Case law

United States v. Glenn Daeward Boyd

Court of Appeals for the Sixth Circuit · Sep 2, 2026

Boyd Page 6 established fact” or “revealing that which already exists.” Id. (emphasis added). … For the reasons explained below, the district court clearly explained its decision to vary Defendant’s sentence upward.

Hyatt Corporation, Petitioner/cross-Respondent v. National Labor Relations Board, Respondent/cross-Petitioner

939 F.2d 361 · Court of Appeals for the Sixth Circuit · Jul 22, 1991

The factual record also clearly supports the Board’s finding that wage increases pursuant to Policy 302 had become the established practice of Hyatt. … Justice O’Connor would clearly require this level of showing on plaintiff’s part.

American Medical Security, Inc. v. Auto Club Insurance Association of Michigan

238 F.3d 743 · Court of Appeals for the Sixth Circuit · Jan 4, 2001

The plan however, is clearly not self-funded, but rather has purchased insurance through United Wisconsin. … The Michigan law clearly “regulates insurance” within the meaning of the savings clause.

Stranahan v. Commissioner of Internal Revenue

42 F.2d 729 · Court of Appeals for the Sixth Circuit · Jun 27, 1930

Clearly there is none in Silberschein v. United States, 266 U. S. 221 , 45 S. Ct. 69 , 69 L. Ed. 256 , and United States v. Williams, 278 U. S. 255 , 49 S. Ct. 97 , 73 L. … The old company had an established business. The market for the product of the reorganized company was already established. It made money from the beginning of its operation.

Monroe Auto Equipment Co. v. International Union

981 F.2d 261 · Court of Appeals for the Sixth Circuit · Dec 14, 1992

Because there are no clearly established standards for ascertaining whether a person is under the influence of marijuana, the court held, in effect, that Monroe could not discharge an employee for that rules infraction without … In the professional opinion of the employer's highly qualified expert--an opinion that stands totally uncontradicted--this scientifically valid test established that Mr.

Heath v. De Courcy

888 F.2d 1105 · Court of Appeals for the Sixth Circuit · Nov 3, 1989

The efficacy and consequences of a decree directing institutional reform cannot be seen clearly from the courtroom. … The court’s fact findings were not clearly erroneous and as such will not be disturbed. Rabidue v. Osceola Ref.

Wright v. Commissioner

809 F.3d 877 · Court of Appeals for the Sixth Circuit · Jan 7, 2016

The use of the word “or” between the “delivery” and “settlement” phrases indicates that these phrases describe two ways in which a contract may qualify as a “foreign currency contract.” … However this may be, the plain language of § 1256, as stated above, clearly establishes that the Wrights’ euro put option meets the “settlement” prong of § 1256(g)(2)(A)(i).

Michigan Bell Telephone Co. v. Covad Communications Co.

597 F.3d 370 · Court of Appeals for the Sixth Circuit · Feb 23, 2010

So, let us begin by restating it, as clearly and succinctly as we can, and then proceed to what it means. Based on our plain reading, we find the most plausible “translation” to be: 136. … The answer is clear: to describe and differentiate two types of facilities for which it had not yet established names.

District 2, Marine Engineers Beneficial Association Afl-Cio v. Amoco Oil Company

554 F.2d 774 · Court of Appeals for the Sixth Circuit · May 3, 1977

If the will of Congress on this point is clearly discernible, we need go no further. … We do not have such a requirement at law to construe narrowly this labor statute, but when Congress establishes jurisdictional statutes, they should be confined to the precise limits as defined.

Ramani v. Ashcroft

Court of Appeals for the Sixth Circuit · Aug 4, 2004

Notably, Ramani did not object in his BIA qualifies as a refugee under a substantial evidence test. … It was the only issue clearly advanced by Ramani, and discussion of this issue continued throughout the entire brief. Ramani did briefly argue that he had a reasonable fear of persecution in his BIA appeal brief.

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

Michigan Bell Telephone Company v. Mcimetro Access Transmission Services, Inc.

323 F.3d 348 · Court of Appeals for the Sixth Circuit · Mar 10, 2003

The Sixth Circuit has clearly recognized that a federal court exercising jurisdiction under § 252 may review a state commission's determination for compliance with federal law. … commissions have emphasized, they have Eleventh Amendment immunity against state law claims brought in federal court.

United States v. Paul G. Gorman

807 F.2d 1299 · Court of Appeals for the Sixth Circuit · Feb 6, 1987

Weber allowed Gorman to believe these conditions would be established. Gorman continued to press the issue, however, and Weber stalled. This eventually led to a falling out between the two on March 30, 1983. … Considering Gorman’s precarious financial situation, such future employment would clearly be a thing of value for purposes of Section 201(g).

Scott Gerber v. James Riordan

Court of Appeals for the Sixth Circuit · Aug 18, 2011

This is so because by appearing solely to contest jurisdiction, a defendant clearly indicates that he is not willing to submit to the district court’s jurisdiction. … There is one filing, however, that in my view clearly stands out as showing the obvious intent of the defendants to submit to the personal jurisdiction of the court.

George Mastrobuono, Jr. v. Local Union No. 673, International Brotherhood of Electrical Workers

828 F.2d 19 · Court of Appeals for the Sixth Circuit · Sep 1, 1987

Such allegations are clearly inadequate to question the integrity of the arbitral panel. Cf. Morris v. … These issues before the Committee were factual in nature, and the Committee's findings are not clearly erroneous.

Bryson v. Regis Corp.

498 F.3d 561 · Court of Appeals for the Sixth Circuit · Aug 16, 2007

As a threshold issue, a disability-discrimination plaintiff must establish that she suffers from an impairment that qualifies as a “disability.” … First, Bryson must establish a prima facie case.

United States v. Al Ford

73 F.3d 362 · Court of Appeals for the Sixth Circuit · Jan 5, 1996

The district court's findings that Ford's actions did not taint his verbal consent are supported and not clearly erroneous. See United States v. … When presented with two opposing, yet permissible views of the evidence, we cannot consider a factfinder's choice between them clearly erroneous. Anderson v.

Norman Z. Flick v. R. A. Larue John Nevins

821 F.2d 649 · Court of Appeals for the Sixth Circuit · Jun 23, 1987

The district court granted defendants' motion for summary judgment based on qualified immunity. 3 On appeal, Flick argues that the district court erred in holding that the defendants were engaged in discretionary functions … that would permit a defense of qualified immunity, and that summary judgment based on qualified immunity is inappropriate since his complaint requested an injunction. 4 Although the trial judge incorrectly analyzed the record

Armalite, Inc. v. Lambert

544 F.3d 644 · Court of Appeals for the Sixth Circuit · Oct 14, 2008

In 2004, the ATF inspected Armalite’s transaction records, known as Form 4473 records, which the GCA requires licensees to keep to verify that all over-the-counter transactions involve qualified purchasers. … Not one of these courts held that a negligent violation of the statute suffices to establish a cognizable GCA violation.

Teresa Tysinger v. Police Department of the City of Zanesville

463 F.3d 569 · Court of Appeals for the Sixth Circuit · Sep 25, 2006

Regarding the second element, defendant City of Zanesville questions whether Tysinger was in fact “qualified” for her patrol officer position after she became pregnant. … Under any of these constructs, Tysinger’s evidence clearly falls short of creating a genuine issue of material fact.