Case law

United Ass'n of Journeymen & Apprentices of the Plumbing & Pipefitting Industry, Local No. 577 v. Ross Bros. Construction Co.

191 F.3d 714 · Court of Appeals for the Sixth Circuit · Sep 17, 1999

Pursuant to the NIMA, Local 577 agreed to refer qualified Union members to Ross Brothers and the other contractors, and the contractors agreed to “pay wages and benefits according to the agreement in effect between local … A review of well-established arbitration principles shows that this argument is equally unavailing.

Midmichigan Regional Medical Center - Clare v. Professional Employees Division of Local 79, Service Employee International Union, Afl-Cio

183 F.3d 497 · Court of Appeals for the Sixth Circuit · Jul 12, 1999

United Steelworkers, 720 F.Supp. 583, 585-86 (E.D.Mich.1989) (citing Michigan statutes that establish this policy). … First, the arbitrator noted that Krantz appeared to be “a conscientious, qualified registered nurse who can carry on her duties and classification.” J.A. at 241 (Arb.Deeision).

United States v. Alex G. Merklinger

16 F.3d 670 · Court of Appeals for the Sixth Circuit · Feb 3, 1994

The two mailings from Nishiguchi were clearly in furtherance of the government’s investigation in order to defeat any fraudulent scheme, and so were in conflict with Defendant’s scheme. … On the other hand, the two wire transmissions from Defendant to Nishiguchi clearly were in furtherance of Defendant’s scheme.

United States v. Taniguchi

49 F. App'x 506 · Court of Appeals for the Sixth Circuit · Oct 11, 2002

The office in question may have had a separate entrance from the Red Zone, but it clearly served as the center for the business and accounting records of the club. … Application Note Two states: To qualify for an adjustment under this section, the defendant must have been the organizer, leader, manager, or supervisor of one or more other participants.

Stevens Engineers & Constructors, Inc. v. Local 17 Iron Workers Pension Fund

877 F.3d 663 · Court of Appeals for the Sixth Circuit · Dec 13, 2017

Like all previous CBAs, the final CBA between Stevens and Local 17 contained a statement of the jurisdiction establishing where the CBA applied. … The CBA between Stevens and Local 17 contained an additional qualifier. The craft jurisdiction section stated that the jurisdiction of the CBA was “subject to . . .

Duha v. Agrium, Inc.

448 F.3d 867 · Court of Appeals for the Sixth Circuit · May 23, 2006

Agrium had not established “good cause” to file additional record evidence. … Courts have asserted broad leeway under the transfer statute to define which subsets of claims qualify as separate civil actions. See Wyndham Assocs. v.

Miriam Gutierrez v. Jefferson B. Sessions, III

887 F.3d 770 · Court of Appeals for the Sixth Circuit · Apr 16, 2018

The BIA “employ[ed] the ‘categorical approach’” to determine whether Gutierrez’s state conviction qualified as a theft aggravated felony under 8 U.S.C. § 1101(a)(43)(G). … Mellouli is also inapposite, because the record there clearly established under which prong of the divisible state statute the defendant was convicted. See 135 S. Ct. at 1983.

Western & A. R. v. Roberson

61 F. 592 · Court of Appeals for the Sixth Circuit · Apr 3, 1894

This was the allegation of the declaration, and there was evidence tending to establish the truth of the allega tion. … It was clearly not misleading.

United States v. Winston Hill

Court of Appeals for the Sixth Circuit · Nov 18, 2020

Tisdale adds that the court erred by instructing the jury that firing a gun qualifies as “brandishing.” No prejudice occurred. … The district court did not clearly err.

Dwyer v. City of Middletown, Ohio

928 F.2d 404 · Court of Appeals for the Sixth Circuit · Mar 18, 1991

928 F.2d 404 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 … immunity.

Chase Manhattan Mtg v. Smith

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

These provisions were clearly marked as separate from the complaint itself, and the language employed simply notifies the Smiths of their right to information under federal law. … Lastly, the Smiths argue that, as Chapter 13 bankruptcy debtors, the Smiths qualified under 28 U.S.C. § 1452(a) to remove any civil cause of action to the district court.

Wilgar Land Co. v. OWCP

85 F.4th 828 · Court of Appeals for the Sixth Circuit · Oct 31, 2023

The preamble interpreted the then-existing scientific studies to establish that coal-mine work can cause obstructive diseases, either alone or in combination with smoking. … But those briefs do not clearly identify the type of error that the judge allegedly made.

Timothy Paul Keenan v. Genevieve Allen

28 F.3d 1213 · Court of Appeals for the Sixth Circuit · Jun 24, 1994

states require that prison officials afford such protections during the prison hearing process. 3 A magistrate judge first determined that the defendant, who is not an attorney, was not entitled to absolute quasi-judicial immunity … , but only qualified immunity.

Mclaughlin v. Holt Public Schools Board Of Education

320 F.3d 663 · Court of Appeals for the Sixth Circuit · Mar 17, 2003

They noted in the dissenting report that Emma qualified for the resource room because her needs did not require more than half of her instructional day in special education, which was the cutoff for allowing the delivery … It is clearly established that the McLaughlins bear the burden of proving by a preponderance of the evidence that the IEP devised by Holt Public Schools is inappropriate. See Dong v. Board of Educ. of Rochester Cmty.

United States v. Bernard Chester Webb

403 F.3d 373 · Court of Appeals for the Sixth Circuit · Apr 6, 2005

“[A] plea does not qualify as intelligent unless a criminal defendant first receives real notice of the true nature of the charge against him.” Bousley v. … “[W]here the law at the time of trial was *382 settled and clearly contrary to the law at the time of the appeal [ ] it is enough that an error be ‘plain’ at the time of appellate consideration.”

Tysinger v. Police Department

Court of Appeals for the Sixth Circuit · Sep 25, 2006

Under any of these constructs, Tysinger’s evidence clearly falls short of creating a genuine issue of material fact. … As the majority states, a prima facie case of pregnancy discrimination is established by showing (1) plaintiff was pregnant; (2) plaintiff was qualified for the position; (3) plaintiff suffered an adverse employment action

Joseph Michael Serra v. Michigan Department of Corrections, Raymond G. Toombs

4 F.3d 1348 · Court of Appeals for the Sixth Circuit · Oct 29, 1993

The "presumption" is flatly inconsistent with some broad unreviewable or half-reviewable "discretion" vested in the trial judge to do whatever he wants. 52 This Court has clearly misapplied this standard. … By the time of his trial she had already plead guilty and all that remained in her case was sentencing. 58 The purpose of the Michigan spousal immunity law, like most other such laws, is to preserve marital harmony.

Maryland Casualty Co. v. Massey

38 F.2d 724 · Court of Appeals for the Sixth Circuit · Apr 15, 1930

There is in relation to the requirement for proofs of loss no qualifying provision in the policy similar to the one with respect to notice. … It is clearly contemplated, however, that proofs be made on forms supplied by the defendant, and some light is thrown upon their very minimum requirements by the provision made in case the company failed to furnish forms.

NGS American, Inc. v. Jefferson

218 F.3d 519 · Court of Appeals for the Sixth Circuit · Jul 5, 2000

court; not even complete preemption entails a right not to be sued in state court. *527 The Supreme Court’s complete preemption jurisprudence does not suggest such a right, and NGS provides not a shred of support for such immunity … Moreover, state courts clearly have concurrent jurisdiction over ERISA eases that are not completely preempted. See Warner v. Ford Motor Co., 46 F.3d 531, 534 (6th Cir.1995) (en banc).

Ahmed v. Mukasey

Court of Appeals for the Sixth Circuit · Mar 20, 2008

In this regard, the IJ concluded that even though Ahmed was the intended beneficiary of an I-130 petition filed by his adoptive father on his behalf, he did not qualify for an immediately available immigrant visa under the … The BIA stated: The pertinent facts of this case are set forth by the Immigration Judge and have not been shown to be clearly erroneous.