Case law

Director, Office of Workers' Compensation Programs, United States Department of Labor v. Eastern Coal Corp.

561 F.2d 632 · Court of Appeals for the Sixth Circuit · Jul 18, 1977

Third, the Department also clearly has responsibility for assisting miner claimants in both Department hearings and the courts. … There is no doubt that Congress can authorize a deviation from established law by a provision in an appropriation act. United States v.

United States v. Scott

69 F. App'x 317 · Court of Appeals for the Sixth Circuit · Jul 10, 2003

Berger, Weinstein’s Federal Evidence § 803.04[2][b] (2d ed.2003) (“[w]hether [] events qualify as startling depends upon assessment of their shock value on the declarant.”). … In sum, then, because Scelfo’s statement qualifies as an excited utterance “it carries sufficient indicia of reliability and trustworthiness” to bring the judicial inquiry to an end. Sehreane, 331 F.3d 548, 563 .

Tumblebus Inc. v. Meredith Cranmer, D/B/A Tumblebus of Louisville

399 F.3d 754 · Court of Appeals for the Sixth Circuit · Mar 15, 2005

Thus, we conclude that the district court did not clearly err in finding that TUMBLEBUS is not a generic term incapable of obtaining protected status. … "Section 43(a) prohibits a broader range of practices than does § 32, which applies to registered marks, but it is common ground that § 43(a) protects qualifying unregistered trademarks and that the general principles qualifying

Grundy Mining Company v. Douglas W. Flynn and Director, Office of Workers' Compensation Programs, United States Department of Labor

353 F.3d 467 · Court of Appeals for the Sixth Circuit · Mar 12, 2004

Fritzhand noted another non-qualifying pulmonary function study, as well as another non-qualifying blood gas study. … This clearly provided the impetus for both Lisa Lee Mines and Lovilia to reject the interpretation of Sharondale's final paragraph that the majority now suggests. 91 Finally, misconstruing the Director's "one element" test

Barbara Combs v. Commissioner of Social Security

400 F.3d 353 · Court of Appeals for the Sixth Circuit · Mar 9, 2005

Thus, the deletion of listing 9.09 “clearly alters the standard for evaluating disability claims.” Cherry, 327 F.Supp.2d at 1359 . … Under 42 U.S.C. § 405 (a), the Commissioner clearly has the power to promulgate new rules of prospective effect.

Louisville Gas & Electric Co. v. Federal Power Commission

129 F.2d 126 · Court of Appeals for the Sixth Circuit · Jun 29, 1942

Nor does it follow that the Commission may not give consideration to the broad general purposes of the Act which clearly contemplated not only the protection of the public interest generally, but likewise the interest of … The petitioner’s motion for leave to adduce additional testimony must be overruled because of its failure to qualify under § 825Z(b) of the Act which requires that it shall show, to the satisfaction of the court, that the

United States v. Christopher Yancy

725 F.3d 596 · Court of Appeals for the Sixth Circuit · Aug 6, 2013

The court’s factual findings are not clearly erroneous. See United States v. … Within the context of the application note, this conduct certainly qualifies as “directing, commanding, encouraging, . . . counseling, [or] training” the minor for the offense. U.S.S.G. § 3B1.4 cmt. n.1.

Grocers Baking Co. v. Sigler

132 F.2d 498 · Court of Appeals for the Sixth Circuit · Dec 5, 1942

This was testified to by a qualified disinterested witness, we well as by several employees of the appellant. The record establishes that appellant is one of the largest distributors of bread in Kentucky. … However, the record clearly shows that the appellant had built up a state-wide business in “Honey-Krust” bread products long prior to appellee’s use of the particular label.

John Hughes v. Dhl Worldwide Express

60 F.3d 828 · Court of Appeals for the Sixth Circuit · Jul 6, 1995

DHL did, however, publish personnel practices that established a probationary period for new employees, prescribed disciplinary actions for various types of misconduct, and established a three-step appeals process for employees … Hughes concedes that unless the statements that DHL made in terminating his employment were made with malice, DHL is protected by the doctrine of qualified privilege.

Jackie Humphress v. United States

398 F.3d 855 · Court of Appeals for the Sixth Circuit · Feb 25, 2005

The Booker rule is clearly new. … Because this exception is clearly inapplicable, we proceed directly to our analysis of Teague’s second exception.

United States v. Rankin

1 F. App'x 389 · Court of Appeals for the Sixth Circuit · Jan 10, 2001

The district court’s decision to attribute the 24.3 grams to the defendant was not clearly erroneous. E. Apprendi v. … We review the *396 district court’s findings under the “clearly erroneous” standard of review.

United States v. Harold D. Murdock

63 F.3d 1391 · Court of Appeals for the Sixth Circuit · Oct 6, 1995

Sections 2510(4) and (5), read together, establish an exemption for certain devices, including extension telephones. … Murdock’s home) does not qualify for the telephone extension (or business extension) exemption. 2.

Allen C. Kaiser v. United States Postal Service and the National Rural Letter Carriers Association

908 F.2d 47 · Court of Appeals for the Sixth Circuit · Jul 10, 1990

. § 1006 , which establishes career postal employees’ right of transfer. … Appellant clearly meets the first Cort criteria.

Carelli v. Howser

923 F.2d 1208 · Court of Appeals for the Sixth Circuit · Jan 18, 1991

establish paternity, and initiate proceedings to establish and collect support awards. … Although we have only skimmed the surface of the relevant rules and regulations, we believe enough has been set forth to indicate clearly the complexity of the audit process.

United States v. David McCall, Jr.

56 F.4th 1048 · Court of Appeals for the Sixth Circuit · Dec 22, 2022

As for what qualified as “extraordinary and compelling,” Congress didn’t say. … Yet, Concepcion clearly makes a broad and undeniable statement about resentencing discretion which the opinion does not limit to one part of the First Step Act.

Employee Transfer Corp. v. Grigsby

831 F.2d 106 · Court of Appeals for the Sixth Circuit · Oct 13, 1987

ETC became obligated upon such notification to commence the process of establishing a fair price for the property and offering to buy it. … The test for whether a claim qualifies for payment as an administrative expense is set forth in In re Mammoth Mart, Inc. 536 F.2d 950 (1st Cir.1976).

United States v. Jackson

454 F. App'x 435 · Court of Appeals for the Sixth Circuit · Dec 29, 2011

immunity, had not been made against interest. … immunity, for truthful statements.

United States v. James E. Schultz

14 F.3d 1093 · Court of Appeals for the Sixth Circuit · Jan 20, 1994

Under the Guidelines, a “role in the offense” determination “is a factual one, which, upon appellate review, is subject to the clearly erroneous standard,” U.S. v. … Sixth Circuit precedent establishes that “The district court cannot arbitrarily change the requirements for career offender status established by the Sentencing Commission.” U.S. v.

Richardson v. Blanton

597 F.2d 1078 · Court of Appeals for the Sixth Circuit · Apr 13, 1979

Thus, while the rest of the system was not ignored, the focus of the court was clearly on Nashville. … If it concludes that the findings of the district court are clearly erroneous, it may set them aside under Fed.Rule Civ.Proc. 52(a).

United States v. Paull

551 F.3d 516 · Court of Appeals for the Sixth Circuit · Jan 9, 2009

Pauli makes no attempt to demonstrate that the district court clearly erred in crediting the officers’ testimony. … Nor is there any persuasive argument as to why a limited protective immunity order could not be issued in this matter.”); United States v. Halter, 2006 U.S. Dist.