Case law

Dorothy Floyd v. United States Postal Service, Donald Harants, Postmaster

105 F.3d 274 · Court of Appeals for the Sixth Circuit · Mar 4, 1997

If the language of the statute is unambiguous, absent a clearly expressed legislative intent to the contrary, the language of the statute is ordinarily conclusive. Reves v. … By qualifying the clause to say that the offending statutes will not have further effect after the rule takes effect, the provision requires that the offending statute have some effect before the rule's enacting date.

United States v. Hamad

Court of Appeals for the Sixth Circuit · Jul 19, 2007

Florida, 430 U.S. 349, 362 (1977) (plurality) (qualifying Williams v. … Because Rule 32 does not clearly state that a district court sua sponte may depart upward from an applicable Guidelines sentencing range without providing notice to the defendant we decline to impute such an intention to

Natalie Qandah v. Johor Corporation

Court of Appeals for the Sixth Circuit · Jan 24, 2020

If that party succeeds, the burden of production shifts to the party opposing immunity to establish that one of the FSIA exceptions apply. Id. … that party establishes a prime facie case, the burden of production shifts to the party opposing FSIA immunity to show an exception applies. Id.

The B. F. Goodrich Company v. Department of Transportation, Uniroyal, Inc. v. Department of Transportation

541 F.2d 1178 · Court of Appeals for the Sixth Circuit · Oct 8, 1976

Section 203, of course, specifically provides for establishment of the uniform quality grading system “through standards established under subchapter I of this chapter.” … Hence, *1204 UTQGS does not qualify as a major proposal and an inflationary impact statement is not required. .

Phillips v. Sec Dept Defense

329 F. App'x 577 · Court of Appeals for the Sixth Circuit · May 5, 2009

In a disparate impact case, a trial court’s findings of fact should stand unless clearly erroneous. Id. … believed themselves to be qualified.

44 Fair empl.prac.cas. 418, 43 Empl. Prac. Dec. P 37,234, 45 Empl. Prac. Dec. P 37,658 Frederick C. Simpson, Cross-Appellant v. Midland-Ross Corporation, Cross-Appellee

823 F.2d 937 · Court of Appeals for the Sixth Circuit · Sep 9, 1987

performance was not evaluated because his supervisors did not take into account his work on Nelson Metals. 4 Simpson also claimed that he was replaced by a 39-year old who did not perform as well as he had, although the record clearly … Diamond Shamrock Corp., 670 F.2d 66, 70 (6th Cir.1982). 5 18 Bearing in mind the admonition of Laugesen and despite our skepticism that Simpson established a prima facie case, we recognize that the central issue is whether

Charles Wesley and the Natural Rights Center v. David A. Collins, Coordinator of Elections and W.J. Michael Cody, Attorney General of Tennessee

791 F.2d 1255 · Court of Appeals for the Sixth Circuit · Jun 5, 1986

The Voting Rights Act secures not only the opportunity for all qualified citizens to cast their ballot, but also guarantees that an individual’s vote will not be diluted. White v. … It would clearly violate the Act for a jurisdiction to promote class-based malapportionment by creating electoral districts with smaller populations in areas with majority voters, and with larger populations in areas with

United States v. Keith Sherlin (94-6111) and Tracy Teague (94-6112)

67 F.3d 1208 · Court of Appeals for the Sixth Circuit · Oct 18, 1995

Ellis Hall was clearly a “building,” and the evidence adduced at trial was more than sufficient to establish that Ellis Hall was used in an activity affecting interstate commerce. At trial, Dr. … The evidence in question clearly fit within the confines of Rule 608(b).

Scot Gaither v. Tim Lane

Court of Appeals for the Sixth Circuit · Mar 12, 2026

And we review “questions of fact under the clearly-erroneous standard.” Id. … Gaither doesn’t argue that he qualifies for those limited circumstances.

Leon Robins v. James Fortner

698 F.3d 317 · Court of Appeals for the Sixth Circuit · Oct 17, 2012

The relevant, clearly established federal law in this case was established in the Supreme Court’s decision in Strickland v. … The state appellate court’s decision does not contradict or unreasonably apply clearly established federal law, nor is it based on an unreasonable determination of facts.

Ackley ex rel. Ackley v. Wyeth Laboratories, Inc.

919 F.2d 397 · Court of Appeals for the Sixth Circuit · Nov 26, 1990

Appellants have not established the existence of a genuine issue of fact over whether the alternatives are as effective as the whole cell design. … Should such reactions occur, further immunization against pertussis is contraindicated. (footnote omitted).

Zeeshan Shaikh v. Lincoln Memorial University

608 F. App'x 349 · Court of Appeals for the Sixth Circuit · Apr 27, 2015

To establish that he was dismissed from an academic program in violation of the ADA or Rehabilitation Act, a plaintiff must show that (1) he is handicapped or disabled, (2) he is “otherwise qualified” to continue in the … “A plaintiff asserting a violation of the ADA or Rehabilitation Act bears the burden to establish that he is qualified.” Halpern v. Wake Forest Univ. Health Scis., 669 F.3d 454, 462 (4th Cir. 2012).

Bryant v. Carlisle

905 F.2d 1537 · Court of Appeals for the Sixth Circuit · Jun 18, 1990

The defendants were dismissed from the action on grounds of sovereign immunity, failure to effect service, and failure to state a claim. … Further, an order granting absolute or qualified immunity is not immediately appealable. Coe v. Ziegler, 817 F.2d 29 (6th Cir.1987) (per curiam).

Tinsley v. Million

Court of Appeals for the Sixth Circuit · Feb 22, 2005

Tinsley offers no legal support for the theory that this qualifies as testimony on the ultimate issue for the jury to decide, much less authority establishing that the Kentucky court’s conclusion is contrary to clearly established … Op. at 6, by itself does not establish a fair-cross-section violation, much less establish that the state courts clearly erred in rejecting this claim for lack of prejudice.

Benton Benalcazar v. Genoa Twp., Ohio

Court of Appeals for the Sixth Circuit · Jun 10, 2021

While there is some uncertainty about the scope of the district court’s order granting the intervenors’ motion to intervene, that order clearly permitted a challenge to the consent decree (via the motion to dismiss argument … Recall the statutory language that qualifies the referendum right with authority to obtain a consent decree or settlement that pulls back on the result of any zoning referendum.

Michael F. Hahn and Marie Hahn v. Star Bank

190 F.3d 708 · Court of Appeals for the Sixth Circuit · Sep 2, 1999

Section 1985(2) relates to conspiracies to interfere with the administration of justice in federal courts, and is clearly inapplicable. … establish a procedural due process claim pursuant to § 1983, plaintiffs must establish three elements: (1) that they have a life, liberty, or property interest protected by the Due Process Clause of the Fourteenth Amendment

Elmer Joseph Scharfenberger, Cross-Appellee v. John W. Wingo and Jerry L. Wilson, Cross-Appellants

542 F.2d 328 · Court of Appeals for the Sixth Circuit · Oct 21, 1976

But where the circumstances are clearly sufficient to indicate the need of medical attention for injury or illness, the denial of such aid constitutes the deprivation of constitutional due process. Hughes v. … The court disregarded the testimony of inmate Maples, who said that he asked Wingo to remove Scharfenberger for treatment, because Maples was not qualified to give medical advice.

Kentucky Right To Life, Inc. v. Terry

108 F.3d 637 · Court of Appeals for the Sixth Circuit · Mar 7, 1997

This exception properly applies only when a recalcitrant legislature clearly intends to reenact the challenged regulation. … provided, in relevant part, that: A slate of candidates for Governor and Lieutenant Governor ... may receive contributions from permanent committees which, in the aggregate, shall not exceed twenty-five percent (25%) of the qualifying

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. … 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.

Helwig v. Pennington

30 F. App'x 516 · Court of Appeals for the Sixth Circuit · Feb 27, 2002

Supporting a political candidate clearly falls within the scope of political association intended by the First Amendment. Id. … These qualify as adverse employment actions. Id. *520 3.