Case law

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.

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.

Jack Dailey McKeehan v. United States

438 F.2d 739 · Court of Appeals for the Sixth Circuit · Feb 19, 1971

That petitioner, his friend, and his friend’s father all qualify as law abiding citizens; that these guns could have been legally registered during the amnesty period of November 2, 1968, through December 1, 1968, and that … ninety (90) days in the case of any single period with such immunity from liability as the Director determines will contribute to the purposes of this part.” 26 CFR 179.120 (b). .

Teresa Anne Henderson v. Walled Lake Consolidated Schools, a Michigan School District

469 F.3d 479 · Court of Appeals for the Sixth Circuit · Nov 16, 2006

benefits are granted because of an individual’s submission to the employer’s sexual advances or requests for sexual favors, the employer may be held liable for unlawful sex discrimination against other persons who were qualified … She argues that if the district court had properly applied the inference, it would have helped establish triable fact issues.

Thomas v. Garraghty

18 F. App'x 301 · Court of Appeals for the Sixth Circuit · Aug 23, 2001

The district court concluded that the Michigan Supreme Court’s decision was not an objectively unreasonable application of clearly established federal law. Thomas timely appealed the district court’s decision. III. … Confrontation Clause We must determine whether the Michigan Supreme Court unreasonably applied clearly established Supreme Court prece *306 dent when it held that Thomas’s Confrontation Clause right was not violated because

United States v. Keli Dunnican

961 F.3d 859 · Court of Appeals for the Sixth Circuit · Jun 9, 2020

witness regarding street-level drug trafficking, and therefore, qualified to provide opinion testimony regarding the facts at hand. … Dunnican Page 20 Here, the government clearly has presented sufficient evidence of all of the elements of Dunnican’s three charges.

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).

Kay Apponi v. Sunshine Biscuits, Inc.

652 F.2d 643 · Court of Appeals for the Sixth Circuit · Jun 24, 1981

On the other hand, the company did not clearly limit early retirement benefits to those employees working at the company at a given time. … Plaintiffs argue that the district court erred in establishing two sub-classes of plaintiffs rather than a single, unitary class.

Cruz-Ibarra v. Lynch

632 F. App'x 824 · Court of Appeals for the Sixth Circuit · Dec 3, 2015

On appeal, the BIA found that the IJ’s findings of fact were not clearly erroneous. … The thrust of his position is that wealthy landowners and Mexican nationals returning from the United States *828 qualify as particular social groups for withholding purposes and that he established that he was a member of

Ilya Kovalchuk v. City of Decherd, Tenn.

95 F.4th 1035 · Court of Appeals for the Sixth Circuit · Mar 18, 2024

Bd. of Comm’rs, 725 F.3d 451, 463 (4th Cir. 2013) (“The defendants cite no authority, nor can we find any, holding that an ambiguous statement made during oral argument waives an argument clearly raised in a brief.”); Bannister … This kind of recurring tragedy is destined to persist if courts continue to provide municipalities with de facto immunity related to their police hiring decisions.

Raymond Lee, Jr. v. Countrywide Home Loans, Inc.

692 F.3d 442 · Court of Appeals for the Sixth Circuit · Aug 13, 2012

Advancing the money for Stonefire’s fee qualifies as an act in furtherance of a civil conspiracy. … The Notice of Right to Cancel divulges the Lees’ rights and the significance of their signatures clearly and succinctly.

Caitlin Sjöstrand v. OSU

Court of Appeals for the Sixth Circuit · Apr 28, 2014

In order to establish a prima facie case under the ADA, No. 13-3449 Sjöstrand v. … Indeed, given the fact that Sjöstrand received her undergraduate degree from Ohio State, with honors, in only two-and-one-half years, Joseph, Radliff, and Miranda were clearly on notice that the plaintiff’s Crohn’s disease

Raymond Pfeil v. State Street Bank and Trust Co

671 F.3d 585 · Court of Appeals for the Sixth Circuit · Feb 22, 2012

The DOL has promulgated detailed regulations about the section 404(c) defense, defining the circumstances under which a plan qualifies as a section 404(c) plan. … For its part, State Street did not assert or prove that it had complied with the requirements of the regulation to qualify for the safe harbor.

Saulsberry v. Federal Express Corp.

552 F. App'x 424 · Court of Appeals for the Sixth Circuit · Jan 10, 2014

To qualify as an “eligible employee” under the FMLA, the employee must have actually worked 1,250 hours. … Discrimination Under Title VII and the THRA To establish a prima facie case of Title VII race discrimination, an employee must prove that he: 1) is a member of a protected class, 2) is qualified for the job, 3) suffered an

Left Fork Mining Company, Inc. v. Irving Hooker

775 F.3d 768 · Court of Appeals for the Sixth Circuit · Dec 31, 2014

Alternatively, the MSHA employees argued that Left Fork’s allegations did not amount to a constitutional violation and, even if they did, the MSHA employees were entitled to qualified immunity. … The first special factor counseling hesitation in this case is that the Mine Act established a comprehensive remedial structure, as explained in detail above.

Jewish Hospital, Inc. v. Secretary of Health and Human Services

19 F.3d 270 · Court of Appeals for the Sixth Circuit · May 16, 1994

A hospital must have a certain “disproportionate patient percentage” to qualify for the Medicare adjustment at issue in the instant case. … The legislative history of the Medicaid proxy clearly shows that the Secretary’s construction is contrary to that intent expressed by Congress.

Adam Berry v. Experian Info. Solutions

115 F.4th 528 · Court of Appeals for the Sixth Circuit · Aug 19, 2024

“[A]ll well-pleaded material allegations of the [plaintiff’s] pleadings . . . must be taken as true, and the motion may be granted only if the moving party is nevertheless clearly entitled to judgment.” Jackson v. … Solutions Page 14 demonstrate publication of that inaccuracy to a third party to establish damages for a § 1681i(a) claim. Id.

Lloyd v. United Liquors Corp.

203 F.2d 789 · Court of Appeals for the Sixth Circuit · Apr 16, 1953

We think the case is clearly distinguishable, in that there no genuine issue of fact was presented for trial, nor did the appellants submit a copy of a proposed third amendment, nor did they suggest to the trial judge or … We said: “It is not necessary in this case to establish the ‘stream of commerce’ doctrine.

Gary Glenn v. Eric Holder, Jr.

690 F.3d 417 · Court of Appeals for the Sixth Circuit · Aug 2, 2012

They claim they “have a [religious] obligation to state clearly the immoral nature of homosexuality” that requires them to “publicly denounce homosexuality, homosexual activism, and the homosexual agenda as being contrary … In the end, Plaintiffs are correct that they “cannot grant themselves immunity from prosecution under the Hate Crimes Act by simply claiming that they did not in fact intend to cause (willfully or otherwise) bodily injury

Casey Williams v. Paint Valley Local School District

400 F.3d 360 · Court of Appeals for the Sixth Circuit · Mar 9, 2005

In order to prevail on his Section 1983 claim, Plaintiff must establish by a preponderance of the evidence each of the following: 31 (1.) … Clearly, no municipality could have such a policy.