Case law

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.

Thomas L. Vititoe v. R.A. Eberts Company Director, Office of Workers' Compensation Programs, United States Department of Labor

72 F.3d 131 · Court of Appeals for the Sixth Circuit · Dec 6, 1995

The ALJ determined that Vititoe had established ten years of qualifying coal mining employment, that the claimant suffered from pneumoconiosis, that the pneumoconiosis arose out of coal mining employment, and that Vititoe … Grodner's opinion clearly does not associate Vititoe's impairment with his occupational disease, and Dr. Foglesong's opinion fails to make this connection, as well. Even if Dr.

Sanic v. Holder

343 F. App'x 62 · Court of Appeals for the Sixth Circuit · Aug 20, 2009

To establish eligibility for asylum, Sanie must demonstrate that he qualifies as a refugee. 8 C.F.R. § 1208.13 (b); 8 U.S.C. § 1158 (b)(1)(A). … Sanie argues that the threats of violence and physical beating he and his family received at the hands of the guerrillas during the single encounter in May 1990 “clearly establishfed]” that he “was the victim of past persecution

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.

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

Debra O'Donnell v. G. Michele Yezzo

Court of Appeals for the Sixth Circuit · Jan 14, 2022

Public officials are entitled to qualified immunity, which shields them from personal liability under § 1983, unless they “violate[d] clearly established statutory or constitutional rights of which a reasonable person would … the right at issue was ‘clearly established’ at the time of [the] defendant’s alleged misconduct.”

W.N. Poundstone v. Patriot Coal Co., Ltd.

485 F.3d 891 · Court of Appeals for the Sixth Circuit · May 10, 2007

This payment qualified as "other monetary consideration" pursuant to paragraph 4(b), entitling Plaintiffs to a portion of the proceeds. … ) for coal sales (among other things), establishing that the contingent benefits were intended to continue after the assignment of the lease.

United States v. Johnson

Court of Appeals for the Sixth Circuit · May 25, 2007

This case, involving a true “hot pursuit,” is clearly governed by Warden; the need to act quickly here is even greater than in that case while the intrusion is much less. … The government therefore established that Dews was qualified by his experience to interpret the street conduct he observed for the fact finders. See United States v.

Backer v. Hook

295 F. 261 · Court of Appeals for the Sixth Circuit · Jan 14, 1924

If this were otherwise in doubt, it would be confirmed by the clearly established fact that at some time, which cannot be fixed, save as about 1860, Burris and Denny fully understood that this parcel in dispute belonged to … Clearly the possession thus obtained or acknowledged was not adverse to Burris.

Ruth Robinson v. The Board of Regents of Eastern Kentucky University, a Body Corporate, and Robert R. Martin, President of Eastern Kentucky University

475 F.2d 707 · Court of Appeals for the Sixth Circuit · Mar 28, 1973

These regulations were clearly those of the State. During the pendency of this action, the University announced new regulations in this area. … This is a well-established doctrine, dating from soon after the ratification of the Fourteenth Amendment. Courts often have upheld state classifications based on sex. Hoyt v.

Thomas J. Geig v. The March Company, Arthur Blasberg, Jr., Brimfield Inn Associates, and Diversified Hotels

59 F.3d 170 · Court of Appeals for the Sixth Circuit · Jun 22, 1995

COBRA requires employers who sponsor ERISA health plans to allow qualified beneficiaries to continue their group health coverage after certain "qualifying events" that would otherwise result in termination of coverage. … Defendants' defense of lack of jurisdiction--whether or not it is ultimately successful--clearly meets this standard. 14 This Court reviews matters of jurisdiction de novo.

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.

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.

United States v. James Armes

953 F.3d 875 · Court of Appeals for the Sixth Circuit · Mar 26, 2020

(2) But, because “PSR findings are not Shepard material,” a court may not use them “to establish the specific nature of a conviction.” Id. (citing Wynn, 579 F.3d at 576–77). … Clearly not.)

Lee v. City of Columbus, Ohio

636 F.3d 245 · Court of Appeals for the Sixth Circuit · Feb 23, 2011

Thus, to recover on a claim of disability-based discrimination under the Rehabilitation Act, an employee must establish that: “1) he is an individual with a disability; 2) he is otherwise qualified to perform the job requirements … Prevo’s Family Market, Inc., 135 F.3d 1089 (6th Cir. 1998): The statute clearly permits medical examinations but only in certain limited circumstances.

Richard Bugh v. Betty Mitchell, Warden

329 F.3d 496 · Court of Appeals for the Sixth Circuit · May 13, 2003

We cannot say that the result of the state court’s decision was contrary to clearly established Supreme Court precedent. … In this case, the admission of prior bad acts evidence was not contrary to clearly established Supreme Court precedent.

United States v. Pierre S. MacKey

265 F.3d 457 · Court of Appeals for the Sixth Circuit · Sep 12, 2001

The government must clearly show that a firearm was possessed to advance or promote the commission of the underlying offense. … Many of the “use” convictions under the fortress theory would qualify as possession under the current statute. The new amendment does not, however, cover all instances of possession of a firearm by a drug trafficker.

Reform America v. City of Detroit, Mich.

37 F.4th 1138 · Court of Appeals for the Sixth Circuit · Jun 17, 2022

Reasoning that at no point were plaintiffs’ rights violated, it declined to reach defendants’ alternative arguments about qualified immunity and Monell. … Because no constitutional violation occurred here, we reach neither the individual defendants’ alternative arguments about qualified immunity nor the City of Detroit’s concerning Monell.

United States v. Alexander Czarnecki

552 F.2d 698 · Court of Appeals for the Sixth Circuit · May 31, 1977

Berryman testified at trial under a grant of immunity and admitted that, at the time he was giving his testimony, he was incarcerated on a Michigan State charge of conspiracy to commit unarmed robbery. … Relevant evidence under Rule 404(b) should, therefore, not always be excluded because it does not qualify under a similarity requirement. United States v. Riggins, 539 F.2d 682 (9th Cir. 1976).

Stserba v. Holder

646 F.3d 964 · Court of Appeals for the Sixth Circuit · May 20, 2011

Holder Page 8 the aggregate, as a collection of harmful events” because, “even though [the events] may not qualify individually as persecution,” they may qualify as persecution when … Babysitting is not Stserba’s established profession.