravated felonies. … the victim” of over $10,000 and, therefore, that his convictions do not qualify as aggravated felonies.