Case law

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  • Spees v. James Marine, Inc.

    617 F.3d 380 · Court of Appeals for the Sixth Circuit · Aug 10, 2010

    It further determined that, although Spees established a prima facie case of discrimination regarding her termination, she was unable to show that JMI’s proffered justification for the firing—Dr. … And although Spees testified that she found the tool-room work to be as physically demanding as welding, both parties *399 clearly considered it to be light-duty work.

    Cited 147 timesPublished
  • National Labor Relations Board v. Bill Daniels, Inc. National Labor Relations Board v. Gilbert Motor Sales, Inc

    202 F.2d 579 · Court of Appeals for the Sixth Circuit · Mar 17, 1953

    It purports to reach only what may be deemed to burden or obstruct that commerce and, thus qualified, it must be construed as contemplating the exercise of control within constitutional bounds.” … The sales contract, which expressly declares that the dealer is independent in his operations, does not establish a relationship of principal and agent. Burkhalter v.

    Cited 8 timesPublished
  • Paul v. Kaiser Foundation Health Plan

    701 F.3d 514 · Court of Appeals for the Sixth Circuit · Dec 11, 2012

    Plaintiff was thus placed on medical leave of absence and was invited to apply for other available positions for which she might be qualified. … Yet, Kaiser has the burden of establishing preemption. No. 11-4217 Paul v. Kaiser Found.

    Cited 55 timesPublished
  • International Union, United Automobile, Aerospace and Agricultural Implement Workers of America-Uaw and Uaw Local 155 v. Lasalle MacHine Tool, Inc.

    696 F.2d 452 · Court of Appeals for the Sixth Circuit · Dec 29, 1982

    Both letters contained the following language: It is the intention of La Salle Machine Tool to have machining performed by qualified companies at a competitive price. … We conclude that the dispute between the parties is clearly capable of repetition.

    Cited 21 timesPublished
  • United States v. Rejon Taylor

    814 F.3d 340 · Court of Appeals for the Sixth Circuit · Feb 11, 2016

    Cunningham was not qualified to give some of the testimony. For these reasons Dr. … At the time of trial, each crime qualified as a crime of violence as a matter of law under § 924(c)(3)(B), the italicized clause above.

    Abrogated on other grounds by United States v. Frank Richardson, 948 F.3d 733 (2020)Cited 100 timesPublished
  • The United States of America v. Benjamin Levinson, Franklin Mortgage Corporation, Edward P. Strang, Jr., Ross Howard

    405 F.2d 971 · Court of Appeals for the Sixth Circuit · Dec 30, 1968

    It relieves the VA of the necessity of making a detailed and lengthy study of the loan application to see if it qualifies for a guaranty. … As indicated above such evidence was clearly admissible.

    Cited 93 timesPublished
  • Richard Lee Helzer, v City of Alpena County of Alpena, a Municipal Corporation Theodore O. Johnson, Magistrate of the City and County of Alpena

    884 F.2d 579 · Court of Appeals for the Sixth Circuit · Aug 24, 1989

    884 F.2d 579 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 … On appeal, Helzer contends only that the defendant judge is entitled only to qualified immunity. Upon consideration, we conclude that the complaint was properly dismissed.

    Cited 0 timesUnpublished
  • Hallison H. Young, Frederick A. Patmon, Patmon, Young and Kirk, and Patmon and Young v. Patricia J. Boyle, (84-1284) and Bonnie Burks, (84-1287)

    765 F.2d 147 · Court of Appeals for the Sixth Circuit · May 13, 1985

    The order granted a protective order and continued a stay of the district court proceedings except for action regarding the issue of qualified judicial immunity. … Here the district court did allow further proceedings regarding the issue of qualified official immunity. So the stay did not amount to dismissal of the underlying suit.

    Cited 0 timesUnpublished
  • Dyke v. Dyke

    227 F.2d 461 · Court of Appeals for the Sixth Circuit · Dec 1, 1955

    Ballou, who conceded that, when the mother brought the insured to him, he was not qualified to make a psychiatric examination. … We think Judge Taylor was clearly right. He adhered to the principles of the federal decisions. In Clearfield Trust Co. v.

    Cited 10 timesPublished
  • Linda Stermer v. Millicent Warren

    959 F.3d 704 · Court of Appeals for the Sixth Circuit · May 15, 2020

    This framework provides the “clearly established Federal law” used to assess a state court’s decision under 28 U.S.C. § 2254(d). Parker v. Matthews, 567 U.S. 37, 45 (2012) (per curiam). … This is because “circuit precedent does not constitute ‘clearly established Federal law, as determined by the Supreme Court,’ [and] therefore cannot form the basis for habeas relief under AEDPA.” Id.

    Cited 204 timesPublished
  • United States v. Lynn Michael LaVictor

    848 F.3d 428 · Court of Appeals for the Sixth Circuit · Feb 3, 2017

    LaVictor concedes that sufficient evidence exists in order to establish that the prior acts transpired. … LaVictor now argues that the government failed to establish an anal injury or penetration. However, the record belies this argument.

    Cited 157 timesPublished
  • United States v. Veach

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

    The record establishes that Veach’s automobile was involved in a collision with another vehicle in Cumberland Gap National Historic Park. … Pursuant to the provisions of § 4B1.1(a) of the United States Sentencing Guidelines, a defendant will qualify as a “career offender” if: (1) the defendant was at least eighteen years old at the time the defendant committed

    Cited 0 timesPublished
  • Cohn v. Bracy

    28 F.3d 1213 · Court of Appeals for the Sixth Circuit · Jul 6, 1994

    immunity. … These claims are not barred by defendants' immunity. See Supreme Court of Virginia v.

    Cited 1 timesUnpublished
  • Blankenship v. Secretary of Health & Human Services

    858 F.2d 1188 · Court of Appeals for the Sixth Circuit · Oct 6, 1988

    However, because the district court’s findings do not clearly establish an adequate factual predicate for the relief it has ordered, we leave the issue of whether Day precludes classwide notice relief for another day, and … If you do not have an attorney, free legal services may be available if you qualify for them due to financial need.

    Cited 1 timesPublished
  • Hybud Equipment Corp. v. City Of Akron

    654 F.2d 1187 · Court of Appeals for the Sixth Circuit · Jul 17, 1981

    The policy question here, in our judgment, is debatable and should not be taken out of municipal hands by federal courts in the absence of congressional intent clearly expressed. 43 Accordingly, the judgment of the District … State L.J. 305; Thomas, City of Lafayette's State Action Test Reformulated: A Meaningful Standard of Antitrust Immunity for Cities, 1980 Ariz. State L.J. 345

    Vacated on other grounds by Hybud Equipment Corp. v. City of Akron, 455 U.S. 931 (1982)Cited 10 timesPublished
  • Fabio Diaz v. John Rojeski, Michael Eagen

    911 F.2d 731 · Court of Appeals for the Sixth Circuit · Aug 23, 1990

    immunity. … The court ultimately granted Rojeski summary judgment on the false arrest claim, finding that Rojeski was entitled to qualified immunity on the claim because a reasonably competent police officer would have concluded that

    Cited 0 timesUnpublished
  • Evans v. Pearson Enterprises, Inc.

    434 F.3d 839 · Court of Appeals for the Sixth Circuit · Jan 19, 2006

    Evans established her own revocable trust in 1995. The res of the revocable trust is Class B nonvoting stock in Ervin Industries. … After the district court had denied a clearly presented motion for leave to amend, Evans buried her subsequent requests for leave in her responses to the defendants’ motions.

    Cited 21 timesPublished
  • John W. Byrd, Jr. v. Terry L. Collins, Warden

    209 F.3d 486 · Court of Appeals for the Sixth Circuit · Apr 6, 2000

    We hold that it clearly does. B. … These statements clearly refer to the sentence Armstead received on March 15, 1983, following his guilty plea. .

    Superseded by statute, as recognized in Douglas Stewart v. O'Bell "Tom" WinnCited 529 timesPublished
  • John J. Glennon, Jr. v. Dean Witter Reynolds, Inc.

    83 F.3d 132 · Court of Appeals for the Sixth Circuit · Jul 15, 1996

    Rather, the decision must fly in the face of clearly established legal precedent.” Merrill Lynch, Pierce, Fenner & Smith, 70 F.3d at 421 (citation omitted). … (assuming that under New York law the Form U-5 is entitled to only a qualified privilege), cert. denied, 502 U.S. 942 , 112 S.Ct. 380 , 116 L.Ed.2d 331 (1991).

    Cited 69 timesPublished
  • Jason Holsapple v. Troy Cunningham

    Court of Appeals for the Sixth Circuit · Jun 2, 2020

    did not establish that he was “qualified” for the job. … Having found no constitutional violation committed by Cunningham, the court need not address whether Cunningham possessed qualified immunity, nor whether Bay County is liable as a municipality under Monell v.

    Cited 0 timesUnpublished

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