Case law

Oxford Varnish Corporation v. Ault & Wiborg Corporation

83 F.2d 764 · Court of Appeals for the Sixth Circuit · May 8, 1936

“This provision was inserted in the Clayton Act with the express purpose of preventing rights granted by letters patent from securing immunity from the inhibitions of the act.” United Shoe Machinery Co. v. … The possible though impermissible partial monopolies sought by the owner of a patent are clearly pointed out in the Carbice Case, supra.

Victor Taylor v. Thomas Simpson

972 F.3d 776 · Court of Appeals for the Sixth Circuit · Aug 25, 2020

“[I]t is not an unreasonable application of clearly established Federal law for a state court to decline to apply a specific legal rule that has not been squarely established by [the Supreme] Court.” … Ct. at 1747 (parties agreed Foster established a prima facie case where the prosecutor struck all four African American jurors who qualified to serve); Miller-El v.

United States v. John Rankin

929 F.3d 399 · Court of Appeals for the Sixth Circuit · Jul 12, 2019

He fails, however, to establish that § 7203 qualifies as a lesser-  No. 18-3345 United States v. Rankin Page 8 included offense. … To qualify for a lesser-included offense instruction, the greater offense must include some additional element that distinguishes it from the lesser-included offense, not the other way around.

Timothy J. Adams v. O.J. Keller, Commissioner and the U.S. Parole Commission

713 F.2d 1195 · Court of Appeals for the Sixth Circuit · Jun 22, 1983

. § 1983 is barred by the qualified immunity doctrine. See Procunier v. Navarette, 434 U.S. 555 , 98 S.Ct. 855 , 55 L.Ed.2d 24 (1978); Granger v. … Clearly, Congress had before it the entire Youth Corrections Act when the amendments were passed in 1976.

Young v. Daimlerchrysler Corp.

52 F. App'x 637 · Court of Appeals for the Sixth Circuit · Nov 22, 2002

To be chosen from the pool of minimally qualified applicants (those who completed the screening process), a candidate’s employment history must be free of “discharges from previous employment.” … The inclusion of this boilerplate language, which references several laws clearly inapplicable to Young, falls short of the required showing necessary to establish that his claim reasonably grew out of the EEOC charge.

United States v. Paulo Medina-Almaguer

Court of Appeals for the Sixth Circuit · Mar 12, 2009

Medina-Almaguer’s appeal raises one issue: Does his 1989 state-court conviction qualify as a “drug trafficking offense” within the meaning of U.S.S.G. § 2L1.2(b)(1)(A)? … Just as a charging document, written plea agreement or plea-colloquy transcript—which sentencing courts clearly may use, see Shepard, 544 U.S. at 20–21—may not suffice to show that a defendant was previously convicted of

McKnight v. GMC

Court of Appeals for the Sixth Circuit · Dec 4, 2008

Furthermore, the Court observed, while some provisions of Title VII clearly used the term “employees” to mean “current employees,” other sections used the word to mean something more inclusive than “current employees.” … of the employment position’ for a period sufficient to establish entitlement to an employer-related fringe benefit (i.e., who is otherwise entitled to receive a fringe benefit).”

United States v. Nichols

Court of Appeals for the Sixth Circuit · Jan 15, 2008

Ohio State Highway Patrol, 308 F.3d 523 (6th Cir. 2002) (rejecting officer’s qualified immunity defense and affirming partial summary judgment in favor of Hispanic motorists who brought equal protection challenge under § … One such case where waiver may be clearly inferred is when a defendant, after being properly informed of his rights and indicating that he understands them, nevertheless does nothing to invoke those rights.

Bush v. Dictaphone Corp.

161 F.3d 363 · Court of Appeals for the Sixth Circuit · Nov 23, 1998

The district court also found, without explanation, that Bush was “otherwise qualified” for the job he held. … We will assume without deciding, however, that Bush’s long tenure with Dictaphone is sufficient to show that he was “otherwise qualified.”

Albert ALLEN, Plaintiff-Appellant, v. MICHIGAN DEPARTMENT OF CORRECTIONS, Defendant-Appellee

165 F.3d 405 · Court of Appeals for the Sixth Circuit · Jan 6, 1999

In the present case, although Allen, as an African American, established that he was a member of a protected class and that he was qualified for the position of sergeant, he failed to show that he was rejected in favor of … Here, Allen clearly engaged in protected activity by filing various grievances against MDOC. The district court found, however, that Allen failed to establish that MDOC was aware of the exercise of his civil rights.

Breier v. ITT Automotive, Inc.

98 F. App'x 458 · Court of Appeals for the Sixth Circuit · May 18, 2004

The employment action of which she complained, her lay-off, was clearly the result of the downturn in ITT’s business that ultimately resulted in the closing of the bending department. … Although the plaintiff contended that the filing of a prior discrimination action against the defendant qualified as “protected activity,” the record fails to establish any causal relationship between her lay-off in 2000

Aiuppa v. United States

201 F.2d 287 · Court of Appeals for the Sixth Circuit · Dec 11, 1952

Prior decisions of this Court have clearly established that under such circumstances, the Constitution gives a witness the privilege of remaining silent. … United States, supra, and to require him to answer if it clearly appears to the court that he is mistaken in his view of the hazards of self-incrimination.

Michael G. Brosmore v. City of Covington, Donald Brown, Fire Chief for the City of Covington, Kentucky

43 F.3d 1471 · Court of Appeals for the Sixth Circuit · Dec 16, 1994

PER CURIAM. 1 In this interlocutory appeal, defendant Donald Brown challenges the district court's denial of his motion for summary judgment on the basis of qualified immunity. … On appeal, the issues are (1) whether the district court erred in denying defendant Brown's motion for summary judgment on the basis of qualified immunity after determining that the law was clearly established, (2) whether

Michael E. Valentine v. Khelleh Konteh, Warden

395 F.3d 626 · Court of Appeals for the Sixth Circuit · Jan 24, 2005

The majority, however, fails to explain why this conclusion of the Ohio Court of Appeals is contrary to, or involves an unreasonable application of, clearly established federal law. … I also fail to see where the analysis by the Ohio Court of Appeals was contrary to, or involved an unreasonable application of, clearly established federal law.

United States v. Washington

271 F. App'x 485 · Court of Appeals for the Sixth Circuit · Mar 25, 2008

In order to overturn the district court’s competency-finding, we would have to find it clearly erroneous. See Harries v. Bell, 417 F.3d at 635 . … Reliford, 471 F.3d 913, 916 (8th Cir.2006) (“if the defendant fails to object to fact statements in the presentence investigation report ... establishing that a prior offense was a violent felony conviction, the government

Boyce A. Smith, A/K/A Woody Smith v. Leggett Wire Company

220 F.3d 752 · Court of Appeals for the Sixth Circuit · Jul 17, 2000

First, Smith’s statistics were not admissible because he did not establish the number of qualified minorities available in each labor market. See Wards Cove Packing Co. v. … Midland-Ross Corp., 823 F.2d 937, 943 (6th Cir.1987) (employee statistics unaccompanied by evidence regarding qualified *762 potential from the relevant “employee statistics unaccompanied by evidence regarding qualified potential

Gregory v. Shelby County

220 F.3d 433 · Court of Appeals for the Sixth Circuit · Jul 12, 2000

We believe the award was not clearly excessive and that ample evidence was presented to establish an award of this amount. … The first theory advanced by Appellant is clearly without merit.

Brown v. City of Royal Oak

202 F. App'x 62 · Court of Appeals for the Sixth Circuit · Oct 18, 2006

Consumers Power Co., 420 Mich. 567 (1984), and all other defendants have asserted qualified immunity. … At the time of the complaint, Defendants were all government officials acting in their official capacities and assert immunity from personal civil liability in that their actions did not violate clearly established statutory

Patrick S. Collins v. George v. Voinovich, Individually and in His Official Capacity

150 F.3d 575 · Court of Appeals for the Sixth Circuit · Jul 14, 1998

Such a balancing qualifies these positions as category-four political positions. See McCloud, 97 F.3d at 1557-58 . … Clearly, the OLC legal-counsel position is a category-three position for which political affiliation is an appropriate consideration.

Crippen v. Kheder

741 F.2d 102 · Court of Appeals for the Sixth Circuit · Aug 15, 1984

Crippen’s receipt of SSI benefits automatically qualified her for the medicaid program as a categorically needy person. … Such a conclusion flies in the face of the record in this case where, from all indications, Crippen was clearly eligible as a medically needy individual at all stages herein.