Case law

United States v. Quality Stores, Inc. (In Re Quality Stores, Inc.)

693 F.3d 605 · Court of Appeals for the Sixth Circuit · Sep 7, 2012

Thus, “although the committee reports clearly state the intention to decouple the term ‘wages’ for purposes of income tax withholding and FICA,” the statutory language actually “addresses the construction of the regulations … The rights of the taxpayer are defined by the statute, which establishes the standard by which such rights must be measured. Id.

Abay v. Ashcroft

Court of Appeals for the Sixth Circuit · May 19, 2004

The and at which the minor daughter waived appearance, their asylum applicant bears the burden of establishing that she separate cases were consolidated and Abay’s was designated qualifies as a refugee “either … Amare’s clearly indicated that a family member may be eligible for asylum expressed fear is rooted in the culture of Ethiopia.

Carson v. Here's Johnny Portable Toilets, Inc.

698 F.2d 831 · Court of Appeals for the Sixth Circuit · Feb 1, 1983

On the right of privacy and right of publicity theories, the court held that these rights extend only to a “name or likeness,” and “Here’s Johnny” did not qualify. I. … Moreover, on the basis of these findings, we agree with the district court that the appellants have failed to establish a likelihood of confusion.

Essam Alhaj v. Eric H. Holder, Jr.

Court of Appeals for the Sixth Circuit · Aug 11, 2009

Thus, in order to qualify for withholding of removal, the petitioner “must establish that there is a clear probability that he will be subject to persecution if forced to return to the country of removal.” Pilica v. … Clearly, Alhaj cannot claim that he, a Muslim and native Yemeni, would “more likely than not” be persecuted upon a return to Yemen because of his race, religion, or nationality.

Robert Bledsoe v. TVA Bd. of Directors

42 F.4th 568 · Court of Appeals for the Sixth Circuit · Jul 27, 2022

To establish a prima facie case, a plaintiff must show “(1) that he is disabled, (2) that he is otherwise qualified for the job, with or without reasonable accommodation, (3) that he suffered an adverse employment action, … Causality is clearly a “standard[] used to determine  No. 21-5808 Bledsoe v.

United States v. Patrick Wandahsega

924 F.3d 868 · Court of Appeals for the Sixth Circuit · May 21, 2019

Broxmeyer, 699 F.3d 265, 285 (2d Cir. 2012) (“[The defendant’s] conviction on Count Three clearly provides one of the two occasions of prohibited sexual conduct necessary to establish a pattern of activity.”). … Furthermore, the fact that Wandahsega qualified for court-appointed counsel “is probative but not dispositive of whether [he] is indigent under § 3014.” Shepherd, 2019 WL 1925640, at *4.

Ferensic v. Birkett

501 F.3d 469 · Court of Appeals for the Sixth Circuit · Sep 4, 2007

A state-court decision is considered “contrary to ... clearly established Federal law” if it is “diametrically different, opposite in character or nature, or mutually opposed.” Williams v. … Alternatively, to be found an “unreasonable application of ... clearly established Federal law,” the state-court decision must be “objectively unreasonable,” not simply erroneous or incorrect.

Jones v. Johanns

264 F. App'x 463 · Court of Appeals for the Sixth Circuit · Sep 14, 2007

To make out a prima facie case of discrimination, a plaintiff must establish that: (1) he is a member of a protected group; (2) he was qualified for the position; (3) he was subject to an adverse employment decision; and … In describing the materially adverse standard, the Supreme Court noted that “[a]n employee’s decision to report discriminatory behavior cannot immunize that employee from those petty slights or minor annoyances that often

Andrea Goldblum v. Univ. of Cincinnati

62 F.4th 244 · Court of Appeals for the Sixth Circuit · Mar 10, 2023

Airports Auth., 149 F.3d 253, 260 (4th Cir. 1998) (Congress didn’t “intend[] to immunize insubordinate, disruptive, or nonproductive behavior at work.” (quotation omitted)). … These are not the only ways that a plaintiff can establish pretext.

Polec v. Northwest Airlines, Inc.

86 F.3d 498 · Court of Appeals for the Sixth Circuit · Jun 6, 1996

McDonnell Douglas clearly offered Capt. Nelson’s statement as evidence of wrongdoing on the part of Flight 255’s crew. … While this case-by-case approach provides limited guidance to courts resolving conflicts, Michigan decisions have clearly established that a court must have a rational reason to justify displacing the law of the forum, lex

Dean B. Smith and Irma Smith v. Commissioner of Internal Revenue

937 F.2d 1089 · Court of Appeals for the Sixth Circuit · Jun 27, 1991

The entity to be paid the huge amount of money in Ferrell clearly had no experience or means to give practical assistance in oil operations. … “The taxpayer must still be engaged in a trade or business at some time,” however, to qualify for § 174 treatment. Green, 83 T.C. at 686 .

Detroit Free Press v. John Ashcroft

303 F.3d 681 · Court of Appeals for the Sixth Circuit · Aug 26, 2002

Many deportation proceedings are unremarkable in that the respondent is removable and either may be clearly ineligible for any relief or the only possible remedy may be voluntary departure. … In sum, we find that the Government’s attempt to establish a narrowly tailored restriction has failed.

Youngblood v. Dalzell

925 F.2d 954 · Court of Appeals for the Sixth Circuit · Feb 14, 1991

With regard to promotions, the consent decree provides simply that the Defendants “shall use a system for promoting qualified ... … Eaton Corp., 615 F.2d 716, 719-20 (6th Cir.1980) (filing an action in a court which does not clearly lack jurisdiction tolls the limitations period).

Davina Hurt v. Commerce Energy, Inc.

973 F.3d 509 · Court of Appeals for the Sixth Circuit · Aug 31, 2020

The Agreement between Just Energy and Plaintiffs clearly states that Just  No. 18-4058 Hurt, et al. v. Commerce Energy, Inc., et al. … Compensation information was therefore necessary for Plaintiffs to establish that they had minimum wage and overtime claims to begin with.

Peabody Coal Co. v. Smith

127 F.3d 504 · Court of Appeals for the Sixth Circuit · Oct 7, 1997

In Adams , this court applied that language and held that “in order to qualify for benefits under Part 718, a miner, who is found to suffer from pneumoconiosis under section 718.202, must affirmatively establish only that … Anderson’s opinion, therefore, had only marginal relevance, if any at all, to the question of causation, and Judge Gilday clearly put too much emphasis on it.

Hadix v. Johnson

143 F.3d 246 · Court of Appeals for the Sixth Circuit · Apr 17, 1998

In step one of the Landgraf analysis, a court determines whether Congress clearly defined the temporal reach of a new law. Id. at 257-63, 280 , 114 S.Ct. at 1492-96, 1505 . … Plaintiffs’ *259 attorneys’ efforts do not qualify as post-judgment compliance monitoring and plaintiffs cannot rely upon their status as prevailing parties in the underlying litigation.

Elmer J. Benes v. United States

276 F.2d 99 · Court of Appeals for the Sixth Circuit · Mar 21, 1960

The distinction is well established and is clearly delineated by the court in the case of Miller v. … These facts are clearly incompatible with an intention to enter into a contract or to create a contractual relationship.

Bridging Communities Inc. v. Top Flite Financial Inc.

843 F.3d 1119 · Court of Appeals for the Sixth Circuit · Dec 15, 2016

“An abuse of discretion occurs if the district court relies on clearly erroneous findings of fact, applies the wrong legal standard, misapplies the correct legal standard when reaching a conclusion, or makes a clear error … As Top Flite conceded at oral argument, however, the question of who ordered the faxes and in what capacity— and the question of who qualifies as a “sender” under the TCPA—is common to the class.

Glenn v. MetLife

Court of Appeals for the Sixth Circuit · Sep 1, 2006

Although it is not clear from the record what sort of documentation MetLife would have found sufficient to establish the negative effect of stress on Glenn’s medical condition, the plan itself does not restrict the type of … Rather, the plan provides that “[t]o qualify for benefits under the Plan, Total Disability must be supported by current medical documentation” and the claimant “must be under the regular care of a qualified physician under

United States v. Joseph Kelly

204 F.3d 652 · Court of Appeals for the Sixth Circuit · Feb 24, 2000

Kelly and Lolakis allegedly discussed the possibility of establishing a counterfeiting operation in Ohio, Lolakis’ home state, after they completed their sentences. … See U.S.S.G. § 3B1.1 application note 4 (“There can, of course, be more than one person who qualifies as a leader or organizer of a criminal association or conspiracy”).