Case law

Abx v. Afl-Cio

266 F.3d 392 · Court of Appeals for the Sixth Circuit · Sep 19, 2001

STANDARD OF REVIEW 11 The district court's "factual findings must be upheld unless they are clearly erroneous." Taylor and Gaskin v. Chris-Craft Indus., 732 F.2d 1273, 1277 (1984) (citing Fed. R. Civ. P. 52(a)). … increased operational costs, and efforts to discourage business resulted in economic harm sufficient to qualify as a strike.

William Neace v. Director, Office of Workers' Compensation Programs, U.S. Dept. Of Labor and Benefits Review Board

867 F.2d 264 · Court of Appeals for the Sixth Circuit · Jan 30, 1989

He also noted that four other ventilatory studies were non-qualifying. We believe it is evident, moreover, that the AU considered that the opinions of Drs. … The problem in this case is whether the AU and/or the Board clearly made this particular determination. This is important because Kolesar v.

EEOC v. Jefferson Cnty

Court of Appeals for the Sixth Circuit · Sep 19, 2005

A chart prepared by the EEOC shows these discrepancies clearly. … The remainder of the case was devoted to establishing the definition of “subterfuge,” with the Court ultimately concluding that under the subterfuge provision, “the employee bears the burden of proving that the discriminatory

Elgharib v. Napolitano

600 F.3d 597 · Court of Appeals for the Sixth Circuit · Mar 30, 2010

Maine, 527 U.S. 706, 747 (1999) (noting the Ex parte Young sovereign-immunity exception is necessary “if the Constitution is to remain the supreme law of the land”); Harry W. … Therefore, we reject Elgharib’s first argument, and we hold that the Constitution qualifies as “any other provision of law (statutory or nonstatutory)” under all subsections of § 1252.

Henry C. Miller v. Rod Francis, Warden

269 F.3d 609 · Court of Appeals for the Sixth Circuit · Oct 11, 2001

The threshold inquiry under the AED-PA is whether Miller seeks to apply a rule *615 of law that was clearly established at the time his conviction became final in the state court. … established law.

Parrett v. American Ship Building Co.

990 F.2d 854 · Court of Appeals for the Sixth Circuit · Apr 12, 1993

Both plaintiffs and defendants maintain that the plan is wholly unambiguous, with the plain language of the document clearly supporting *858 each side’s position. … Defendants contend that they meet the requirements of § 1344(d), because section 10.3 of the plan clearly contemplates the reversion of residual assets to AmShip.

Shawnee Coal Company v. Cecil D. Andrus, Secretary of the Interior

661 F.2d 1083 · Court of Appeals for the Sixth Circuit · Oct 5, 1981

issue, the initial focus is on Shawnee’s contention that the Secretary exceeded his authority because Shawnee’s tipple is not an “activity ... in connection with a surface coal mine ...” 30 U.S.C. § 1291 (28) and as such is immune … From the Act’s inception in August, 1977, until it ceased operations in December, 1978, a period exceeding twelve months, Shawnee unquestionably qualified as an operator.

Deniece Scales v. J.C. Bradford and Company

925 F.2d 901 · Court of Appeals for the Sixth Circuit · Mar 19, 1991

Plaintiff has failed to demonstrate how these findings are clearly erroneous. … The district court reversed this finding by the magistrate as clearly erroneous.

Affholder, Inc. v. Preston Carroll Co.

866 F.2d 881 · Court of Appeals for the Sixth Circuit · Feb 1, 1989

Fitzgerald, 457 U.S. 731 , 743-44 n. 24, 102 S.Ct. 2690 , 2697-98 n. 24, 73 L.Ed.2d 349 (1982) (agreement for alternative liquidated damage remedies contingent upon disposition of qualified immunity claim does not render … Clearly, both parties have “alleged such a personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues.” Baker v.

Paul W. Baker v. Aileene Love

762 F.2d 1005 · Court of Appeals for the Sixth Circuit · Apr 3, 1985

As an alternative ground for summary judgment in favor of defendants Love and Dutton, the court found them entitled to qualified immunity. … Qualified Immunity 10 Even if we found a due process violation, defendants Love and Dutton would be entitled to qualified immunity. Under Harlow v.

Kush Muhammad v. United States

Court of Appeals for the Sixth Circuit · Dec 13, 2023

Breed contends that Robinson had not committed and was not about to commit a qualifying crime that would allow Spaulding to initiate the pursuit. … As for Spaulding’s decision after weighing the factors, that was clearly discretionary because “there is room for judgment or choice in the decision made.”

Paul Hatfield, Fred McCoy v. Charles "Fuzzy" Keesee

995 F.2d 1066 · Court of Appeals for the Sixth Circuit · Jun 8, 1993

The judges asserted qualified immunity as an affirmative defense. … Allen was qualified immunity for the dismissal of a county health inspector.

Horton v. Martin

137 F. App'x 773 · Court of Appeals for the Sixth Circuit · Jun 7, 2005

The district court properly dismissed Horton’s claims against the Board, Kasenow, and Baran because they were entitled to immunity. The Board is immune from suit under the Eleventh Amendment. … Moreover, a review of the parole violation report clearly establishes that George presented mitigating evidence to the parole board. Judgment affirmed.

Hummel v. County of Saginaw

40 F. App'x 965 · Court of Appeals for the Sixth Circuit · Jul 18, 2002

Hummel in 1994 indicate that she was not qualified to perform the essential duties of a Building Security Officer in 1994. … Tasks such as running at 7 miles/hour or faster, and climbing stairs with a 30 pound load would clearly exceed her exercise capacity.

United States v. Jermaine Savoires

430 F.3d 376 · Court of Appeals for the Sixth Circuit · Nov 30, 2005

And the qualifying phrase for the first offense, “during and in relation to” a crime of the type described, is conjoined with the qualifying phrase for the second offense, “in furtherance of’ such a crime. … Savoires was clearly duplicitous — ie., it “set[] forth separate *380 and distinct crimes” in a single count. United States v.

Stephen Bellamy v. Unicoi County, Tennessee, Mike Hensley, and Sheriff Bob Whitson

932 F.2d 967 · Court of Appeals for the Sixth Circuit · May 8, 1991

PER CURIAM. 1 Defendants Mike Hensley and Sheriff Bob Whitson appeal from a denial of their summary judgment motion in which they claimed qualified immunity from suit. … II. 8 The black-letter law relating to the qualified immunity of a police officer exercising a discretionary function in seeking an arrest warrant is well settled.

Tri-State Steel Construction Co., Inc. v. Alexis Herman

164 F.3d 973 · Court of Appeals for the Sixth Circuit · Jan 13, 1999

. § 2200.32 , and were barred by sovereign immunity. This decision became final on February 10, 1997, when the matter was not directed for review by the Commission. … We further clarified that the rationale in National Truck was not that the trade association was composed of too large of a membership to qualify, but instead, "that the association was participating in the litigation on

United States v. John Laton

352 F.3d 286 · Court of Appeals for the Sixth Circuit · Dec 10, 2003

When the National Legislature wishes to regulate an area traditionally regulated exclusively by the States, it must “convey[ ] its purpose clearly.”' … Against this legislative backdrop, Congress’s decision not to mention governmental property more specifically in § 844(i) at a minimum establishes ambiguity about the scope of the provision.

State of Ohio v. John Doe

433 F.3d 502 · Court of Appeals for the Sixth Circuit · Jan 10, 2006

P. 6(G) (establishing term of grand jury as four months and permitting extension to nine months). … Addressing some of the administrative complexities that may arise from the expiration of one grand jury and the impaneling of a successor grand jury, the Ninth Circuit held that an order of immunity issued during one grand

Sefit Ramani Lindita Ramani and Ardit Ramani v. John Ashcroft, Attorney General of the United States Immigration and Naturalization Service

378 F.3d 554 · Court of Appeals for the Sixth Circuit · Aug 4, 2004

presented substantial testimony that [he] did qualify as a refugee and had a well founded fear of persecution. … Upon review of the claims that are properly before the court, the panel must consider whether the BIA correctly determined that Ramani failed to sustain his burden of establishing eligibility for asylum.