Case law

Michigan Gas Co. v. Federal Energy Regulatory Commission

115 F.3d 1266 · Court of Appeals for the Sixth Circuit · Jun 10, 1997

Standing “is a qualifying hurdle that plaintiffs must satisfy even if raised sua sponte by the court.” Community First Bank v. National Credit Union Admin., 41 F.3d 1050 , 1053 (6th Cir.1994). … Clearly, any competitive threat that BPW might pose to Mi-Gas in the future was not caused by the FERC orders authorizing construction of a delivery tap from one gas supplier to BPWs own pipeline.

Whitworth Brothers Storage Company v. Central States, Southeast & Southwest Areas Pension Fund

982 F.2d 1006 · Court of Appeals for the Sixth Circuit · Feb 16, 1993

It is optional for an employer to establish an ERISA qualifying pension plan. We want to encourage small and fledgling employers, such as Jamail, to provide benefit plans for their employees. … Under the circumstances, the fund clearly would be unjustly enriched if it retained these monies. 60 Id. at 1066.

Valentine v. United States

Court of Appeals for the Sixth Circuit · May 14, 2007

Because this court has held that certain instances of jury “re-instruction” and the reading of supplemental instructions to the jury qualify as “critical stages,” see, e.g., Caver v. … He clearly indicated he was an African- American. Clearly. But you had to be looking to see it. If you weren’t looking, you didn’t see it.

Samantha Foltz v. Comm'r of Soc. Sec.

Court of Appeals for the Sixth Circuit · Nov 8, 2023

The SSA found that R.B.K.F. did not qualify for SSI payments, and informed R.B.K.F. of its decision on April 10, 2020. … Substantial evidence supports the ALJ’s determination that R.B.K.F. does not qualify for SSI benefits. III.

Sutton v. Cleveland Board of Education

958 F.2d 1339 · Court of Appeals for the Sixth Circuit · Mar 19, 1992

United States or other person within the jurisdiction thereof” to pursue “an action at law [or] a suit in equity” against “[e]very person who, under color of” state law, causes “the deprivation of any rights, privileges, or immunities … They have thus prevailed upon a claim which established a right “secured by the constitution.” 42 U.S.C. § 1983 .

United States v. Innocent Tobi

960 F.2d 150 · Court of Appeals for the Sixth Circuit · Apr 17, 1992

960 F.2d 150 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished … Appropriate considerations in determining whether a defendant qualifies for an acceptance of responsibility reduction are "voluntary and truthful admission to authorities of involvement in the offense and related conduct.

Murphy v. International Union of Operating Engineers, Local 18

774 F.2d 114 · Court of Appeals for the Sixth Circuit · Sep 30, 1985

Finally, Murphy established that the Union improperly disciplined him for his alleged theft of an election control list. … Yet, the decision was quite clearly related to the enlargement of the injunctive relief previously entered by the court.

International Union, United Automobile, Aerospace And Agricultural Implement Workers Of America, Uaw And Its Local 647, Uaw v. General Electric Company, Inc.

474 F.2d 1172 · Court of Appeals for the Sixth Circuit · Mar 6, 1973

The backlog which the Memorandum of Settlement decided to deal with is clearly defined as "active grievances at 2nd, 3rd and 4th steps on December 4, 1966." … While the contract contains a fairly elaborate arbitration clause, it clearly does not provide for compulsory arbitration of all grievances or for that matter for an absolute no strike clause.

United States v. Kevin B. Layne, William Burton Carroll

23 F.3d 409 · Court of Appeals for the Sixth Circuit · Apr 19, 1994

The government established a proper foundation for admission of the record, and no evidence was offered to put the capabilities of the computer equipment into question. … The sentencing court's determination that the conduct of these defendants involved more than minimal planning is a finding of fact that can be set aside only if we conclude that it was clearly erroneous.

United States v. James Wiley Craft

105 F.3d 1123 · Court of Appeals for the Sixth Circuit · Feb 3, 1997

But the effort to appeal to this Court in order to get a ruling that Kentucky law would allow the backdating of documents to qualify the administratrix and save the wrongful death action came after the alleged obstruction … The point is that the object of the conspiracy is a fact which needs to be established by the evidence.

Leslie Nolan v. Detroit Edison Co.

991 F.3d 697 · Court of Appeals for the Sixth Circuit · Mar 23, 2021

ERISA § 204(b)(1)(H)(vi)(5)(B)(iii); see also Amara, 775 F.3d at 527 n.13. 3The A+B Promise is not always clearly defined in the Complaint. … “Although state law sets the length of the statute of limitations, ‘federal law’ establishes when ‘the statute of limitations begins to run.’” Winnett, 609 F.3d at 408 (quoting Mich.

Avelino Martinez v. United States

793 F.3d 533 · Court of Appeals for the Sixth Circuit · Jul 10, 2015

The uncontested evidence below established that Petitioner’s family in Santa María Natividad was never informed of the warrant for his arrest. … But that proposition is clearly wrong given that we are sitting in habeas review of just such a decision in this case.

Earl Patton Coal Company v. Patton

848 F.2d 668 · Court of Appeals for the Sixth Circuit · Mar 29, 1988

The three regulations clearly preclude duplicate consideration of claims, and recognize a claimant's statutory right to select review by either the S.S.A. or the Department of Labor. … because he was president and owner of the company; (3) that the employer's evidence of other medical ailments did not rebut evidence that he was partially disabled by breathing problems, the evidence consisting of four qualifying

Lundgren v. Mitchell

Court of Appeals for the Sixth Circuit · Mar 13, 2006

Washington, 466 U.S. 668 (1984), and “[i]t is past question that the rule set forth in Strickland qualifies as clearly established Federal law, as determined by the Supreme Court of the United States.” … So the relevant question is not whether the state court’s decision was wrong, but whether it was an unreasonable application of clearly established federal law.”). 3.

Northcross v. Board of Education

611 F.2d 624 · Court of Appeals for the Sixth Circuit · Nov 23, 1979

For the same reason, as we established in Oliver v. … Thus their entitlement to fees on this account is clearly demonstrated.

Sally Doe v. Metro. Gov't of Nashville & Davidson Cnty.

35 F.4th 459 · Court of Appeals for the Sixth Circuit · May 19, 2022

To hold MNPS is immune from liability as long as no student is assaulted twice, regardless of its indifference to widespread instances of sexual harassment across its schools, would defeat Title IX’s purpose of eliminating … The district court did not err in finding that Jane Doe could not establish her Title IX “after” claim under Kollaritsch.

Cavanaugh v. Cardinal Loc School

Court of Appeals for the Sixth Circuit · May 18, 2005

To qualify for funds under the IDEA, a State must demonstrate that it has in effect a policy that assures all disabled children the right to a free 1 No. 03 … We clearly have jurisdiction over the appeal brought on his behalf, and will require only that the Cavanaughs obtain counsel if they choose to pursue his appeal.

Katherine Russell v. Christopher Davis

522 F. App'x 314 · Court of Appeals for the Sixth Circuit · Apr 10, 2013

The defendants filed a motion for summary judgment on grounds that no constitutional violation occurred and that alternatively they were protected by qualified immunity. … QUALIFIED IMMUNITY CLAIMS Russell argues that, because they had been informed that Miller was likely to commit suicide, Officer Davis and Sergeant Brophey had a duty to take precautions to prevent an in-custody

Melvin Kindle v. City of Jeffersontown, KY

589 F. App'x 747 · Court of Appeals for the Sixth Circuit · Oct 16, 2014

immunity; and (4) the First -4- No. 13-6394 Kindle, et al. v. … immunity question; and (4) the Commission was a necessary party and should not have been dismissed as an entity that could not be sued.

United States v. Bullock

Court of Appeals for the Sixth Circuit · May 22, 2008

Rather, a district court can only apply the enhancement if the government “establish[es], by a preponderance of the evidence, a nexus between the firearm and an independent felony.” United States v. … qualifying federal offense of threatening to kill a Member of the United States Congress.