Case law

William Paluda v. ThyssenKrupp Budd Company

303 F. App'x 305 · Court of Appeals for the Sixth Circuit · Dec 16, 2008

Such a resignation will be referred to as a “qualifying resignation.” … Accordingly, we do not address plaintiffs’ central contention on appeal that it was clearly erroneous for the district court to find that the Plant Closing Agreement was an employee welfare benefit plan governed by ERISA

Loriz v. Connaughton

233 F. App'x 469 · Court of Appeals for the Sixth Circuit · May 11, 2007

The BZA did, however, establish conditions for the shooting range, including requiring a 300 foot buffer zone between the Lorizes’ property and the range activities. … Because each of the Judges acted in his judicial capacity when presiding over the Lorizes’ zoning appeal, the Magistrate Judge recommended they be absolutely immune from the Lorizes’ claims.

Brown v. City of Cleveland

294 F. App'x 226 · Court of Appeals for the Sixth Circuit · Sep 23, 2008

Brown has not established a prima facie case of failure-to- promote because his evidence does not show him to be qualified for the Claims Coordinator position. … On appeal, Brown insists that Threat was less qualified than he because she possessed only a high-school diploma.

Busk v. Integrity Staffing Solutions, Inc. (In Re Amazon.com, Inc.)

905 F.3d 387 · Court of Appeals for the Sixth Circuit · Sep 19, 2018

But Defendants’ version of the statement omits important qualifying language. Indeed, the ellipses Defendants introduce after the word “Act” and before “the” obscure the full meaning. … Once established, an employer shall not change or manipulate an employee’s workweek to evade the requirements of the act. Ariz. Admin.

Cherokee Marcilis v. R. Bouck, Counselor, in His Individual Capacity Pete Vidor, Deputy, in His Individual Capacity

966 F.2d 1452 · Court of Appeals for the Sixth Circuit · Jun 22, 1992

966 F.2d 1452 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited … Under a qualified immunity analysis, Marcilis has not shown the threshold determination that he has asserted a violation of any constitutional right at all. Siegert v.

Heheman v. Scripps Company

661 F.2d 1115 · Court of Appeals for the Sixth Circuit · Nov 10, 1981

Technological advancement seems clearly to be a factual and proximate cause of the harm plaintiffs have suffered. … Scripps has submitted nothing that would establish the contrary.

Karen Andrea Martial-Emanuel v. Eric Holder, Jr.

523 F. App'x 345 · Court of Appeals for the Sixth Circuit · Apr 22, 2013

To establish her eligibility for cancellation of removal, Petitioner was required to establish that her removal would result in “exceptional and extremely unusual hardship” to her U.S. citizen husband or son. … Given Congress’ clearly expressed desire to allow cancellation of removal only in the most extreme cases, we find it perfectly rational for the government to take into account the relative economic prosperity of an alien

William Earl Bobo Jack Mitchell v. United States Department of Agriculture

52 F.3d 1406 · Court of Appeals for the Sixth Circuit · May 5, 1995

Moreover, Congress was clearly aware of USDA’s and APHIS’s reliance on digital palpation as a means of finding “soreness” under the HPA. … First, a time was not established for Dr. O’Brien’s examination of Ultimate Beam.

United States v. Jeffrey Glenn Galloway

316 F.3d 624 · Court of Appeals for the Sixth Circuit · Jan 17, 2003

Regardless, his attempt to mislead the customs officials is also clearly suspicious behavior. … The comments in Berger may have qualified as flagrant, unlike the statement here, but this distinction does not address the strength of the evidence in the respective cases. .

Sami Ayoub Matty v. Immigration and Naturalization Service

21 F.3d 428 · Court of Appeals for the Sixth Circuit · Apr 14, 1994

'[P]ersecution' ... clearly contemplates that harm or suffering must be inflicted upon an individual in order to punish him for possessing a belief or characteristic a persecutor seeks to overcome." … However, "[a]n application for asylum shall be denied if the applicant establishes past persecution [but does not also establish] a well-founded fear of future persecution ... unless it is determined that the applicant has

United States v. Chad Wolf

Court of Appeals for the Sixth Circuit · Dec 3, 2025

The Government must establish that a defendant qualifies for the managing-role enhancement by a preponderance of the evidence. See United States v. Wells, 55 F.4th 1086, 1092–93 (6th Cir. 2022). … The Government’s prior assertion that certain runners would not qualify as participants does not disturb our conclusion.

Harry Whitney Cross-Appellants v. Robert Brown Cross-Appellees

882 F.2d 1068 · Court of Appeals for the Sixth Circuit · Aug 15, 1989

The magistrate’s findings of fact must be accepted unless clearly erroneous. Fed.R.Civ.P. 53(e)(2). … Regarding the findings of the magistrate herein, we do not believe them to be clearly erroneous.

United States v. Bernhard Jakits

129 F.4th 314 · Court of Appeals for the Sixth Circuit · Feb 20, 2025

We need not describe the images in detail; they clearly satisfy several of the Dost factors. For example, two of the images Jakits received depict nude close-ups of Jae’s vagina. … The government argued, and the jury determined, that Jakits’s texts to Jae qualified as such notices.

National Labor Relations Board v. International Brotherhood of Electrical Workers, Local 575, Afl-Cio

773 F.2d 746 · Court of Appeals for the Sixth Circuit · Oct 8, 1985

Each such applicant meeting this requirement shall be registered on the date he is found to be qualified after having verified the information given on his application. 4. … In light of the rule’s foreseeable consequences, we agree with the Board that Harris’ testimony was not necessary to establish a violation of the Act.

Estate of Hans W. Vahlteich v. Commissioner of Internal Revenue

69 F.3d 537 · Court of Appeals for the Sixth Circuit · Oct 31, 1995

69 F.3d 537 76 A.F.T.R.2d 95 -7469, 95-2 USTC P 60,218 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 … Clearly the universities were the ultimate beneficiaries of both Hans and Ella Vahlteich's wills, either by direct bequest of the residuary estate or as remaindermen from the trusts.

Justice v. Jefferson Pilot Ins. Co.

96 F.3d 1448 · Court of Appeals for the Sixth Circuit · Sep 4, 1996

96 F.3d 1448 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 … immunity.

FCA US, LLC v. Spitzer Autoworld Akron, LLC

887 F.3d 278 · Court of Appeals for the Sixth Circuit · Apr 4, 2018

The district court reasoned that Spitzer’s statements at oral argument in Fox Hills did not qualify as a judicial admission because “judicial admissions generally arise only from deliberate voluntarily waivers that expressly … First, the Ohio administrative proceeding is clearly not a state prosecution.

John Barks v. Silver Bait LLC

802 F.3d 856 · Court of Appeals for the Sixth Circuit · Oct 2, 2015

Durant and his wife established the current Silver Bait operations on the property in early 2005. R. 67, Trial Tr., PID 1268–69; R. 82, Order, PID 1672. … Clearly, if raising worms falls within a listed example, the agricultural exemption applies.

Shollenbarger v. Planes Moving & Storage

297 F. App'x 483 · Court of Appeals for the Sixth Circuit · Oct 20, 2008

Under Title VII, a [] balanced work force cannot immunize an employer from liability for specific acts of discrimination. Teal, 457 U.S. at 454 (citations, quotation marks, and editorial marks omitted). … Therefore, the court held that the plaintiffs had failed to establish a prima facie case. The same statistics that establish the prima facie case in the aforementioned claim disprove it in this claim.

Courter v. Commissioner of Social Security

479 F. App'x 713 · Court of Appeals for the Sixth Circuit · May 7, 2012

First, under clause one of SSR 96-6p as provided above, the school records alone do not establish that Claimant qualifies as mentally retarded. … Regardless, because there was clearly no “good cause” for Claimant’s failure to obtain these two evaluations prior to the ALJ’s decision, Claimant is not entitled to a sentence six remand.