Case law

United States v. Marie Antoinette Jackson-Randolph

282 F.3d 369 · Court of Appeals for the Sixth Circuit · May 2, 2002

Finally, LaFleur used immunization records from the nurse to calculate the total number of children actually in attendance. … The nurse indicated that no child attended the centers who was not immunized and that the records would accurately reflect those children who were at the centers.

Fair Housing Advocates Association, Inc. v. City of Richmond Heights, Ohio, City of Warrensville Heights, Ohio City of Fairview Park, Ohio City of Bedford Heights, Ohio

209 F.3d 626 · Court of Appeals for the Sixth Circuit · Apr 13, 2000

With this clear guidance in mind, we consider whether the Cities' occupancy ordinances qualify for the § 3607(b)(1) exemption. … Thus, in order to establish that the ordinances were valid measures entitled to the § 3607(b)(1) exemption, the Cities were required to establish that the ordinances were "reasonable." 45 We find that the following evidence

Walbro Corporation v. Amerisure Companies

133 F.3d 961 · Court of Appeals for the Sixth Circuit · Jan 16, 1998

We need not consider whether a child may be domiciled in the household of a divorced parent in those cases where the parents do not share custody of the child. 39 The facts of this case clearly establish that Dennis Scharich … Applying the factors listed in Workman and Dairyland, the evidence clearly establishes that Dennis was domiciled with both his parents.

Thomas M. Klepsky v. United Parcel Service, Inc.

489 F.3d 264 · Court of Appeals for the Sixth Circuit · Jun 12, 2007

Klepsky contends that during his original qualifying physical examination he told the doctor that he had suffered two seizures 10 or 11 years earlier. According to Mr. … Klepsky was clearly subject to an adverse employment action when he was fired from UPS, and thus only the first and third elements of the prima facie case are in *272 dispute.

Ford Motor Company v. Northbrook Insurance Company

838 F.2d 829 · Court of Appeals for the Sixth Circuit · Jan 26, 1988

In light of these principles, Foss' testimony was clearly admissible. 22 Similarly, the district court properly considered other extrinsic evidence that established that Ford and Northbrook intended to treat Ford's self-insurance … Additional evidence establishes that the 1977 Northbrook policy was designed to "basically duplicate" the 1976 Home policy.

Kentucky Ass'n of Health Plans, Inc. v. Nichols

227 F.3d 352 · Court of Appeals for the Sixth Circuit · Sep 7, 2000

Stuart Circle involved a Virginia statute which required insurers to accept any willing provider if they established preferred provider networks. … Consequently, Virginia’s statute would clearly not apply to entities engaged in only administrative functions for an employee benefit plan. .

Billy Slagle v. Margaret Bagley, Warden

474 F.3d 923 · Court of Appeals for the Sixth Circuit · Feb 2, 2007

[ijntentionally or habitually violate any established rule of procedure or evidence.” Id. at DR 7-106(C)(7). … Although I focus my discussion on the prosecutor’s unethical — if not unconscionable — misconduct, I also note that the judge who presided over this case is not immune from blame.

Andrew Longuski v. Ryan Akers

Court of Appeals for the Sixth Circuit · Sep 12, 2022

Under clearly established law, an officer violates those basics “only when his deliberate or reckless falsehoods result in arrest and prosecution without probable cause.” Id.; see also Tlapanco v. … And if so, was the unlawfulness of their conduct clearly established at the time? See District of Columbia v. Wesby, 138 S. Ct. 577, 589 (2018).

United States v. Clay

Court of Appeals for the Sixth Circuit · Oct 2, 2003

that (1) the evidence was insufficient to establish his guilt, No. 01-90014—Marianne O. Battani, District Judge. … Additionally, the superceding information between them cannot be clearly erroneous.” Id.

Medical Mut. of Ohio v. K. AMALIA ENTERPRISES INC.

548 F.3d 383 · Court of Appeals for the Sixth Circuit · Dec 2, 2008

There is no dispute that MMO is a fiduciary, that the plan at issue in this case qualifies as an ERISA plan, and that none of the statutory exemptions from ERISA are applicable. … MMO also contended in that motion that the district court clearly erred when it analyzed the contractual limitations provision at issue.

Adelbert College of Western Reserve University v. Wabash R.

171 F. 805 · Court of Appeals for the Sixth Circuit · Jul 13, 1909

It was not a rule previously established, so as to have become recognized as settled law', and which, of course, ail parties to transactions afterwards entered into would be presumed to know and to conform to. … Any other rule would be productive of the greatest inconvenience, and ought not to be adopted, unless the legislative will to that effect is clearly expressed.’ 95 U. S. 369 , 24 L. Ed. 416 .

ECM BioFilms, Inc. v. Federal Trade Commission

851 F.3d 599 · Court of Appeals for the Sixth Circuit · Mar 16, 2017

the representation is clearly and prominently and in close proximity qualified by: a. … the representation is clearly and prominently and in close proximity qualified by: a.

BE&K Construction Co. v. National Labor Relations Board

246 F.3d 619 · Court of Appeals for the Sixth Circuit · Apr 9, 2001

Attainment by the unions of even site-specific improvements or promises of diligent enforcement of existing health and safety standards, moreover, clearly establishes helpful precedent for future labor actions and serves … That decision, however, involved only a claim of Noerr-Pennington immunity from antitrust liability.

Afro American Patrolmens League v. Duck

503 F.2d 294 · Court of Appeals for the Sixth Circuit · Sep 26, 1974

We do not believe that either of the organizations established that it qualified for intervention as a matter of right under Rule 24(a). … , 489 F.2d 1023 (6th Cir. 1973), the district court found that tests for an apprenticeship program and entry into a journeyman program were valid and not facially discriminatory This court held that this finding was not clearly

Bilar Tool & Die Corp. v. Commissioner

530 F.2d 708 · Court of Appeals for the Sixth Circuit · Feb 18, 1976

Such was the dominant purpose and result of the reorganization plan as this record clearly establishes. Under these facts the expenses of carrying out such a reorganization plan are nondeductible capital outlays. … in control of the corporation to which the assets are transferred; but only if, in pursuance of the plan, stock or securities of the corporation to which the assets are transferred are distributed in a transaction which qualifies

Beal v. United States

182 F.2d 565 · Court of Appeals for the Sixth Circuit · May 29, 1950

No clearly defined or generally accepted formula appears. … The case not having been fully tried no facts are established upon which to base decision here.

Coal Resources, Inc. v. Gulf & Western Industries, Inc.

954 F.2d 1263 · Court of Appeals for the Sixth Circuit · Apr 22, 1992

We limit our discussion to issues still subject to disagreement which are not clearly waived by the defendants. 16 A. … G & W defense expert, Stanley Ringstaff, testified that smaller businesses generally sell through brokers until they are established.

National Labor Relations Board v. Fluor Daniel, Inc.

161 F.3d 953 · Court of Appeals for the Sixth Circuit · Nov 16, 1998

DeWitt and Saltsman were less qualified than those who were actually hired, but the other 17 applicants sponsored by the Boilermakers Union were just as qualified. … Fluor Daniel maintains it has a policy of refusing applications made in bulk, although earlier it had clearly picked up applications from the Kentucky Employment Service office in this form.

Craig Morgan v. James Rhodes

456 F.2d 608 · Court of Appeals for the Sixth Circuit · Feb 15, 1972

Sedita, supra, are clearly distinguishable from the present case. … I believe this conclusion and the result reached thereunder ignore the numerous cases which clearly establish that a threat to, or "chilling effect" upon, a citizen's constitutional rights does not automatically constitute

Friedman v. Hall

843 F.2d 1391 · Court of Appeals for the Sixth Circuit · Apr 11, 1988

LaHue, 460 U.S. 325 (1983). 18 Defendant stewards have the burden of showing that public policy mandates their absolute rather than merely qualified immunity. Butz, 438 U.S. at 506 . … Even if absolute immunity were not appropriate 4 as a matter of law, here defendants have established a claim of qualified immunity.