Case law

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

Mining MacHinery, Inc. v. Copley

145 F. App'x 149 · Court of Appeals for the Sixth Circuit · Aug 16, 2005

The trial court does not have a duty to search the entire record to establish that it is bereft of any genuine issue of material fact. In re Morris, 260 F.3d 654, 665 (6th Cir. 2002). … In support of their argument, Appellants contend that, while the Service Agreement between Appalachian and MMI clearly contemplates that MMI could engage subcontractors, MMI did not abide by the contract provisions pertaining

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

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).

Brittingham v. General Motors Corp.

526 F.3d 272 · Court of Appeals for the Sixth Circuit · May 16, 2008

To succeed on a negligence claim under Ohio law, a plaintiff must establish the existence of a duty, a breach of that duty, and causation of an injury. See Menifee, Adm’x v. … We agree with the district court that if the claim is limited to the time “before and after employment,” it is clearly not preempted. J.A. at V. I, p. 80.

Michigan Bell Telephone Co. 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. … However, as state commissions have emphasized, they have Eleventh Amendment immunity against state law claims brought in federal court. Pennhurst State Sch. & Hosp. v.

Edward Lang v. David Bobby

889 F.3d 803 · Court of Appeals for the Sixth Circuit · May 11, 2018

In this case, the state court’s rulings were not contrary to clearly established federal law. … The state court’s decision was not contrary to or an unreasonable application of clearly established law.

Roetter v. Michigan Department of Corrections

456 F. App'x 566 · Court of Appeals for the Sixth Circuit · Jan 23, 2012

Roetter could not establish that he was otherwise qualified to serve as an MDOC food services leader with the previously approved accommodation of working at night. … His job description, as attached to the MDOC’s motion for summary judgment, clearly establishes that security duties were part of his employment and thus an essential function.

Gottfried Kellerman v. Eric H. Holder

Court of Appeals for the Sixth Circuit · Jan 25, 2010

Kellermann committed fraud, his convictions cannot be deemed to qualify as CIMTs based on this record. … The indictment clearly shows that the petitioner was convicted of crimes that contained the element of fraud.

United States v. Forrest

Court of Appeals for the Sixth Circuit · Mar 30, 2005

To establish an equal protection violation under Batson, “the claimant must first establish a prima facie case of racial discrimination. … If the claimant establishes a prima facie case, the party exercising the peremptory must proffer a race-neutral explanation.

In Re April 1977 Grand Jury Subpoenas. General Motors Corporation v. United States

584 F.2d 1366 · Court of Appeals for the Sixth Circuit · Sep 7, 1978

Litton Industries, Bethlehem Steel, and the National Council of Churches, among other well-established groups, have joined the call for grand jury reform. The grand jury needs attention. … If he refuses to testify after receiving immunity, he subjects himself to imprisonment without trial.

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.

Benefits Committee Of Saint-Gobain Corporation v. Key Trust Company Of Ohio, N.A.

313 F.3d 919 · Court of Appeals for the Sixth Circuit · Feb 11, 2003

This section of the Regulations does not establish a per se prohibition against exempt loan prepayments by an ESOP. … Such termination was a business decision clearly within its discretion. See Akers v. Palmer, 71 F.3d 226, 231 (6th Cir.1995) ("[The] decision to terminate the ESOP... is considered to be a `pure business decision.'").

United States v. Abdul-Aziz Rashid Muhammad

948 F.2d 1449 · Court of Appeals for the Sixth Circuit · Oct 30, 1991

It is clearly established that “the Interstate Agreement on Detainers does not apply to a person who is imprisoned awaiting disposition of pending charges and who has not been sentenced to a term of imprisonment.” … On cross-examination, defense counsel sought to establish various theories as to why Officer Stanton was mistaken.

United States v. Partridge

17 F. App'x 274 · Court of Appeals for the Sixth Circuit · Aug 16, 2001

First, findings of fact are reviewed under a clearly erroneous standard. See id. … Probation Office’s conclusion that “[sjince the defendant proceeded to jury trial and still maintains his innocence, he does not qualify for an adjustment for acceptance of responsibility.”

9 Fair empl.prac.cas. 180, 9 Empl. Prac. Dec. P 9907 Dolores Marie Meadows, Cross-Appellee v. Ford Motor Company, Cross-Appellant, Local 862, International Union, United Automobile, Aerospace and Agriculturalimplement Workers of America, and International Union, United Automobile,aerospace and Agricultural Implement Workers of America

510 F.2d 939 · Court of Appeals for the Sixth Circuit · Jan 24, 1975

We find no justification whatever for attributing to Congress such a casuistic withdrawal of the authority which, but for the illustration, it clearly has given the Board. … That is, the City must show that the person actually hired was on the whole better qualified for the job.'

Leelanau Wine Cellars, Ltd. v. Black & Red, Inc.

502 F.3d 504 · Court of Appeals for the Sixth Circuit · Sep 20, 2007

A so-called “generic” mark may never qualify for trademark protection. 4 Id. … Moreover, the court did not set forth any rule establishing the more deconstructed approach LWC recommends.

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).

United States v. Michael A. Robinson

390 F.3d 853 · Court of Appeals for the Sixth Circuit · Dec 2, 2004

“Mere cessation of activity is not sufficient” to establish withdrawal from a conspiracy, Lash, 937 F.2d at 1083 , and a defendant’s arrest or incarceration does not qualify as an affirmative, volitional act of withdrawal … Although defense counsel argued that this did not establish Robinson’s voluntary absence from the sentencing hearing, the district court held otherwise, and this determination was not clearly erroneous.

Beck v. Cleveland Police

Court of Appeals for the Sixth Circuit · Nov 12, 2004

Clearly, compensatory time is not envisioned as a means to avoid overtime compensation. It is merely an alternative method of meeting that obligation. … If implemented, [the officer’s] proposed construction would remove the flexibility and control from the county that is clearly contemplated by the FLSA.” 368 F.3d at 1090.