Case law

Barnes v. Owens-Corning Fiberglas Corp.

201 F.3d 815 · Court of Appeals for the Sixth Circuit · Jan 18, 2000

Rogers clearly testified that he was exposed to “raw asbestos” (Emphasis added.) We presume the jury followed the routinely while using it as a filtrate. … Corning products, if it was established at all, was highly Of course, if the third-party plaintiff's claim is dismissed, speculative.

Wilson v. Ohio

178 F. App'x 457 · Court of Appeals for the Sixth Circuit · Apr 25, 2006

In other words, Wilson and Durbin’s positions were combined into one, which clearly does not meet the definition of replacement. … Wilson says that pretext is established 13 because the merger process required that so called “best practices” be used in determining reassignments and that he was more qualified

E. K. Hardison Seed Co. v. Jones

149 F.2d 252 · Court of Appeals for the Sixth Circuit · May 14, 1945

Section 201.37 authorizes qualified state officials to draw samples, secure information and records pertaining to, and otherwise inspect seed and screenings subject to the Act. … urges that, giving full weight to the rule that- an administrative body is not limited by the strict rules as to the admissibility of evidence which prevails in courts, the testimony here in question was incompetent, being clearly

Andrew Hess v. Oakland Cnty., Mich.

Court of Appeals for the Sixth Circuit · May 5, 2026

Nocerini, 123 F.4th 479, 488–89, 492 (6th Cir. 2024) (affirming the denial of qualified immunity to city officials who allegedly “induced” the prosecution of a plaintiff for charges that the plaintiff alleged reflected retaliation … Hess, however, does not clearly raise that argument in his briefs, let alone suggest that he otherwise would contact Rozell in the future. See Kuhn v. Washtenaw Cnty., 709 F.3d 612, 624–25 (6th Cir. 2013).

United States v. James Blair Porter, Jr., John Matthews (Alias Kenneth Wayne Taylor), and Gary Dennis Brickey

701 F.2d 1158 · Court of Appeals for the Sixth Circuit · Mar 10, 1983

Appellants Matthews (alias Taylor) and Briekey clearly have no privacy interest in the hangar. … After reviewing the record we hold that the District Judge clearly did not abuse his discretion in reaching this conclusion.

Myron Kukalo v. Eric Holder, Jr.

744 F.3d 395 · Court of Appeals for the Sixth Circuit · Apr 13, 2011

In order to qualify for asylum, the Kukalos must establish that they qualify as refugees “‘either because [they have] suffered actual past persecution or because [they have] a well-founded fear of future persecution.’” … Thus, we find that the Kukalos have clearly missed the 180-day mark.

United States v. Saikaly

Court of Appeals for the Sixth Circuit · Mar 23, 2000

career criminal in the presentence report because two of the For these reasons, I think the category V is applicable three underlying offenses did not qualify as serious drug here. … the weapon was present, unless it is clearly improbable 8 United States v. Saikaly No. 98-3786 No. 98-3786 United States v.

United States v. Tyslen Baker

976 F.3d 636 · Court of Appeals for the Sixth Circuit · Sep 24, 2020

Given that police misconduct must qualify as “purposeful or flagrant” to justify suppression, Strieff, 136 S. … Having interviewed the subject, King clearly could have—and likely should have—included more details about this subject’s reliability based on what had been said to him.

Howard H. Kessler Jacqueline A. Kessler v. Visteon Corporation, a Delaware Corporation

448 F.3d 326 · Court of Appeals for the Sixth Circuit · Mar 31, 2006

In their complaint, the Kesslers clearly alleged a breach of this duty. … This evidence and analysis is proper where it is used to establish that the danger was open and obvious.

Daniel Soehnlen v. Fleet Owners Ins. Fund

844 F.3d 576 · Court of Appeals for the Sixth Circuit · Dec 21, 2016

But, Lipton also states quite clearly that: The [Supreme] Court drew also a second distinction, between establishment of a trust for a particular purpose and operation in compliance with that purpose. … )(5)], the Court said, “relates, not to the purpose for which the trust fund is in fact used (an unrestricted fund that happens to be used for the sole and exclusive benefit of the employees does not qualify

William Dougherty v. Parsec, Inc. Truck Drivers, Chauffeurs & Helpers, Local Union 100 Budco Group, Inc., Seaboard System Railroad

824 F.2d 1477 · Court of Appeals for the Sixth Circuit · Jul 22, 1987

not further the policies of either the Congress, in enacting the federal labor statutes, or the Supreme Court in Lueck , to give a third party who has allegedly interfered with a labor contract what effectively amounts to immunity … Such damages might not alter the respective rights of the contracting parties, but their availability clearly makes the consequences flowing from the breach of the contract partially dependent upon state law.

United States v. Philip A. Chance

306 F.3d 356 · Court of Appeals for the Sixth Circuit · Sep 19, 2002

Clearly this act had an effect on interstate commerce. … Furthermore, contrary to Appellant’s assertions, the evidence on these issues did not simply involve a swearing contest between Appellant and the government’s immunized witnesses.

Reuben Jelani Adams v. Lexington-Fayette Urban Cnty. Gov't

Court of Appeals for the Sixth Circuit · Oct 10, 2025

Davis, 65 S.W.3d 510, 523 (Ky. 2001) (discussing qualified privilege and malice). … However, they fail to clearly 4One could maybe imagine that plaintiffs’ complaint could be referring to something besides or in addition to this “press release.”

Lawrence Colwell v. John W. Gardner, Secretary of Health, Education, and Welfare

386 F.2d 56 · Court of Appeals for the Sixth Circuit · Nov 17, 1967

He was a qualified automobile mechanic, which requires a great deal of exertion.” … In this statement, the Hearing Examiner was clearly in error. Dr.

Frieda Aaron v. Maureen O'Connor

914 F.3d 1010 · Court of Appeals for the Sixth Circuit · Jan 30, 2019

R. 1 (Compl. at 20) (Page ID #20) (“Appealing biased and clearly wrong rulings is not a fair remedy to Plaintiffs.”). They thus apparently challenge the fairness of the remedy. … In Sprint, the Court articulates the firm requirement that a case fall within one of the three previously established NOPSI categories to qualify for Younger abstention.

Charles L. Lorraine v. Ralph Coyle, Warden

291 F.3d 416 · Court of Appeals for the Sixth Circuit · May 23, 2002

established Federal law, as determined by the Supreme Court,” 28 U.S.C. § 2254 (d)(1) (1994 & Supp. … A state court’s legal decision is “contrary to” clearly established federal law under § 2254(d)(1) “if the court arrives at a conclusion opposite to that reached by *422 [the Supreme] Court on a question of law or if the

Aminata Dieng v. Eric Holder, Jr.

698 F.3d 866 · Court of Appeals for the Sixth Circuit · Nov 8, 2012

Finally, the IJ held that the evidence presented did not qualify petitioners for relief under the CAT. In lieu of a removal order, the IJ granted petitioners’ request for voluntary departure. … language version of the death certificate for Dieng’s sister (which specified her cause of death as “vaginal hemorrhage from female genital mutilation,” unlike the French-language version, which listed no cause of death)—was clearly

United States v. Carr

Court of Appeals for the Sixth Circuit · Aug 31, 2005

Carr’s guilty pleas clearly established that he violated conditions one and four of his supervised release. … In the present case, the district court clearly announced its intention to sentence Carr to the “maximum” term of supervised release “permissible under the law.”

Donald R. Campbell and Patricia A. Campbell v. Commissioner of Internal Revenue

868 F.2d 833 · Court of Appeals for the Sixth Circuit · Aug 24, 1989

Commissioner ], 315 F.2d at 737 [9 Cir.1963]. 37 The standard for review is whether or not the Tax Court's finding is clearly erroneous. Polakof v. … Commissioner, 722 F.2d 695 (11th Cir.1984). 38 Based on the record, the finding of the Tax Court was not clearly erroneous.

Phillips v. Snyder

836 F.3d 707 · Court of Appeals for the Sixth Circuit · Sep 12, 2016

This conclusion is clearly required by the Supreme Court’s holding in San Antonio Independent School District v. Rodriguez, 411 U.S. 1 , 93 S.Ct. 1278 , 36 *720 L.Ed.2d 16 (1973). … One plaintiff, however, failed to establish standing. Plaintiff Glass is from Redford and is on the Council of Baptist Pastors of Detroit.