Case law

Ky. Waterways Alliance v. Kentucky Util. Co.

905 F.3d 925 · Court of Appeals for the Sixth Circuit · Sep 24, 2018

Brown Generating Station ("E.W. Brown"). E.W. Brown is a coal-burning power plant in Kentucky. Like all similar power plants, E.W. Brown burns coal in order to heat large amounts of water. … Dist. v.

Rieth-Riley Construction Co. v. Operating Engineers Local 324

Court of Appeals for the Sixth Circuit · Apr 3, 2026

Garmon rested in large part on respecting the Board’s primacy over resolving labor-law disputes. Under Loper Bright Enterprises v. … The labor-law question must be one that the Board has not yet resolved; if the Board has already spoken on the subject, Garmon’s Board-first rationale falls away.

Industrial Addition Ass'n v. Commissioner

141 F.2d 636 · Court of Appeals for the Sixth Circuit · Mar 27, 1944

Commissioner v. Realty Operators, Inc., 5 Cir., 118 F.2d *637 286, 288 ; Smith v. Com’r, 4 Cir., 67 F.2d 167 ; Forest Glen Creamery Co. v. Com’r, 7 Cir., 123 F.2d 522, 523 . … This has been so held in a harsh case where the Clerk of the Board of Tax Appeals failed to notify a taxpayer that the Board had entered a decision in its case. Commissioner v. Realty Operators, Inc., supra.

United States v. Cletus Lester Davis

506 F.2d 587 · Court of Appeals for the Sixth Circuit · Nov 8, 1974

Booth, supra; United States v. Secoy, supra; United States v. Kokotan, supra; United States v. … United States v. Jackson, 469 F.2d 267 (9th Cir. 1972); United States v. Ebey, 424 F.2d 376 (10th Cir. 1970); United States v. Chudy, 474 F.2d 1069 (9th Cir. 1973); Venus v. United States, supra; Bartchy v.

Joseph C. Amersbach, Jr. v. City of Cleveland

598 F.2d 1033 · Court of Appeals for the Sixth Circuit · May 10, 1979

See Maryland v. EPA, 530 F.2d 215 (4th Cir. 1975), vacated sub nom. EPA v. Brown, 431 U.S. 99 , 97 S.Ct. 1635 , 52 L.Ed.2d 166 (1977); District of Columbia v. … EPA v. Brown, 431 U.S. 99 , 97 S.Ct. 1635 , 52 L.Ed.2d 166 (1977); Brown v. EPA, 521 F.2d 827 (9th Cir. 1975), vacated sub nom. EPA v.

Robinson v. Commissioner of Internal Revenue

59 F.2d 1008 · Court of Appeals for the Sixth Circuit · Jun 27, 1932

Compare: Cohen v. Commissioner, 31 F.(2d) 874 (C. C. A. 4); Robertson v. Commissioner, 5 B. T. A. 748; Rosseter v. Commissioner, 12 B. T. A. 254; Treasury Decision 3435 (II — 1 C. B. 50). … The decision of the Board of Tax Appeals is reversed, and tho cause is remanded for further proceedings consistent with this opinion.

Jonida Trucking, Incorporated v. Robert F. Hunt Director, Office of Workers' Compensation Programs, United States Department of Labor

124 F.3d 739 · Court of Appeals for the Sixth Circuit · Jun 26, 1997

A decision by the Board must be affirmed on appeal if the Board has not committed any legal error or exceeded its statutory scope of review of the ALJ’s factual determinations. Director, OWCP v. … Tussey v. Island Creek Coal Co., 982 F.2d 1036, 1040 (6th Cir.1993). In Youghiogheny & Ohio Coal Co. v.

Mayle v. Laborer's International Union, Local 1015

866 F.2d 144 · Court of Appeals for the Sixth Circuit · Nov 2, 1988

Myers v. Affiliated Property Craftsmen, 667 F.2d 817 , 820 (9th Cir.1982) (citing Falcone v. Dantinne, 420 F.2d 1157, 1166 (3rd Cir.1969). … We do note that evidence of a partial trial board is violative of the LMRDA. Stein v. Mutuel Clerks’ Guild of Massachusetts, Inc., 560 F.2d 486, 491 (1st Cir.1977).

Temp-Masters, Inc. v. NLRB

Court of Appeals for the Sixth Circuit · Jul 17, 2006

Fluor Daniel, Inc. v. NLRB, 332 F.3d 961, 967 (6th Cir. 2003). This court defers to the Board’s reasonable interpretations of the NLRA but reviews any conclusions of law unrelated to the NLRA de novo. Lee v. … The Board must show “that the employee’s protected conduct was a motivating factor in the adverse action.” ITT Automotive v. NLRB, 188 F.3d 375, 387 (6th Cir. 1999) (quoting NLRB v.

New York, Chicago and St. Louis Railroad Company v. Brotherhood of Locomotive Firemen and Enginemen

358 F.2d 464 · Court of Appeals for the Sixth Circuit · Mar 29, 1966

Board?” … Brotherhood of Railroad Trainmen v. Chicago River & Indiana Railroad Co., supra; Elgin, Joliet & Eastern Railway Co. v.

Bloemker v. Laborers' Local 265 Pension Fund

605 F.3d 436 · Court of Appeals for the Sixth Circuit · May 19, 2010

Laborers’ Health Care Fund v. … Fiduciary Duty Because Flacche v.

Cleveland Browns Football Co. v. Hawaii-Pacific Apparel Group, Inc.

90 F. App'x 868 · Court of Appeals for the Sixth Circuit · Feb 2, 2004

The plaintiffs, the Ohio-based Cleveland Browns Football Co. and the National Football League Properties, Inc., appeal the dismissal, under Fed.R.Civ.P. 12(B)(2), of their trademark infringement action against the Hawaii-Pacific … However, under Serras v. First Tenn. Bank Nat’l.

E. Stephen Dean v. Thomas K. Byerley

354 F.3d 540 · Court of Appeals for the Sixth Circuit · Jan 8, 2004

They then submit their findings to the Board of Law Examiners, which makes the ultimate admission decisions about each application. … Brown, 447 U.S. 455, 471 , 100 S.Ct. 2286 , 65 L.Ed.2d 263 (1980)).

United States v. Ronald Wilson Prince, A/K/A R. Shaw

548 F.2d 164 · Court of Appeals for the Sixth Circuit · Jan 19, 1977

Appellant’s bag was searched and found to contain approximately 1271.0 grams of a dark brown substance, suspected heroin, which was seized. … United States v. Robinson, 414 U.S. 218 , 94 S.Ct. 467 , 38 L.Ed.2d 427 (1973); Ker v. California, 374 U.S. 23 , 83 S.Ct. 1623 , 10 L.Ed.2d 726 (1962); United States v.

Carlyne TERBOVITZ, Plaintiff-Appellee, v. FISCAL COURT OF ADAIR COUNTY, KENTUCKY, Defendant-Appellant

825 F.2d 111 · Court of Appeals for the Sixth Circuit · Aug 5, 1987

See Tye v. Board of Educ. of the Polaris Joint Vocational School Dist., 811 F.2d 315, 317-18 (6th Cir.1987); Mills v. Ford Motor Co., 800 F.2d 635, 637-38 (6th Cir.1986); Jackson v. … Board of Educ. v.

Smith v. Jefferson Cnty

Court of Appeals for the Sixth Circuit · Nov 24, 2008

See, e.g., Graham v. … It is true that this Court found a justiciable controversy in Everson v. Board of Education, 330 U.S. 1[(1947), a suit by a district taxpayer against a township board of education].

P.J. Thompson, Phillip R. Pope v. Office and Professional Employees International Union, Afl-Cio

74 F.3d 1492 · Court of Appeals for the Sixth Circuit · Feb 8, 1996

United States v. Winston, 37 F.3d 235, 239 (6th Cir.1994) (citing United States v. … In United States v.

Commissioner of Internal Rev. v. Independent L. Ins. Co.

67 F.2d 470 · Court of Appeals for the Sixth Circuit · Nov 10, 1933

If it was not, the finding of the board, which may be construed as a finding that no additional tax was due, would obviously have been correct, regardless of the power of the board to pass upon the constitutionality of the … The order of the Board of Tax Appeals is affirmed. “Sec. 245.

Shearer v. Atlas Radio Co.

94 F.2d 304 · Court of Appeals for the Sixth Circuit · Jan 10, 1938

Lektophone Corporation v. Rola Co., 282 U.S. 168 , 51 S.Ct. 93 , 75 L.Ed. 274 ; D’Arcy Spring Co. v. Marshall Ventilated Mattress Co., 6 Cir., 259 F. 236, 240 ; Dillon Pulley Co. v. McEachran, 6 Cir., 69 F.2d 144, 146 . … Schlenker had a different type of diaphragm mounted on the usual baffle board. His patent disclosed a cavity in front of the *307 board, wedge-shaped, in cross-section.

James Ray McCraw v. United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada and Local 43 of United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, James Ray McCraw v. Local 43 of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada

341 F.2d 705 · Court of Appeals for the Sixth Circuit · Feb 27, 1965

341 F.2d 705 James Ray McCRAW, Plaintiff-Appellant, v. … N.L.R.B. v. Kentucky Utilities Co., 182 F.2d 810, 814 , C.A.6th; Viles v. Commissioner, 233 F.2d 376, 379 , C.A.6th; Mid-Southern Foundation v.