Case law

Marchwinski v. Howard

309 F.3d 330 · Court of Appeals for the Sixth Circuit · Oct 18, 2002

“A district court abuses its discretion when it relies on clearly erroneous findings of fact ... or when it improperly applies the law or uses an erroneous legal standard. … We are persuaded that the district court erred in holding that only a public safety concern can qualify as a “special need” that may justify suspicionless drug testing.

Perry Drug Stores v. CSK Auto Corp.

93 F. App'x 677 · Court of Appeals for the Sixth Circuit · Dec 8, 2003

This Court must “apply a clearly erroneous standard of review to the district court’s findings of fact and a de novo standard to its conclusions of law.” Tucker v. Calloway Cty. … Further, from a policy standpoint, the Court notes that a contrary result would allow corporations to “immunize themselves by formalistically changing their titles.” Duris v.

United States v. Joseph C. Ilacqua

562 F.2d 399 · Court of Appeals for the Sixth Circuit · Nov 30, 1977

The case is remanded for the district court to reinstate the government’s petition and to conduct a hearing to determine whether Uacqua qualifies for sentencing as a dangerous special offender. 1 . … The facts alleged in the notice clearly show him to fall in the “habitual” offender category of § 3575(e)(1) and thus adequately indicate that he is a special offender. 4 .

Nickels v. Grand Trunk Western RR, Inc.

560 F.3d 426 · Court of Appeals for the Sixth Circuit · Mar 18, 2009

Railroad Commission of Texas, 833 F.2d 570, 574 (5th Cir.1987), FELA relief would clearly be precluded on that ground. … Burns, 587 F.Supp. 161, 170 (E.D.Mich.1984) (concluding that walkways are a part of track structure and thus immune from additional state regulation); Black v. Seaboard Sys.

Northland Family Planning Clinic, Inc. v. Cox

487 F.3d 323 · Court of Appeals for the Sixth Circuit · Jun 4, 2007

went beyond the limitations established by the Supreme Court in Stenberg on a nearly identical issue. … The term apparently has no established medical definition. See Gonzales, 127 S.

United States v. Burnette

21 F. App'x 382 · Court of Appeals for the Sixth Circuit · Oct 10, 2001

Burnette concedes that he has two prior convictions that qualify as “violent felonies” pursuant to § 924(e)(1). … Burnette’s conviction for attempted aggravated burglary thus qualifies as a “violent felony” pursuant to § 924(e)(2)(B)(ii).

United States v. Alfonso Angel

Court of Appeals for the Sixth Circuit · Jan 9, 2004

Although that is a correct statement of the law, the qualified, white juror.” … “To qualify for this reduction, the U.S.C. § 841(b)(1)(A).

Michigan Bell Telephone Co. v. Climax Telephone Co.

202 F.3d 862 · Court of Appeals for the Sixth Circuit · Jan 18, 2000

I Climax is an established local exchange carrier (“LEC”) serving the Climax, Michigan area. … Clearly, the Eleventh Amendment claim can be resolved without resolving either of the other claims.

Six Clinics Holding Corp., II v. Cafcomp Systems, Inc.

119 F.3d 393 · Court of Appeals for the Sixth Circuit · Jul 17, 1997

A cafeteria plan permits employees to set aside pre-tax dollars to purchase certain “qualified benefits.” See 26 U.S.C. § 125 (d), (f). Lenza D. Reaves, Jr. … In Buha , we held that ERISA clearly creates a federal right or remedy enforceable in a federal court of equity, and that ERISA could be given its intended scope only by the stay of a state court proceeding.

Madison v. George E. Fern Co.

54 F. App'x 600 · Court of Appeals for the Sixth Circuit · Dec 18, 2002

This list will be limited to seventy (70) individuals who established their willingness to be available for service with the Company. … The Union contends that several of the applicants on the Class A list were qualified and that Habenstein was not.

Nicholas v. Standard Insurance

48 F. App'x 557 · Court of Appeals for the Sixth Circuit · Oct 9, 2002

Standard’s publication clearly provides that claims are to be filed on “our [Standard’s] forms.” J.A. at 865. … In my opinion, this testimony establishes that Standard was really making the decisions for the terms of the policy that CTA simply ratified in reliance upon Riddlebarger’s judgment.

Faisal Khalaf v. Ford Motor Co.

973 F.3d 469 · Court of Appeals for the Sixth Circuit · Aug 31, 2020

This evidence cited by Ford establishes that Dr. Khalaf cannot establish his retaliatory- termination claim because Ford offered him the only available and reasonable job at the time, which Dr. … Davie Truckers, Inc., 769 F.2d 1012, 1014 (4th Cir. 1985) (concluding that the “evidence clearly established that [the employee] voluntarily resigned his employment with the defendant, [he] suffered no adverse employment

Kay Kingsley v. N. Eugene Brundige

513 F. App'x 492 · Court of Appeals for the Sixth Circuit · Jan 31, 2013

Due Process Claims Kingsley also challenges the district court’s dismissal of her Due Process claims on qualified immunity grounds. … The district court properly concluded that any such right was not clearly established at the time Kingsley’s employment was terminated.

Prenka Lucovic v. Immigration and Naturalization Service

52 F.3d 325 · Court of Appeals for the Sixth Circuit · Apr 10, 1995

The BIA found he did not qualify for either. 2 Upon reviewing the record, we conclude the BIA should be affirmed. I. 3 Lucovic is an Albanian who is a native and citizen of Yugoslavia. … A petitioner must further show that the BIA's denial of asylum was not supported by substantial evidence. 8 The record clearly supports a finding that as of the time Lucovic illegally entered the United States, he had no

Detroit Police Officers Ass'n v. Young

824 F.2d 512 · Court of Appeals for the Sixth Circuit · Jul 29, 1987

This Court asked the District Court to reconsider four specific issues on remand: (1) “whether it has been established that the Department engaged in intentional discrimination against blacks”; (2) “if not, whether the affirmative … It should be noted at the outset that although the classes are clearly not identical, identity between the classes is not necessary where there is a “strong community of interests” between two sets of plaintiffs.

United States v. Sean Carter

378 F.3d 584 · Court of Appeals for the Sixth Circuit · Aug 6, 2004

We granted rehearing en banc to consider whether the circumstances truly qualified as exigent. 315 F.3d 651 . … Even a spoken assent to search may be too ambiguous to establish consent in certain circumstances. E.g., United States v.

Hammerschmidt v. United States

287 F. 817 · Court of Appeals for the Sixth Circuit · Feb 21, 1923

Supp. 1919, § 1253]), specifically provides that this official duty may be performed either by the clerk of the court or a duly qualified deputy. … It clearly and distinctly states the unlawful purpose and object of the conspiracy, and the means by which the alleged conspirators, named in the indictment, sought to accomplish its purpose.

Bradley v. Milliken

484 F.2d 215 · Court of Appeals for the Sixth Circuit · Jun 12, 1973

Nor should judges assume to act as legislators, for which they are neither fitted nor qualified. … Armor was a well-qualified expert.

Swanson v. DeSantis

606 F.3d 829 · Court of Appeals for the Sixth Circuit · Jun 4, 2010

An order establishing that a court—at some point—will resolve the merits of a claim is not a final order, and that would be so even if this were the only claim in the case. But it was not even that. … Although some orders described as “stays” may have the practical effect of an injunction and thus qualify for appeal under § 1292(a)(1), see Workman v.

Ubiotica Corp. v. Food & Drug Administration

427 F.2d 376 · Court of Appeals for the Sixth Circuit · Jun 5, 1970

In enacting section 355, Congress clearly placed on the applicant the burden of establishing that the drug proposed to be distributed in interstate commerce is both safe and effective for the intended use. See Turkel v. … Petitioner also argues that the principle established in Jencks v.