Case law

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.

Michael Emswiler v. CSX Transportation Inc.

691 F.3d 782 · Court of Appeals for the Sixth Circuit · Jul 20, 2012

shall be the date of his first service as an engineer when there are no demoted or furloughed engineers, or when senior qualified man to be promoted is not available the man used as engineer will establish … On March 10, 1997, CSX’s Chief Medical Officer deemed Emswiler “qualified to perform railway service without restrictions . . . .” (Medical Letter, Page ID # 1996.)

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.

Allan C. Miller and Betty G. Miller v. United States

583 F.2d 857 · Court of Appeals for the Sixth Circuit · Aug 31, 1978

To this end, the treaty establishes the IJC, which performs certain judicial, investigative, administrative and engineering functions. … It also includes determinations made by executives or administrators in establishing plans, specifications or schedules of operations.”

Roger Gardner and Barbara Gardner v. James E. "Jack" Bisceglia, Shirley Bisceglia, and Harold Gilreath

956 F.2d 1164 · Court of Appeals for the Sixth Circuit · Mar 11, 1992

These assertions are clearly insufficient to sustain a § 1983 claim. 20 As for Mr. … Gilreath, he is protected from a § 1983 suit by qualified immunity, which the Supreme Court has described as follows: 21 As the qualified immunity defense has evolved, it provides ample protection to all but the plainly incompetent

Ramon Jasso Arangure v. Matthew Whitaker

911 F.3d 333 · Court of Appeals for the Sixth Circuit · Dec 18, 2018

The common-law presumption canon qualifies as a “traditional tool” of statutory interpretation. This canon presumes that the existing common law still applies unless the statute clearly indicates otherwise. … Whitaker Page 15 The government apparently does not dispute the latter two elements, and they are clearly met here.

B & B Trucking, Inc. v. United States Postal Service

363 F.3d 404 · Court of Appeals for the Sixth Circuit · Apr 2, 2004

Case law clearly establishes that claims are not necessarily rendered contractual by the presence of a contractual relationship between the parties. … ' first and second proffered bases for jurisdiction establish that if sovereign immunity does not apply, then the district court had jurisdiction.

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.

Mca, Inc. v. Parks

796 F.2d 200 · Court of Appeals for the Sixth Circuit · Jul 24, 1986

Id. at 5729. 10 This explanation appears clearly to exempt most establishments such as diners and restaurants, barber and beauty shops, stores and shopping malls, and video and pinball arcades. … If the purported admission fee is more clearly analogous to a simple charge for food or drink, then it will not impose copyright liability on the proprietor of the establishment; however, if the charge is more properly characterized

Zingale v. Rabin (In Re Zingale)

693 F.3d 704 · Court of Appeals for the Sixth Circuit · Aug 31, 2012

First, § 24(a) provides a $1,000 credit for every qualifying child. 26 U.S.C. § 24(a). … Hence, the form on which taxpayers claim the CTC clearly denominates the non-refundable CTC as a credit and the refundable CTC as a payment.

Director, Office of Workers' Compensation Programs v. Lilburn Rowe

710 F.2d 251 · Court of Appeals for the Sixth Circuit · Jun 17, 1983

The ALJ’s opinion was clearly deficient. First, the AU failed to set out and discuss all of the medical evidence presented. … First, the x-ray which he found to be positive for pneumoconiosis (but apparently still insufficient to establish an interim presumption pursuant to 20 C.F.R. § 727.203 (a)(1)) was later found to be unreadable by more qualified

United States v. Fabian Dukes

57 F.3d 1071 · Court of Appeals for the Sixth Circuit · Jun 14, 1995

57 F.3d 1071 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 of copies of cited unpublished … He also argues that there was no qualifying intervening arrest between the two cases.

Feliciano v. City of Cleveland

816 F.2d 679 · Court of Appeals for the Sixth Circuit · Apr 10, 1987

The major issue underlying the availability of a qualified immunity defense was whether the conduct, request for and testing of urine samples followed by plaintiffs' resignation, violated clearly established law. … Appellants claim that on the date of the event in question, their conduct was not clearly established as having been violative of any rights of the plaintiffs under the Fourth Amendment, and further that defendants could

Joseph v. Orleans, by His Father and Next Friend, Joseph A. Orleans v. United States

509 F.2d 197 · Court of Appeals for the Sixth Circuit · Jan 13, 1975

In pursuing this policy Congress established the Office of Economic Opportunity in the Executive Office of the President. … Congress could have chosen to administer the Economic Opportunity Act directly by establishing local offices of OEO.

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.

Jansen v. City of Cincinnati

977 F.2d 238 · Court of Appeals for the Sixth Circuit · Oct 13, 1992

Paragraph 22 of the decree states in pertinent part: Subject to the availability of qualified applicants, Defendants shall adopt and seek to achieve a goal of hiring sufficient numbers of qualified minority persons to achieve … The test merely ensures, as required by the consent decree, that each fire recruit is “qualified.”

United States v. Rede-Mendez

680 F.3d 552 · Court of Appeals for the Sixth Circuit · May 21, 2012

application in Shepard, 544 U.S. at 16 , 125 S.Ct. 1254 , and the preliminary-examination transcript in Medina-Almaguer, 559 F.3d at 423 , a statement of probable cause is a “gateway step in the criminal process” that does not establish … Nonetheless, the categorical approach requires us to consider “only the facts necessarily admitted by the defendant in pleading guilty even if we are forced to ‘feign agnosticism about clearly knowable facts.’ ” McMurray,

United States v. Ron Pair Enterprises, Inc.

828 F.2d 367 · Court of Appeals for the Sixth Circuit · Sep 4, 1987

We conclude that the language of section 506(b) does not clearly provide for the payment of such interest and, in fact, it fails to explicitly overrule the pre-Code judicially created concept disallowing the payment of postpetition … Further, the phrase "interest on such claim” is not "remote” from the qualifying phrase at issue. Cf. District 6, UMW v.

United States v. Carpenter

317 F.3d 618 · Court of Appeals for the Sixth Circuit · Jan 16, 2003

Without question, the officers knew additional facts which would have been sufficient to establish probable cause had they been included in the affidavit. … Such an inquiry makes far more sense in Anderson's context of qualified immunity and a warrantless search, id. at 640-41 , 107 S.Ct. 3034 , which depend in large part on the individual officer's actions and liability, than

William Morrison Smith v. United States Postal Service

742 F.2d 257 · Court of Appeals for the Sixth Circuit · Sep 10, 1984

. § 793 , stipulates that all federal contracts contain a provision requiring the contractor to “take affirmative action to employ and advance in employment qualified handicapped individuals.” … The First Circuit reversed, holding that plaintiff’s claim fell clearly within the comprehensive federal-state scheme set forth in the EHA for the provision of special education to handicapped children, and that Congress