Case law
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Court of Appeals for the Sixth Circuit · Sep 11, 2007
These questions were clearly designed to clarify Landers’s vague and equivocal response to questions about the make and model of police patrol cars and how many had light-bars on their roofs. … But this lack of elaboration does not by itself establish that the superseding indictment was motivated by prosecutorial vindictiveness.
Cited 0 timesPublished349 F. App'x 12 · Court of Appeals for the Sixth Circuit · Sep 24, 2009
(b) Establishes all of the following by clear and convincing evidence: (i) A sample of identified biological material ... is available for DNA testing. … Clem, 492 F.3d 665, 674 (6th Cir.2007) (noting that judicial immunity protects the judicial function by affording absolute immunity); Pusey v.
Cited 22 timesUnpublished683 F.2d 146 · Court of Appeals for the Sixth Circuit · Jul 12, 1982
The Corporation denied benefits to all Taylor SUB applicants for the reason that, according to Chrysler they were not on a qualifying layoff (A. 218-219, 337). … This record clearly shows that Chrysler abandoned its mandatory maternity leave plan in June 1972. Moreover, as of July of 1972, this circuit struck down a quite similar policy applicable to school teachers.
Cited 0 timesPublished956 F.2d 619 · Court of Appeals for the Sixth Circuit · Apr 3, 1992
The 65 Ldn standard was established in response to Congress's direction that the FAA produce a reliable methodology for measuring noise and human response. … The property in Old Louisville qualified for listing on the National Register because of its architectural importance and historical significance.
Cited 0 timesPublishedNational Wildlife Federation v. Consumers Power Company
862 F.2d 580 · Court of Appeals for the Sixth Circuit · Dec 1, 1988
The CWA establishes a comprehensive statutory system for controlling water pollution. To that end, it establishes the § 402 NPDES permit system for regulating discharges of pollutants into waters of the United States. … Oil, sanitary waste, and municipal waste are clearly introduced from the outside world.
Cited 68 timesPublished678 F.3d 429 · Court of Appeals for the Sixth Circuit · May 4, 2012
Doyle concedes that his previous convictions for aggravated assault, and for burglary, qualify as violent felonies under the ACCA. … This similarity is a beginning point in establishing that vehicle flight presents a serious potential risk of physical injury to another. Another consideration is a comparison to the crime of burglary.
Cited 20 timesPublished99 F.3d 1340 · Court of Appeals for the Sixth Circuit · Nov 4, 1996
qualified as a “trucker” because it was an interstate motor carrier for hire. … Endorsement 23 10 clearly covers the instant situation, since the accident indisputedly occurred while still under lease to Wolverine but not “in the business of’ Wolverine.
Cited 76 timesPublished421 F.3d 425 · Court of Appeals for the Sixth Circuit · Aug 31, 2005
Carr’s guilty pleas clearly established that he violated conditions one and four of his supervised release. … In the present case, the district court clearly announced its intention to sentence Carr to the “maximum” term of supervised release “permissible under the law.”
Cited 24 timesPublishedKilgore v. Outback Steakhouse of Florida, Inc.
160 F.3d 294 · Court of Appeals for the Sixth Circuit · Nov 2, 1998
. §§ 201-219 , establishes a minimum wage. … The “Outback Tip Policy” clearly stated that Outback would *300 use the tip credit against the minimum wage.
Criticized by National Restaurant Association v. Solis, 870 F. Supp. 2d 42 (2012)Cited 35 timesPublishedCourt of Appeals for the Sixth Circuit · Mar 16, 2007
Absent direct evidence of discrimination, a plaintiff claiming unlawful termination must establish a prima facie case showing that: (i) the employee was in a protected group; (ii) the employee was qualified for the position … qualified for the position; and (4) after he was rejected, a substantially younger applicant was selected.”
Cited 0 timesPublishedSwinney v. General Motors Corp.
46 F.3d 512 · Court of Appeals for the Sixth Circuit · Jan 26, 1995
We conclude that the plaintiffs qualify as “participants” in the laid-off workers plans. … Nevertheless, the defendant and the district court clearly had notice of the equitable estoppel claim.
Cited 38 timesPublishedCourt of Appeals for the Sixth Circuit · Dec 29, 2003
Its “contrary to” clearly established federal law under provisions therefore apply. Id. … Mu-Min, was not contrary to, or an unreasonable application of, clearly 500 U.S. at 431-32. established United States Supreme Court case law. Dennis v. Mitchell, 68 F.
Cited 0 timesPublished89 F. App'x 551 · Court of Appeals for the Sixth Circuit · Mar 2, 2004
California, 355 U.S. 225 , 78 S.Ct. 240 , 2 L.Ed.2d 228 (1957)), the Colorado statute at issue here clearly prohibits felons from possessing firearms. … Haire does not dispute that he qualifies for an enhanced sentence under 18 U.S.C. § 924 (e) and U.S.S.G. 4B1.4; instead, he argues that his sentence under those provisions is disproportionate to his crimes.
Cited 3 timesPublishedJose Flores v. Reyes Rios and Gibsonburg Canning Company
36 F.3d 507 · Court of Appeals for the Sixth Circuit · Sep 26, 1994
When a neighboring farmer spends time and money bringing workers to Ohio, such activities are clearly performed on the recruiting farmer’s behalf, not GCC’s. … The Ohio Bureau of Employment Services (“OBES”) was established pursuant to the Wagner-Peyser Act.
Cited 10 timesPublishedMary Bakos v. Flint Housing Commission
746 F.2d 1179 · Court of Appeals for the Sixth Circuit · Oct 29, 1984
After FHC inspected the unit, Bakos, Piper Realty and FHC executed appropriate documents establishing a one-year lease to begin April 9, 1980. … The use of the word “shall” in subsection (e)(1) clearly indicates that FHC had no discretion to refuse to issue the Certificate unless a specific exception was found to exist.
Cited 7 timesPublishedLouis Deniro, Frank Deniro and Michael Deniro v. United States
561 F.2d 653 · Court of Appeals for the Sixth Circuit · Aug 30, 1977
It is also contended by the government that the plaintiffs did not establish that the value of National Cigarette was less than the value assigned to it by an agent of the IRS. … The government would clearly be correct in asserting that such expenses are not deductible if the recovery in this case were for the benefit of the appellees personally.
Cited 16 timesPublishedThe Mann And Parker Lumber Company v. Wel-Dri
579 F.2d 973 · Court of Appeals for the Sixth Circuit · Jun 20, 1978
Black or a qualified associate. 9 If the SUPER KILNS do not perform as specified above, MOORE OREGON will provide adequate production capacity to four (4) conventional dry kilns at no additional cost to THE MANN AND PARKER … an essential element of a contract has been reserved for future agreement. 36 In our opinion the findings of fact adopted by the District Court on the issue of liability are supported by substantial evidence and are not clearly
Cited 1 timesPublishedWolverine Pipe Line Co. v. DOT, PHMSA
69 F.4th 365 · Court of Appeals for the Sixth Circuit · Jun 2, 2023
The plans state that Cooper ran “the modified ASME B31G calculations” and found that four anomalies qualified as 180-day conditions. … You stated very clearly the actions should occur upon discovery of the condition. What date was that?” PHMSA Counsel: “Wolverine’s date. That’s what — Wolverine’s discovery date was June 26.”
Cited 2 timesPublishedKenneth D. Stevens v. Employer-Teamsters Joint Council No. 84 Pension Fund
979 F.2d 444 · Court of Appeals for the Sixth Circuit · Nov 16, 1992
for contributions or payments to be made by the Employer to such fund for those of its employees who have qualified under the terms of the said collective bargaining agreements and any pension plan or plans established thereunder … These include contentions that the district court: 1) clearly erred when it found that Stevens was covered at all times by the collective bargaining agreement; 2) clearly erred when it held the defendants should pay Stevens
Cited 0 timesPublishedUnited States v. Rashad Woodside
895 F.3d 894 · Court of Appeals for the Sixth Circuit · Jul 18, 2018
This time around, the court relied primarily on Stafford’s testimony to establish drug quantity. … seven percent of the drugs distributed during that time—a mere 98 pills per week, for a total of 7,644 pills during the 18-month period— Woodside would still be responsible for 56,364 pills during that period, comfortably qualifying
Cited 18 timesPublished
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