Case law

Ackley v. Local Union 337, International Brotherhood of Teamsters

910 F.2d 1295 · Court of Appeals for the Sixth Circuit · Aug 1, 1990

In part, this theory read: So we are now re-hashing (with hindsight) the entire collective bargaining negotiation process, a process for which Congress clearly expressed distaste: “in establishing seniority systems there … However, we find that the right to alter seniority is not absolute, and that the alteration of seniority is not immune from an unfair representation attack. See Ratkosky v. United Trans.

Carlton v. Johnson

Court of Appeals for the Sixth Circuit · Apr 12, 2006

First, in the aftermath of Hudson, a 1992 decision by the Supreme Court and the principal decision upon which we rely today, the defendants cannot claim that they are entitled to qualified immunity because if Carlton’s … allegations are true, the officers violated clearly established constitutional rights.

Wilbern Cooper v. Willis Chapman

970 F.3d 720 · Court of Appeals for the Sixth Circuit · Aug 17, 2020

During this questioning Cooper inquired about both the availability of immunity from prosecution in exchange for his cooperation and the application of the Sentencing Guidelines. (5/5/11 Tr., R. 5.13, Page ID 804.) … During oral argument, the government conceded that Cooper had “clearly and unequivocally” invoked his right to remain silent during the third custodial interview.

United States v. Terry

284 F. App'x 242 · Court of Appeals for the Sixth Circuit · Jun 26, 2008

The revised PSR recommends that Terry qualify for an armed career criminal enhancement under 18 U.S.C. § 924(e) and for the purposes of U.S.S.G. § 4B1.4, which establishes an offense level of 33. … The government bears the burden of establishing that a conviction qualifies for a sentence enhancement under the ACCA. United States v.

Kathleen A. D'AmAto v. Corporate Consulting, Inc., and Blue Cross and Blue Shield Mutual of Ohio

65 F.3d 168 · Court of Appeals for the Sixth Circuit · Aug 28, 1995

could not have constituted a "qualifying event" under Sec. 1163(2), because the plan itself was cancelled prior to that event. … Moreover, because no separate Sec. 1109(a) claim was included in the complaint, it clearly cannot be raised or relied upon on appeal. 13 The situation in which D'Amato finds herself is demonstrably unfair.

United States v. Ronald Dupree

323 F.3d 480 · Court of Appeals for the Sixth Circuit · Mar 17, 2003

The government sufficiently *486 established the jurisdictional predicate for Dupree’s prosecution under the Hobbs Act. B. … The court’s finding in Tocco involved an alleged mafia boss whose control over co-conspirators was established by wiretapped conversations. Id.

Thresa Kuhn v. Island Creek Coal Company

974 F.2d 1338 · Court of Appeals for the Sixth Circuit · Aug 27, 1992

Island Creek's proffered reason, that it hired Jeffrey Porter because he was the individual best qualified for the position, is clearly legitimate. … Bradford and Co., 925 F.2d 901, 906 (6th Cir.1991) (finding not clearly erroneous the district court's determination that, because the individual hired was more qualified, no pretext was shown) 11 Kuhn's evidence includes

Loletia Wilson v. Cleveland Clinic Foundation

579 F. App'x 392 · Court of Appeals for the Sixth Circuit · Sep 8, 2014

But a longer term of employment does not in itself translate to a more skilled, qualified, and superior employee. … Therefore, she fails to establish a prima facie case of retaliation with respect to her suspension claim. B.

United States v. Warren Dale Keefer

799 F.2d 1115 · Court of Appeals for the Sixth Circuit · Sep 2, 1986

“A materiality determination is subject to complete review on appeal and is not controlled by the clearly erroneous standard.” Id. … McLean, who had been convicted of various crimes from 1970 to 1982, testified for the government under an immunity agreement. 2 . Besides Warren Dale Keefer, appellant also used the names "Gerrit Keefer” and “G.H.

Clemmer v. Key Bank Natl Assoc

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

The relevant statutory language is identical to language regarding on-machine notice, see id. § 1693b(d)(3)(A) & (B)(i), as to which the regulations explicitly permit such qualified notice, 12 C.F.R. § 205.16(c)(1)(ii). … Because the on-screen notice in this case clearly notified Clemmer that he was subject to a charge, it is not necessary for us to determine whether the on-screen message told him that he would in fact be charged.

United States v. Harry Christian (84-5843), Joe L. Davis (85-5005/85-5346)

786 F.2d 203 · Court of Appeals for the Sixth Circuit · Mar 13, 1986

Identification of the location where the buy would be consummated clearly is in furtherance of the conspiracy. … While these inquiries would clearly be relevant to Bowers’ potential bias, other evidence regarding her credibility was introduced.

United States v. Diakite

5 F. App'x 365 · Court of Appeals for the Sixth Circuit · Feb 22, 2001

In reviewing a sentencing determination, this court “accept[s] the findings of fact of the district court unless they are clearly erroneous and ... give[s] due deference to the district court’s application of the guidelines … Finally, Diakite argues that nothing in the record establishes that he planned any aspects of the offense, as opposed to simply following orders or assisting others in their own conspiratorial acts.

Johnson v. Manitowoc Boom

Court of Appeals for the Sixth Circuit · Apr 30, 2007

The magistrate judge found that Friend’s proposed testimony was “clearly relevant,” and neither party disputes this finding on appeal. The only contested issue is reliability. … Friend may well be a fine engineer, but he is clearly a generalist.

Mark Brinkman v. John J. Gilligan, Mark Brinkman v. Dayton Board of Education

503 F.2d 684 · Court of Appeals for the Sixth Circuit · Aug 20, 1974

All members present were duly elected, qualified and acting members of the Board, although two of them were so-called ‘lame ducks,’ who would not be members of the Board after December 31, 1971. … Foster testified as follows: “My conclusion is that the establishment of the middle schools in 1971 resulted in the establishment of four out of five schools that were clearly racially identifiable, therefore, increasing

United States v. Timothy Chatmon

565 F. App'x 345 · Court of Appeals for the Sixth Circuit · Apr 28, 2014

The Manual, however, provides an 3 alternate method of establishing a base offense level for a defendant who meets certain criteria and qualifies as a career offender. … The prosecutor argued that the jail-credit sheet, indicating zero days served in jail, was “just an error” because “[Chatmon,] clearly, was in custody for a week.”

Knable ex rel. Knable v. Bexley City School District

238 F.3d 755 · Court of Appeals for the Sixth Circuit · Jan 24, 2001

The Enables have prevailed in establishing that Bexley did not convene an IEP conference. 2. Bexley has prevailed in establishing that it can provide a free appropriate public education to meet Justin’s specific needs. … The IHO found that Justin's final grades for the sixth grade "clearly establish that the year *767 was not a loss,” and pointed to Justin’s subsequent success at Grove School as evidence that he had received “a firm educational

Roxie Hollon, on Behalf of Joseph W. Hollon v. Commissioner of Social Security

447 F.3d 477 · Court of Appeals for the Sixth Circuit · May 22, 2006

Yet, these 350 pages of documents clearly were in existence and available to Hollon during the administrative proceedings, as Hollon herself asserts that all of these materials were “previously submitted to the Commissioner … Without more, Hollon’s “mere marking of the check-box on the request for hearing form” might have been ambiguous, and might not have qualified as a valid waiver of her right to appear before the ALJ.

United States v. Rodney Dotson, Jr.

715 F.3d 576 · Court of Appeals for the Sixth Circuit · Apr 22, 2013

Here, the redacted statement introduced by the government sought to establish that Dotson sexually exploited a minor and unlawfully possessed child pornography. … It is clear, however, that Dotson qualifies as a sex offender under the Act and must therefore register.

Johnson v. Middle Metropolitan Government of Nashville & Davison County

502 F. App'x 523 · Court of Appeals for the Sixth Circuit · Oct 18, 2012

The district court denied Plaintiffs’ motion and dismissed the disparate impact 1 The federal claims against the officers were dismissed on the basis of qualified immunity. … Accordingly, the revised system established a two-stage promotions process. Scoring well on the written and assessment tests was not a guaranteed basis for promotion; it only qualified a candidate for promotion.

Tracy v. National Guard Chief

76 F.3d 380 · Court of Appeals for the Sixth Circuit · Feb 7, 1996

Defendants respond that plaintiff's claim for money damages is barred by intra-military immunity and sovereign immunity and that the district court lacked jurisdiction over plaintiff's Federal Tort Claims Act claim. … Plaintiff's claims clearly are barred under the doctrine enunciated in Feres v. United States, 340 U.S. 135 (1950). See Major v.