Case law

Hodge v. Haeberlin

Court of Appeals for the Sixth Circuit · Sep 4, 2009

The state-court determination—that Hodge suffered no prejudice and therefore could not establish ineffective assistance of counsel—is not contrary to, or an unreasonable application of, clearly established federal law. … The state-court’s decision not to grant Hodge relief is entitled to deference, because it is not contrary to, or an unreasonable application of, clearly established federal law.

Equal Employment Opportunity Commission v. Hosanna-Tabor Evangelical Lutheran Church & School

597 F.3d 769 · Court of Appeals for the Sixth Circuit · Mar 9, 2010

Accordingly, this Court must accept these factual findings unless they are clearly erroneous. See EEOC v. Sw. … The religious entity, in other words, is required to consider qualified individuals with disabilities who satisfy the permitted religious criteria on an equal basis with qualified individuals without disabilities who similarly

Thompkins v. Berghuis

547 F.3d 572 · Court of Appeals for the Sixth Circuit · Nov 19, 2008

Clearly Established Federal Law Regarding Waiver and Invocation of a Suspect’s Right to Remain Silent In Miranda v. … Hr’g Tr. at 82), an account that clearly establishes the interview was not “a fairly standard two-way conversation.” Bui, 170 F.3d at 241 .

Dominic J. Montel v. Caspar Weinberger, Secretary of Health, Education and Welfare

546 F.2d 679 · Court of Appeals for the Sixth Circuit · Dec 20, 1976

We believe that for persons employed in a clay mine to qualify for black lung benefits, coal mining must constitute at least a substantial part of the activity and the exposure. … There is, of course, no reason why Congress could not have made pneumoconiosis benefits available to workers in other industries, but clearly, it declined to do so.

Newell Rubbermaid, Inc. v. Raymond Corp.

676 F.3d 521 · Court of Appeals for the Sixth Circuit · Apr 3, 2012

“A district court abuses its discretion if it bases its ruling on an erroneous view of the law or a clearly erroneous assessment of the evidence.” Brown, 432 F.3d at 647 (internal quotation marks omitted). B. … An affidavit from the injured worker alone would not be sufficient to establish this element, yet this is the only source of consumer expectations apparent from the present record. See id. (relying on Jordan v.

Morrison v. Federal Land Bank of Louisville

105 F.2d 279 · Court of Appeals for the Sixth Circuit · Jun 28, 1939

This a court of equity will not decree except under specific command of the statute, and in our view there is none, £3] That the appellant has no reasonable hope 0f rehabilitation is clearly established by tbe rec0rd. … She has no reasonably adeqUaj;e farming tools, stock or equipment, and while occasional aid and counsel to her farmer husband may have technically qualified ber £0 gje ber petition as a farmer, she js jn no senSe trained

Kamtech, Inc. v. National Labor Relations Board

314 F.3d 800 · Court of Appeals for the Sixth Circuit · Sep 4, 2002

Tellingly, testimony offered by Tony Holcomb established that even a pipefitter like Holcomb was offered a welding test before being rejected for a position for which he admittedly was not qualified. … In accordance with the challenged Board ruling, if the welding test reveals that Cornell is indeed not qualified for a position as a TIG welder, Kamtech is clearly under no compulsion to offer him such employment.

Francis v. Pike County

875 F.2d 863 · Court of Appeals for the Sixth Circuit · May 15, 1989

immunity defense of good faith because their actions did not violate clearly established constitutional law. … Plaintiff has not addressed defendants' assertion of qualified immunity, and defendants did not raise this defense in their motion for summary judgment.

Columbia Gas Const. Co. v. Holbrook

81 F.2d 417 · Court of Appeals for the Sixth Circuit · Feb 6, 1936

It was established that the trench was dug to an average depth of 4 feet 11 inches, and the jury was permitted to return a verdict for work in excess of contract requirements. … Moreover, the clause in the specifications which authorizes demand for depth greater than minimum is expressly qualified by statement of its purpose, and' there is no contention that greater depth than minimum was at any

Erie R. v. Weber

207 F. 293 · Court of Appeals for the Sixth Circuit · Jun 3, 1913

Defendant contends that the conduct of the three parties in crossing the tracks under those circumstances was so clearly imprudent as to justify a direction of verdict in its favor. … Moreover, they had the right to take into account, in determining the question of safety, the practical invitation to cross and the qualified assurance of safety given by the raising of the gates; and under those circumstances

American Transmissions, Inc., and Pentco Enterprises, Inc. v. General Motors Corporation

935 F.2d 269 · Court of Appeals for the Sixth Circuit · Jun 4, 1991

; (2) plaintiffs claims were barred by collateral estoppel; and (3) the government defendants Pirochta and Curtis were entitled to qualified immunity. 2 Having carefully considered the record on appeal and the briefs of the … February 13, 1990) 2 The district court granted the defendants' Pirochta and Curtis's motion for summary judgment on grounds of qualified immunity on June 26, 1990. American Transmissions, Inc. v.

Gomila v. United States

159 F.2d 1006 · Court of Appeals for the Sixth Circuit · Feb 17, 1947

A qualified expert from the OPA office compared the stamps with genuine examples in court, and testified that all 600 were “a bad counterfeit.” … Part of the letter was clearly responsive and relevant to the question. As it showed, the file.had been sent from New Orleans on December 17.

Polina Milman v. Fieger & Fieger, P.C.

58 F.4th 860 · Court of Appeals for the Sixth Circuit · Jan 25, 2023

As explained above, the issue is clearly cognizable under both prongs of § 2615(a). … Milman’s Complaint thus sufficiently alleges facts to establish that she was engaged in protected activity. D.

Gibbs v. United States

3 F. App'x 404 · Court of Appeals for the Sixth Circuit · Feb 5, 2001

To establish that counsel was ineffective, Gibbs must show: (1) deficiency-that counsel’s performance was, under all of the circumstances, unreasonable under prevailing professional norms; and (2) prejudice-that there is … Because the statutory definition of the prior conviction clearly shows that it qualifies as a controlled substance offense, Gibbs could not have been prejudiced by counsel’s alleged failure to dig deeper or object more robustly

Century Business Services, Inc. v. Bryant

69 F. App'x 306 · Court of Appeals for the Sixth Circuit · Jul 8, 2003

The district court’s finding that SR Accounting was a party to the Merger Agreement is clearly erroneous. … However, a corporation can have only one principal place of business for purposes of establishing its state of citizenship. Gafford, 997 F.2d at 161 .

United States v. Gjergj Gjieli, (81-1087), Nickola Lulgjuraj, (81-1088), Zeff Lulgjuraj, (81-1089)

717 F.2d 968 · Court of Appeals for the Sixth Circuit · Sep 21, 1983

The indictment and the evidence at trial set forth and established each of these elements. A. … This second requirement is clearly satisfied and is not an issue in this case. C.

Gary West v. Ky. Horse Racing Comm'n

972 F.3d 881 · Court of Appeals for the Sixth Circuit · Aug 28, 2020

Without review by the Commission, the decision to disqualify Maximum Security was not “made effective by an agency head,” KRS § 13B.010(6), and thus does not qualify as a “final order[] of an agency,” id. … Also, “[i]t has long been established that the violation of a state statute or regulation is insufficient alone to make a claim cognizable under § 1983.” Stanley v.

United States v. Kalymon

541 F.3d 624 · Court of Appeals for the Sixth Circuit · Sep 4, 2008

The Ukrainian Auxiliary Police The occupying German Reich established the Ukrainian Auxiliary Police (“UAP”) in L’viv to maintain public order and to assist with constabulary police functions. … “Where there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous.

Eric Kuhn v. Washtenaw County

709 F.3d 612 · Court of Appeals for the Sixth Circuit · Mar 11, 2013

Page 22 “Kuhn was not qualified to work at the time he was discharged” and was thus “unable to establish a prima facie case.” Id. at *11. It therefore dismissed Kuhn’s WPA claim. … As an initial matter, whether a plaintiff is qualified to work is not part of his prima facie case under the WPA.

The Upjohn Company v. Rachelle Laboratories, Inc. And International Rectifier Corporation,defendants-Appellants

661 F.2d 1105 · Court of Appeals for the Sixth Circuit · Oct 21, 1981

The District Court was acutely aware of the legal problems attendant upon the use of survey evidence in establishing the amount of that loss. … Riggs had clearly qualified as an expert by reason of his marketing and strategic planning experience.