Case law

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.

Food Centers, Inc. v. Block

786 F.2d 751 · Court of Appeals for the Sixth Circuit · Mar 27, 1986

In contrast, under the USDA's own regulations, D & W's operation apparently continues to qualify as a "retail" establishment in terms of quantities prepared and sold. 4 While surely D & W makes more pizzas at its central … No principle of law is better established than the necessity of the criminal law speaking clearly. Accordingly, courts are bound to construe narrowly the applicability of any criminal statute. E.g., United States v.

United States v. Lance Tobias

101 F.4th 473 · Court of Appeals for the Sixth Circuit · May 13, 2024

Tobias consequently qualified for a ten-year mandatory minimum under 21 U.S.C. § 841(b)(1)(B). … The district court here clearly erred when it failed to calculate Tobias’s Guidelines range before it imposed a ten-year sentence and $100,000 fine.

Timothy W. Black and Thomas K. Sorge v. Surface Transportation Board and United States of America, Grand Trunk Western Railroad, Intervenor

476 F.3d 409 · Court of Appeals for the Sixth Circuit · Feb 9, 2007

Working Agreement at a time that a B.R.C. protected employee who is qualified ... for such position is receiving protection compensation as a furloughed employee.” JA 183 (Agreement H, Section 1(1)). … The Board also held that Agreement H “clearly contemplated that an employee receiving protection will lose that protection if he refuses to accept a reasonably comparable position,” JA 13, and that the Extra Board Agreement

United States v. David Brown

Court of Appeals for the Sixth Circuit · Aug 26, 2009

Brown Page 13 [among the circuits] is . . . how many of [Dost] factors must be present in an image for it to qualify as ‘lascivious’”). … The use of the word “intended” seems to establish that the subjective intent of the photographer is relevant. See United States v. Williams, 128 S.

Doris Leigh, Brenda Wilkins v. Bureau of State Lottery Michael J. Carr Libby Ballard Bruce McComb William M. Nugent

876 F.2d 104 · Court of Appeals for the Sixth Circuit · Jun 13, 1989

court's basis for granting summary judgment--that appellant failed to establish a prima facie case--cannot be supported because her prima facie case clearly is established by the evidence. … The district court ruled that the plaintiff failed to establish a prima facie case because she did not prove she was qualified for the position of Promotional Agent V.

Cherokee Textile Mills v. Commissioner

160 F.2d 685 · Court of Appeals for the Sixth Circuit · Mar 24, 1947

For further support of the proposi *689 tion that complete compliance with the rigid requirements of the statute and Treasury Regulations pertaining to the recovery of processing taxes is necessary to qualify the taxpayer … All evidence relied upon in support of such claim shall be clearly set forth under oath. * * *” Inasmuch as the findings and opinion of the Tax Court had not been published in its official reports when this case was argued

Todor D. Alexandrov v. Alberto Gonzales, Attorney General of the United States

442 F.3d 395 · Court of Appeals for the Sixth Circuit · Apr 4, 2006

Alcorn noted that the documents very clearly note that “Nikolov” was the translator of the document and did not appear to be the judge who signed the document. … Ashcroft, 366 F.3d 407, 409 (6th Cir.2004), and this Court affirms an immigration court’s decision that a petitioner has failed to establish eligibility for asylum if it is “supported by reasonable, substantial, and probative

Bennett v. Batchik

936 F.2d 572 · Court of Appeals for the Sixth Circuit · Jun 24, 1991

A judge acts in the clear absence of all jurisdiction only if the matter upon which he or she acts is clearly outside the subject matter of the court over which he or she presides. … Jones, liability under section 1983 cannot be established on the basis of respondeat superior.

Sebest v. Campbell City School District Board of Education

94 F. App'x 320 · Court of Appeals for the Sixth Circuit · Apr 8, 2004

To recover on an ADA claim, an individual must establish that he or she was a qualified individual with a disability at the time of the discriminatory act. Kocsis v. … Clearly Sebest’s impairment does not render him unable to breathe.

Kevin Gillan v. Calvin Edwards

780 F.2d 1021 · Court of Appeals for the Sixth Circuit · Nov 4, 1985

Blum, 643 F.2d 68, 83 (2d Cir. 1981). 6 The gravamen of the plaintiffs' suit regarding the unfair enforcement of rules respecting the processing and filing of administrative complaints also clearly concern the type of "judgment … Given this reasonable relationship, it is likewise clear that the individual defendants are entitled to qualified immunity as their alleged conduct would not have violated "clearly established statutory or constitutional

Tata Consultancy Services, a Division of Tata Sons Ltd. v. Systems International, Inc., D/B/A Syntel, Inc.

31 F.3d 416 · Court of Appeals for the Sixth Circuit · Aug 8, 1994

Judge O’Hara’s quarrel was clearly not with the established law, but with what he perceived to have been a misapplication of the law in a fluid situation where competitive bidding was entirely proper. … the Jim-Bob court, “[T]he fact that certain actions are taken with the intent that they inure to the personal or pecuniary benefit of the defendant cannot, per se, in our view, weave a broad and impenetrable blanket of immunity

Daniel C. Greer v. United States

207 F.3d 322 · Court of Appeals for the Sixth Circuit · Mar 22, 2000

In this case, Greer alleges that his underlying claim was wrongful discharge, which is a clearly recognized tort claim under Kentucky law. See Firestone Textile Co. Div. v. Meadows, 666 S.W.2d 730, 733 (Ky. 1983). … The new position was one for which he was ill-qualified technically, and after some time, the post demanded little responsibility from Greer for the $100,000-plus salary it paid him.

Stewart v. Blackwell

Court of Appeals for the Sixth Circuit · Apr 21, 2006

Gore, 531 U.S. 98 (2000),8 which reiterated long established Equal Protection principles. … Ohio, 193 F.3d 389 (6th Cir. 1999), as establishing the relevant framework for this Court’s analysis.

Parry v. Mohawk Motors of Michigan, Inc.

236 F.3d 299 · Court of Appeals for the Sixth Circuit · Dec 29, 2000

To establish a prima facie case, Plaintiff must show that (1) he was “disabled” under the ADA, (2) he was otherwise qualified to perform the essential functions of the job; (3) he suffered adverse employment action; and ( … We find that Plaintiff has failed to establish the first and fourth elements of a prima facie case. First, Plaintiff has failed to establish that he was or is “disabled” under the ADA.

Miller v. Alldata Corp.

14 F. App'x 457 · Court of Appeals for the Sixth Circuit · Jul 6, 2001

was qualified for her position; and (4) was replaced by a person outside of the protected class. … Evidence of her employment history with Mitchell Corporation suggests, and Alldata does not dispute, that she was qualified for her Alldata sales management position.

Fred L. Anderson v. Charles E. Slater

895 F.2d 1412 · Court of Appeals for the Sixth Circuit · Feb 16, 1990

895 F.2d 1412 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 … Forsyth, 472 U.S. 511, 530 (1985) (the denial of qualified immunity, to the extent it turns on a question of law, may also be appealed immediately). 11 It is well-established that a judge is immune from suit for "judicial

Howard v. United States

533 F.3d 472 · Court of Appeals for the Sixth Circuit · Jul 22, 2008

In that decision, we suggested that convictions for the violation of former § 2925.03(A)(4) of the Ohio Code, such as Howard's, do not qualify as predicate "controlled substance offenses." Id. at 491-93. … Yet it appears clearly that this is just such a case.

Fortunato Martinez-Garcia v. Todd Blanche

Court of Appeals for the Sixth Circuit · May 18, 2026

However, the IJ ultimately concluded that Martinez-Garcia failed to establish that his qualifying relatives, -2- No. 25-3879, Martinez-Garcia v. … The IJ also clearly analyzed the proper law correctly.

United States v. Algimantas M. Dailide

316 F.3d 611 · Court of Appeals for the Sixth Circuit · Jan 15, 2003

He established residence in Germany, where he met his wife, settled down, and lived until 1950. In that year, he applied for emigration to the United States. … First, he had to qualify as a refugee with the International Refugee Organization (IRO). IRO Constitution, 62 Stat. 3037 , 3051 (1948).