Case law

Meijer, Inc., Petitioner/cross-Respondent v. National Labor Relations Board, Respondent/cross-Petitioner

463 F.3d 534 · Court of Appeals for the Sixth Circuit · Aug 21, 2006

Our precedents also establish that a § 8(a)(1) violation contains a knowledge *541 requirement. In Air Surrey Corp. v. … The repudiations in the two cases are therefore clearly dissimilar.

Rosemarie Gandy v. Sullivan County, Tennessee, and William John McKamey

24 F.3d 861 · Court of Appeals for the Sixth Circuit · Jul 7, 1994

Viewing the evidence in the light most favorable to Gandy, defendants have failed to establish that the jury could not have found substantial similarity between the jobs in question. … Second, during the trial, defendants were attempting to qualify Mr. Romich as an expert.

Knop v. Johnson

977 F.2d 996 · Court of Appeals for the Sixth Circuit · Oct 16, 1992

Lower courts have also implicated the Privileges and Immunities Clause of Article IV. Nordgren v. Milliken, 762 F.2d 851, 853 (10th Cir.), cert. denied, 474 U.S. 1032 , 106 S.Ct. 593 , 88 L.Ed.2d 573 (1985); Smith v. … The handbooks used at some facilities do not explain the policy clearly or do not discuss it at all.

James Trimble v. David Bobby

804 F.3d 767 · Court of Appeals for the Sixth Circuit · Oct 22, 2015

“To qualify as an ‘adequate’ procedural ground, a state rule must be ‘firmly established and regularly followed.’ ” Walker v. … As for the merits, Trimble argues that the Ohio Supreme Court unreasonably applied clearly established Federal law from Payne v. Tennessee, 501 U.S. 808 , 111 S.Ct. 2597 , 115 L.Ed.2d 720 (1991).

Robinson Ex Rel. Robinson v. Shelby County Board of Education

566 F.3d 642 · Court of Appeals for the Sixth Circuit · May 21, 2009

The district court established new “racial ratios” for the racial composition of students and faculty which it expected to be met no later than October *647 2012. … Nonetheless, it is also well-established that “[p]ublie policy strongly favors settlement of disputes without litigation....

Hoffman v. Ruesch

936 F.2d 573 · Court of Appeals for the Sixth Circuit · Jun 24, 1991

The district court relied on the doctrine of qualified immunity in granting the motion, holding that the defendants did not violate a "clearly established" constitutional right. See Harlow v. … Accordingly, we recently held that, as of 1983, it was clearly established, within the confines of the Sixth Circuit, that the fleeing felon rule violated the fourth amendment. Robinson v.

Deja Vu of Nashville, Inc. v. Metro. Gov't of Nashville

Court of Appeals for the Sixth Circuit · Mar 13, 2020

Immunity Claims Schipani and Molette3 assert immunity as witnesses under Tenn. Code Ann. … The statute also provides that “[a] person prevailing upon the defense of immunity provided for in this section shall be entitled to recover costs and reasonable attorneys’ fees incurred in establishing the defense.”

Arthur Lee Campbell v. Ronnie Strong Judge Dominick R. Carnovale John Doe Mary Doe, Defendants

865 F.2d 1267 · Court of Appeals for the Sixth Circuit · Dec 21, 1988

865 F.2d 1267 Unpublished Disposition 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 … Clearly, the defendant judge is absolutely immune for the acts alleged by plaintiff. See Stump v. Sparkman, 435 U.S. 349 (1978). Further, the defendant attorney is not a state actor for purposes of Sec. 1983.

Julie Pucci v. Nineteenth District Court

596 F. App'x 460 · Court of Appeals for the Sixth Circuit · Feb 13, 2015

The district court also rejected Somers’s claim of qualified immunity in his individual capacity. Id. at 810. … This court affirmed the district court’s denial of qualified immunity. Id. at 767–69. Pucci complied with the district court’s order to clarify her First Amendment claim.

United States v. Marc Milton Leachman

309 F.3d 377 · Court of Appeals for the Sixth Circuit · Dec 18, 2002

It is equally clear that such facts must be established by proof beyond a reasonable doubt.” Id. at 490 , 120 S.Ct. 2348 citing Jones v. … An error is plain if it is clearly contrary to established rules of law. The Constitution places the burden of proof and production of evidence squarely upon the shoulders of the government. See United States v.

Gustafson v. City of Lake Angelus

76 F.3d 778 · Court of Appeals for the Sixth Circuit · Feb 27, 1996

Clearly, the FAA defers to local zoning ordinances, since this regulation requires the establishment of an airport in compliance with a municipality’s land use plan. … On cross-appeal, plaintiff alleges that as a riparian property owner and airman qualified to safely operate seaplanes, the ordinances at issue have deprived him of due process and equal protection in violation of the Fourteenth

H. S. D. Co. v. Kavanagh, Collector of Internal Revenue

191 F.2d 831 · Court of Appeals for the Sixth Circuit · Jun 19, 1951

The government claims that if the Executive Employees’ Trust was a deferred compensation trust, as appellant contends, then the contributions made to establish such trust clearly represented capital expenditures and not deductions … The government contends that later this court qualified its decisión in the Woodworth case in Austin Co. v.

Lamb Enterprises, Inc. v. Judge George N. Kiroff

549 F.2d 1052 · Court of Appeals for the Sixth Circuit · Jan 31, 1977

Jurisdiction was established in the District of Columbia and on November 1, 1967, a jury returned a verdict for Brown for $400,000. … If they fail therein, and withhold or deny rights, privileges, or immunities secured by the Constitution and laws of the United States, the party aggrieved, may bring the case from the highest court of the State in which

Police Officer for Equal Rights v. City of Columbus

916 F.2d 1092 · Court of Appeals for the Sixth Circuit · Oct 22, 1990

Further, the District Court found that the 1989 lieutenant examination was not solely a test of knowledge, a finding that is not clearly erroneous. … We find that the trial court was not clearly erroneous in accepting the testimony of Drs.

Alford Lee Cunningham v. Russell Jones, Jailer

567 F.2d 653 · Court of Appeals for the Sixth Circuit · Dec 6, 1977

The District Judge’s relevant findings of fact, which are based largely on the testimony of the Defendants, jailers, and which we accept as not clearly erroneous, are as follows: The Court finds from the evidence that the … These elementary principles establish the government’s obligation to provide medical care for those whom it is punishing by incarceration.

Lumbermens Mutual Casualty Company v. S-W Industries, Inc.

23 F.3d 970 · Court of Appeals for the Sixth Circuit · Apr 20, 1994

Blankenship did not "invent" or "recognize" a cause of action or "revoke" any employer's immunity, as the appellee-insurers contend. … The term "this endorsement" clearly applies to the single endorsement entitled "All States Endorsement," and embodies all of the limitations in that endorsement.

United States v. State of Tenn.

Court of Appeals for the Sixth Circuit · Aug 4, 2010

Accepting the allegations in the complaint, the district court held that the EMTs had violated the “decedent’s clearly established constitutional right to receive competent medical care while in custody.” Id. … The State has not put forward a single case or statute that could qualify as the significant change in law required to satisfy its initial burden under Rufo.

Armstrong v. Chemical Nat. Bank of New York

83 F. 556 · Court of Appeals for the Sixth Circuit · Dec 7, 1897

That Harper in this way succeeded in having the whole power of the board of directors delegated to him, in fact, is clearly manifest from what he did in the bank. … The grounds for an equitable estoppel, based on the delay in repudiating the loan, are clearly shown.

Lawrence Hill, (90-3923), Cross-Appellant (90-3826) v. Ronald C. Marshall, Terry Morris, (90-3803), Cross-Appellee

962 F.2d 1209 · Court of Appeals for the Sixth Circuit · Jul 23, 1992

The Committee was established by the Ohio legislature for the express purpose of making such reports. … Evidence relating to Ferguson’s misconduct was clearly quite relevant to Hill’s claim, and was in no way outweighed by *1215 any slight possibility of confusion claimed by Morris.

Carollton B. Darland v. Fortis Benefits Insurance Company

317 F.3d 516 · Court of Appeals for the Sixth Circuit · Jan 22, 2003

Further, the conclusions of the peer review panelists were clearly contradicted by the opinions of the physicians who actually examined and evaluated him. … established definitions of what constitutes a disability.