Case law

Ann Wolf v. John W. Gardner, Secretary of Health, Education and Welfare

386 F.2d 295 · Court of Appeals for the Sixth Circuit · Dec 14, 1967

The court held that as a child of the brother of the testator she qualified under the will. … Clearly, in those cases which involve the first clause of the statute, both parties commit the sin of fornication or adultery, yet it is held that their children are legitimated by a subsequent marriage.

Peabody Coal Co. v. Local Union Nos. 1734, 1508 & 1548, United Mine Workers

484 F.2d 78 · Court of Appeals for the Sixth Circuit · Sep 13, 1973

It is clearly at an end, and there appears to *85 be no chance that it will be altered or modified. … Posting is a term meaning at the time a new job is available at a union plant or company, the vacant job is posted on the bulletin board so that all qualified and interested men may bid on it.

Russell v. Ohio, Department of Administrative Services

302 F. App'x 386 · Court of Appeals for the Sixth Circuit · Dec 3, 2008

She does not establish either point. … While Russell may have been dismayed by the review, the act of filing an EEOC claim does not immunize her from all negative feedback in her workplace.

Nierotko v. Social Security Board

149 F.2d 273 · Court of Appeals for the Sixth Circuit · May 14, 1945

Under agreement, however, the company is withholding 1% of this amount for the appellant’s Social Security tax pending the outcome of the present litigation, and so presumably will not claim immunity from the excise tax in … Clearly it was not a condition contributing to either the humanitarian or- economic purpose'of the Act to determine whether the wages were earned or how.

Smith v. United Brotherhood of Carpenters & Joiners of America

685 F.2d 164 · Court of Appeals for the Sixth Circuit · Aug 3, 1982

Conversely, contractors have pointed to the union’s entrance requirements and decried them as constraints on their efforts to find qualified blacks. … This is clearly contrary to the trend in cases employing this type of statistical analysis. 6 We seri *168 ously doubt that none of appellants’ evidence was probative.

Yolanda Arnold v. City of Columbus

515 F. App'x 524 · Court of Appeals for the Sixth Circuit · Feb 20, 2013

Prima Facie Case To establish a prima facie case, a plaintiff must show that: “1) he is a member of a protected class; 2) [he] was qualified for the job; 3) he suffered an adverse employment decision; and 4) [he] … The district court determined that only Yolanda Arnold’s forty-hour suspension qualified as an adverse employment action, but Plaintiffs argue that a number of other actions also qualify.

Shell v. R.W. Sturge, Ltd.

55 F.3d 1227 · Court of Appeals for the Sixth Circuit · Jun 8, 1995

The Corporation is managed by the Council of Lloyd’s (“Council”) which controls the admission and discipline of Names, sets the Names’ reserve requirements and establishes standards for Lloyd’s policies. … Although the Lloyd’s Act of 1982 provides Lloyd’s some immunity from damages, it does not preclude Names from obtaining injunctive, declaratory, rescissionary or restitutionary relief or preclude Names from damages where

Mahoning Women's Center v. Hunter

610 F.2d 456 · Court of Appeals for the Sixth Circuit · Dec 18, 1979

Other provisions require the pregnant woman’s written, informed consent before an abortion can be performed, and establish extensive recordkeeping requirements without insuring confidentiality, including “admission and discharge … Its main provisions and purpose are clearly invalid.

W-R Co. v. Sova

106 F.2d 478 · Court of Appeals for the Sixth Circuit · Sep 18, 1939

read as applicable to the particular facts proved or assumed to be proved, since the generality of expressions which may be found in opinions are not intended to be the exposition of the whole law, but are governed and qualified … All of the cases cited by appellee are clearly distinguishable on the facts. In the Austin case, as in the others, the experiment was necessary to determine whether the invention was complete.

United States v. Rapanos

Court of Appeals for the Sixth Circuit · Jul 26, 2004

There is order to qualify for CWA jurisdiction. … Willard to from the Defendants’ own experts, which reduced the be “eminently qualified” as an expert in wetlands and computation of wetland areas, qualifies under Rule 26’s concluded that his testimony was

Insight Terminal Solutions, LL v. Cecelia Fin. Management, LLC

Court of Appeals for the Sixth Circuit · Feb 28, 2024

The rules clearly provide that evidence may be admissible against some but not all parties, and for some but not all purposes. Fed. R. Evid. 105. … At the end of the day, the more a transaction resembles the product of an arm’s length negotiation, the more likely it qualifies as a loan. Id. at 750.

Scott v. Eastman Chemical Co.

275 F. App'x 466 · Court of Appeals for the Sixth Circuit · Apr 22, 2008

The Third Circuit stated, “cloaking such criteria with an appearance of objectivity does not immunize an employment decision from a claim of discrimination.” Id. at 321 . … The EEOC determination letter was clearly before the district court, though he did not discuss it.

Clarence Fry v. Tim Shoop

124 F.4th 1019 · Court of Appeals for the Sixth Circuit · Jan 3, 2025

It requires him to show that the state court decisions “(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the … In the absence of such authority, Fry cannot show that the state courts violated clearly established law under AEDPA. Courts, moreover, presume knowing assent when a defendant tacitly chooses not to testify.

United States v. Tony James Dimitroff

541 F.2d 629 · Court of Appeals for the Sixth Circuit · Sep 9, 1976

Dimitroff contends that his own affidavit was inadmissible hearsay, but that document clearly constitutes an admission against interest and is therefore not hearsay, according to Fed.R.Evidence 801(d)(2). … Possession was thus established and the jury could properly infer from the quantity of cough syrup that Dimitroff intended to distribute at least a portion of it.

United States v. King

834 F.2d 109 · Court of Appeals for the Sixth Circuit · Nov 25, 1987

Under certain circumstances, a layoff man can clearly fit this formulation. … Proof of one layoff, by itself, does not establish that a person conducted the business of a bookmaker.

First Defiance Financial Corp. v. Progressive Casualty Insurance

688 F.3d 265 · Court of Appeals for the Sixth Circuit · Aug 1, 2012

The phrase does not establish a subjective standard; it establishes an objective one, meaning “apparent or obvious.” FDIC v. St. Paul Fire & Marine Ins. Co., 942 F.2d 1032, 1035 (6th Cir. 1991). … While these disclaimers did not tell customers that they would assume the risk of employee theft, they clearly did not tell customers that First Defiance assumed that responsibility, either.

Alexander v. Local 496, Laborers' International Union of North America

177 F.3d 394 · Court of Appeals for the Sixth Circuit · Apr 30, 1999

Thus, findings with regard to the evidence necessary to establish a prima facie case of employment discrimination are reviewed under the clearly erroneous standard. See id. at 374-77 . … Pendleton’s findings are "clearly erroneous” and/or legally insufficient, and that its expert’s report was "superior.”

United States v. Goldsby

39 F. App'x 168 · Court of Appeals for the Sixth Circuit · May 15, 2002

The panel found that the testimony at trial did not establish that the drugs in Goldsby’s possession were linked “to the conspiracy charged in the superceding indictment.” Id. … Neither of the parties contest that these convictions qualify under the language of 28 U.S.C. § 994 and U.S.S.G. § 4B1.1.

Alfred Keith Bragg v. Lamar Glenn, Columbus City Police

996 F.2d 1214 · Court of Appeals for the Sixth Circuit · Jun 29, 1993

996 F.2d 1214 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited … Upon careful review, we conclude that the district court properly held in favor of Glenn because he is entitled to qualified immunity. See Harlow v. Fitzgerald, 457 U.S. 800, 818-19 (1982); Grossman v.

United States v. Goff

187 F. App'x 486 · Court of Appeals for the Sixth Circuit · Jun 27, 2006

Examples of collateral final orders are orders denying qualified or absolute immunity that address only legal issues and do not address what facts the parties might be able to prove, 2 an order empaneling separate juries … City of Dayton, 440 F.3d 306, 310-11 (6th Cir.2006) (reviewing order that denied qualified immunity); Todd v.