Case law

Coker v. Gielow

806 F.2d 689 · Court of Appeals for the Sixth Circuit · Jan 5, 1987

His annuity amount was computed under the formula specified in the 1974 Act, and that amount, once established, is clearly subject to full reduction for future social security entitlement. … It is this feature of the Act that operates most conclusively to bring railroad annuities in line with those which would have been payable under the social security system, a goal clearly established by the legislative history

South Ridge Baptist Church v. Industrial Commission of Ohio

911 F.2d 1203 · Court of Appeals for the Sixth Circuit · Aug 17, 1990

Further, the court held that the scheme was the least restrictive means available for achieving those state interests because Ohio Rev.Code § 4123.35 allows a qualified employer to opt for self-insurance. … fund, since the Church cites with approval the West Virginia example where churches are exempt from mandatory participation in the workers’ compensation program but may choose to participate in the fund and thus secure immunity

Morgan Services, Inc. v. Local 323, Chicago and Central States Joint Board, Amalgamated Clothing and Textile Workers Union, Afl-Cio

724 F.2d 1217 · Court of Appeals for the Sixth Circuit · Feb 15, 1984

It employs drivers to service its customers along established routes. … The arbitrator clearly found that Childress’ actions constituted insubordination. 7 IV.

Gte North, Inc. v. John G. Strand

209 F.3d 909 · Court of Appeals for the Sixth Circuit · Apr 20, 2000

Although the order at issue in this case is clearly distinguishable from an interlocutory order entered in a § 252 proceeding, the commissioners urge us to overlook the order’s state law origins because the order establishes … Although the MPSC was arguably trying to establish a “coherent policy” concerning local interconnection rates, Michigan state law clearly authorizes the dictates in the Commission’s February 25 order.

United States v. Veggacado

37 F. App'x 189 · Court of Appeals for the Sixth Circuit · Jun 14, 2002

The government bears the burden to establish, by a preponderance of the evidence, that the property is subject to forfeiture. United States v. … Instead, reasonable inferences may be drawn from the evidence presented to establish a nexus between the property and drug activity.

Marcus A. Noble v. Brinker International, Inc.

391 F.3d 715 · Court of Appeals for the Sixth Circuit · Dec 3, 2004

in support of the prima facie case “drops out of the picture,” with the result that a plaintiff is immune from judgment as a matter of law so long as there is sufficient evidence to warrant the jury’s rejection of the employer … It is undisputed that Noble introduced evidence to support the first three elements of his prima facie case; that is, (1) he was a member of a protected class; (2) he suffered an adverse employment action; and (3) he was qualified

Knight Capital Partners Corp. v. Henkel AG & Co.

930 F.3d 775 · Court of Appeals for the Sixth Circuit · Jul 16, 2019

The evidence clearly shows otherwise. … KCP has not established that the district court abused its discretion in denying the motion to amend.

Edward Render v. FCA US, LLC

Court of Appeals for the Sixth Circuit · Nov 16, 2022

The letter did not clearly identify a phone number for Sedgwick despite telling employees to “[c]ontact Sedgwick” at the “number listed below.” (Id.) … the leave was clearly foreseeable 30 days in advance.” 29 C.F.R. § 825.304(b).

Stotts v. Memphis Fire Department

858 F.2d 289 · Court of Appeals for the Sixth Circuit · Dec 6, 1988

However, Jones had never been appointed to the intermediate rank of driver and hence was not qualified for the position even through a demotion. … Deputy Chief Bryant testified that Jones would not have been eligible to hold the driver's position because he had never been qualified for it.

United States v. Search of Music City

Court of Appeals for the Sixth Circuit · May 12, 2000

with a defendant who dealt in absence of criminal proceedings,” and citing White a number of items that clearly qualified as drug paraphernalia. … shop,” meaning a store dealing substantially in items that clearly qualified at 498–99, 102 S. Ct. at 1193 (observing that with respect to the degree as drug paraphernalia. 511 U.S. at 526, 114 S. Ct. 1754–55.

Gwendolyn Lynch v. Richard Lyng and Nancy-Ann E. Min

872 F.2d 718 · Court of Appeals for the Sixth Circuit · Apr 7, 1989

The sole issue in this case, if not easily resolvable, is at least clearly definable. … Persons qualifying as disabled under the Food Stamp Act are granted a deduction from income for medical expenses.

United States v. Holder

657 F.3d 322 · Court of Appeals for the Sixth Circuit · Sep 12, 2011

immunity’ was not used in the proposed jury instruction.” … The district court, however, concluded, “I cannot find that the actual word ‘immunity’ was used by the prosecutor.”

Begley v. Secretary of Health & Human Services

966 F.2d 196 · Court of Appeals for the Sixth Circuit · Jun 10, 1992

services furnished, except that ... attorney fees shall not be awarded in excess of $75 per hour unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified … Plaintiffs challenge the district court’s order awarding attorneys’ fees on three grounds: 1) that the court clearly erred in establishing an hourly rate of $50 to $65; 2) that the court abused its discretion in failing to

United States v. Buchanan

213 F.3d 302 · Court of Appeals for the Sixth Circuit · Feb 17, 2000

Of those residents who qualify for jury service, 2.49% are African-American. … We have carefully reviewed the record as to each of these contentions and find them to be without merit, much less rising to the “clearly erroneous” level. E.

Cunningham v. Underwood

116 F. 803 · Court of Appeals for the Sixth Circuit · Jun 3, 1902

When antecedent words are capable, as matter of law, of being understood in more than one sense, it is the office of an innuendo to designate that meaning which the plaintiff proposes to establish as the meaning intended … Hord was not qualified to speak as to the general reputation of the plaintiff, Underwood.

Jama v. Department of Homeland Security

760 F.3d 490 · Court of Appeals for the Sixth Circuit · Jul 25, 2014

at the time he was admitted and/or that USCIS had an affirmative duty to elicit facts regarding whether he could have qualified in his own right at that time.” … Under the clear language of the statute, denial of a fraud waiver application is clearly “agency action . . . committed to agency discretion by law.” 5 U.S.C. § 701(a).

William Ellington v. City of East Cleveland

689 F.3d 549 · Court of Appeals for the Sixth Circuit · Aug 6, 2012

Miss. 1997)); and whether the defendant maintains the plaintiff’s employment records and establishes the rate and method of payment, id. … Moreover, although the City Council may not have had “plenary” control of his hiring, the record clearly reflects the City Council’s substantial involvement in his hiring.

Strittmatter v. County of Portage

991 F.2d 796 · Court of Appeals for the Sixth Circuit · Apr 23, 1993

Deputy Dawson and Sheriff Howe raise a defense of qualified immunity under Harlow v. … Brady, 911 F.2d 1179, 1183-84 (6th Cir.1990), this court held that a public official is not entitled to qualified immunity if (1) plaintiff has identified a clearly established right that has been violated, and (2) reasonable

Elem Ray Fulcher v. John Motley, Warden

444 F.3d 791 · Court of Appeals for the Sixth Circuit · Apr 18, 2006

The Kentucky Supreme Court’s Decisional Rule Was Contrary to Clearly Established Federal Law, Therefore De Novo Review Is Appropriate The Clearly Established Law. … In other words, we held that what was clearly established by Lilly was, in fact, clearly established before Lilly: “Douglas, Bruton, and Lee evidence that the Supreme Court had clearly established the principle that a co-defendant

Hood v. Midwest Savings Bank

95 F. App'x 768 · Court of Appeals for the Sixth Circuit · Apr 8, 2004

The first reason for the turn down of your loan request was based upon the inability of the appraiser to qualify comparable values and sales due to a new construction being built in an established historical area. … The party moving for summary judgment “bears the burden of clearly and convincingly establishing the nonexistence of any genuine issue of material fact, and the evidence as well as all inferences therefrom must be read in