Case law

Hooks v. Hooks

771 F.2d 935 · Court of Appeals for the Sixth Circuit · Aug 23, 1985

He held that while Cornett would also be entitled to such immunity, the complaint failed to state a claim against Cornett since it did not allege any unlawful action by him (presumably because he did not participate in the … "If the question is whether an individual's contract with an out-of-state party alone can automatically establish minimum contacts in the other party's home forum, we believe the answer clearly is that it cannot."

Barnes v. Cavazos

966 F.2d 1056 · Court of Appeals for the Sixth Circuit · Jun 5, 1992

These administrative expenses associated with insuring Chapter 1 services reach qualified private school students without violating the Constitution are referred to as Felton costs. … if we were to join the other district courts to examine the effects of the provision on services to public school students under the ‘grossly disproportionate’ analysis, we would not be quick to find that the disparity clearly

TN Protection v. Wells

Court of Appeals for the Sixth Circuit · Jun 9, 2004

and establishing a definition based on functional limitations.” (III) Learning. … In adjudicating disability claims, we must respect the eligibility requirements established by Congress.

James W. King v. Hailey Chevrolet Company

462 F.2d 63 · Court of Appeals for the Sixth Circuit · Jun 16, 1972

Indiana Trailer’s agreement thus directly involved two Tennessee businesses and clearly had a realistic impact on the commerce of that state. … Appellee argues that it has no agents in Tennessee and is not qualified to do business there. It maintains that Hailey sought out its services.

Richard Davis v. Hartford Life & Accident Ins.

Court of Appeals for the Sixth Circuit · Nov 19, 2020

All told, the district court did not clearly err in finding that Hartford Life exercised its discretionary authority in terminating Davis’s benefits. … It was thus reasonable for Hartford Life to determine that Davis no longer qualified as disabled under the policy.

West Point Manufacturing Company v. Detroit Stamping Company

222 F.2d 581 · Court of Appeals for the Sixth Circuit · Apr 26, 1955

clearly indicated to the public that the clamps were manufactured by it, and were not the product of appellee’s manufacture. … “Unfair competition is not established by proof of similarity in form, dimensions, or general appearance alone.

Northland Family Planning Clinic, Inc. v. Michael A. Cox

487 F.3d 323 · Court of Appeals for the Sixth Circuit · Jun 4, 2007

went beyond the limitations established by the Supreme Court in Stenberg on a nearly identical issue. … The term apparently has no established medical definition.

Dana Nessel v. AmeriGas Partners

954 F.3d 831 · Court of Appeals for the Sixth Circuit · Mar 27, 2020

Instead, the Attorney General is authorized to bring this action in her capacity as a representative of the State through the statutory scheme established by the Michigan Legislature in the MCPA. See Mich. Comp. … And the statute’s substantive provisions, which loosened the diversity requirements from complete to minimal diversity for qualifying class actions, confirm this.

Henry Ford Health System (95-6173) v. National Labor Relations Board

105 F.3d 1139 · Court of Appeals for the Sixth Circuit · Feb 4, 1997

Although a pre-election agreement is a binding contract between the parties, see Dacas Nursing Support Sys., Inc., 7 F.3d at 513 , “[e]ven if the pre-election stipulation clearly indicates which employees are eligible to … Thus, even if an employer and a union agree that certain employees qualify as statutory guards, the legal standard ultimately controls that determination.

Alan P. Damiano (Certified Class Members) v. George G. Matish, International Union, Uaw, and Local 6000, Intervening

830 F.2d 1363 · Court of Appeals for the Sixth Circuit · Oct 8, 1987

This advanced reduction method is clearly a less burdensome method of accommodating non-union employees who do not wish to have service fees used for purposes other than collective bargaining. … The plaintiff argued that the use of a decisionmaker selected by the AAA from a panel of qualified labor arbitrators would not satisfy the requirement of an impartial decisionmaker because there existed a possibility of bias

Louis Briggs v. Katelyn Hogan

Court of Appeals for the Sixth Circuit · Apr 1, 2022

The pleadings therefore do not establish a malicious-prosecution claim under either § 1983 or Kentucky state law. … In the alternative, Briggs attempts to establish a failure-to-train Monell claim.

United States v. Derek Capozzi

723 F.3d 720 · Court of Appeals for the Sixth Circuit · Jul 26, 2013

Under § 3E1.1(a) of the Sentencing Guidelines, a defendant may receive a two-level decrease in his offense level if he “clearly demonstrates acceptance of responsibility.” U.S.S.G. § 3E1.1(a). … Under § 3E1.1(b), the defendant may receive an additional one-level decrease if: the defendant qualifies for a decrease under subsection (a), the offense level determined prior to the operation of subsection

Summit County Democratic Central & Executive Committee v. Blackwell

388 F.3d 547 · Court of Appeals for the Sixth Circuit · Nov 2, 2004

elector, who shall serve as challenger for such party or such candidates during the casting of the ballots, and one person, a qualified elector, who shall serve as witness during the counting of the ballots … But our standard of review clearly indicates that in cases where the evidence is “questionable,” we will defer to the reasoned discretion of the district court. The burden on the right to vote is evident.

Roncker ex rel. Roncker v. Walter

700 F.2d 1058 · Court of Appeals for the Sixth Circuit · Feb 23, 1983

It further requires states to establish “procedures to assure that, to the maximum extent appropriate, handicapped children, including children in public or private institutions or other care facilities, are educated with … These requirements clearly have been satisfied in this case.

Teamsters Local Union No. 89 v. Kroger Co.

617 F.3d 899 · Court of Appeals for the Sixth Circuit · Aug 25, 2010

Kroger first argues that the Letter of Understanding does not qualify as a “side agreement.” … Kroger next argues that, even if the Letter of Understanding is a side agreement, disputes concerning it do not qualify for arbitration under the scope test.

Amway Corp v. Procter & Gamble

Court of Appeals for the Sixth Circuit · Oct 8, 2003

purpose of establishing a privilege to publicize its content and then dropping the action. (See Comment c). … It also cites comment e, stating that “[t]he though accurate, did not qualify as a fair and true report publication . . . of the contents of preliminary pleadings such because it failed to present Amway

John C. Shimman v. International Union of Operating Engineers, Local 18

744 F.2d 1226 · Court of Appeals for the Sixth Circuit · Oct 1, 1984

Rich Co. and Vaughan as establishing the bad faith exception. … Even without the assistance of Scott , Shimman’s § 1985(3) claim was clearly foreclosed by Griffin .

Bowman v. Corr Corp of Amer

Court of Appeals for the Sixth Circuit · Nov 21, 2003

party must establish the degree of specificity and frequency There is no such error here. … only look at the first argument, for this issue is clearly moot inevitable result.

Graham Lynch v. ITT Educational Services, Inc.

571 F. App'x 440 · Court of Appeals for the Sixth Circuit · Jul 8, 2014

For claims based on circumstantial evidence, a plaintiff alleging that his termination was discriminatory must establish the following four elements: (1) he is a member of a protected class; (2) he is qualified for the … A full review of the record also establishes, as the district court found, that Lynch was fully qualified for the position at issue or – at a minimum – that his qualification to teach at ITT was a matter of disputed fact

Hodgson v. Local 1299

453 F.2d 565 · Court of Appeals for the Sixth Circuit · Dec 29, 1971

Therefore, the decision in the Local 6799 case clearly precludes litigation of this issue, and the Secretary has so conceded. … The evidence clearly was sufficient to support this finding