Case law

MarketGraphics Research Grp. v. David Berge

953 F.3d 907 · Court of Appeals for the Sixth Circuit · Mar 27, 2020

Don established a new business under the name Realysis. Realysis consisted of three single-member LLCs. … First, while David’s respective positions regarding who operated Realysis were in some tension, they were not “clearly inconsistent.”

Ernest Martin v. Betty Mitchell, Warden

280 F.3d 594 · Court of Appeals for the Sixth Circuit · Mar 28, 2002

The Supreme Court has declared that “a federal habeas court making the ‘unreasonable application’ inquiry should ask whether the state court’s application of clearly established federal law was objectively unreasonable.” … established federal law erroneously or incorrectly.

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.

Weary v. Cochran

Court of Appeals for the Sixth Circuit · Jul 29, 2004

Commission, asserting that he was impermissibly terminated The determination of whether a plaintiff qualifies as an because of his age. … role in hiring or paying Weary’s assistants; it only establishes Farm Bureau Ins. Co., 207 F.3d 480, 486 (8th Cir. 2000).

Nickels v. Grand Trunk Western

Court of Appeals for the Sixth Circuit · Mar 18, 2009

Railroad Commission of Texas, 833 F.2d 570, 574 (5th Cir. 1987), FELA relief would clearly be precluded on that ground. … Mich. 1984) (concluding that walkways are a part of track structure and thus immune from additional state regulation); Black v. Seaboard Sys. R.R., 487 N.E.2d 468, 469 (Ind. Ct.

Bird v. Brigano

295 F. App'x 36 · Court of Appeals for the Sixth Circuit · Sep 30, 2008

A state court decision is an “unreasonable application” of clearly established federal law if the state court identified the correct legal principle but unreasonably applied it to the facts of the prisoner’s case. … in determining whether a legal principle has been clearly established by the Supreme Court.

Misti A. Kilgore v. Outback Steakhouse Of Florida, Inc.

160 F.3d 294 · Court of Appeals for the Sixth Circuit · Dec 9, 1998

. §§ 201-219 , establishes a minimum wage. … The "Outback Tip Policy" clearly stated that Outback would use the tip credit against the minimum wage.

Fred Dever v. Clark County Sheriff

348 F. App'x 107 · Court of Appeals for the Sixth Circuit · Sep 23, 2009

The Devers assert that the preliminary injunction was transparently invalid because it was a “clearly improper 8 exercise[] of judicial authority” under Ohio law. … a violation of their Fourth and Fourteenth Amendment rights, we need not reach the question of whether the Sheriff Defendants were entitled to qualified immunity.

United States v. Robert Burston

703 F.3d 856 · Court of Appeals for the Sixth Circuit · Dec 31, 2012

At the motions hearing, the court made no finding as to Ross’s ability to represent himself and denied Ross’s motion solely on the ground that his indigent status would qualify him for various court services and “I am quite … The prosecutor’s statement was clearly just a metaphor to sum up his case theory.

Estate of Isaiah Andrews v. City of Cleveland, Ohio

112 F.4th 436 · Court of Appeals for the Sixth Circuit · Aug 13, 2024

And the possibility that the estates might seek indemnification does not establish that “no portion of any recovery” would come from the estates. … Rather, the majority merely notes that this is one of several murky areas of law—all of which must and have yet to be resolved in Andrews’ favor—before he can qualify for this exception of the Ohio estate statute.

In re De Ran

260 F. 732 · Court of Appeals for the Sixth Circuit · Oct 7, 1919

appears that this record book was offered in evidence on the hearing below; and the answer to that amendment asserts that— “The evidence presented on the hearing on the merits of this matter * * impeached, contradicted, and Qualified … The instant case is, to our minds, clearly distinguishable from the Veler Case, in that here Judge Killits, after formulating the specific charges on which the order to show cause was based himself retired from the trial

Gutzwiller v. Fenik

860 F.2d 1317 · Court of Appeals for the Sixth Circuit · Nov 1, 1988

A. 5 The following facts were established at trial. Dr. … Metals Trades, Inc., 775 F.2d 703, 710 (6th Cir.1985), even if a plaintiff had established a prima facie case of discrimination, the plaintiff must still prove that she is qualified for tenure and the defendants may show

Parks v. UPS Supply Chain Solutions, Inc.

607 F. App'x 508 · Court of Appeals for the Sixth Circuit · Apr 17, 2015

In a direct evidence claim brought under the ADA, the employee bears the burden of establishing that he or she is disabled, but “otherwise qualified” for the position, either without accommodation, or with a proposed reasonable … Parks also fails to establish that he was otherwise qualified for his position such that UPS had a duty to provide a reasonable accommodation to his disability which included time off for surgery.

United States v. Howard "Ace" Underhill, Daniel Rokitka, Eddie Osborne, Joe Osborne and Walter Person, United States of America v. Pat Tata and Tony Rayburn

813 F.2d 105 · Court of Appeals for the Sixth Circuit · Mar 6, 1987

B. 23 The government argues that Congress did not intend to permit lawbreakers to immunize themselves from prosecution by their own acts, the criminal purpose of which made the interceptions illegal. … If Person were a mere "customer" of the gambling establishment, this argument would be worthy of consideration.

Welders Supply, Inc. v. American Employers' Insurance Company, Welders Supply, Inc. v. American Employers' Insurance Company

342 F.2d 972 · Court of Appeals for the Sixth Circuit · Feb 12, 1965

Defendant seeks to establish that the high pressure drier explosion (and the explosion of attached pipes or manifolds) was not and could not have been the source of the initial explosion. … Plaintiff’s testimony clearly indicated that some force had served to blow at least ten of the “pigtails” loose on the manifold system.

Cindy A. Baker, by and Through Her Father, Joseph Baker v. Elcona Homes Corporation and Joseph L. Slabach

588 F.2d 551 · Court of Appeals for the Sixth Circuit · Dec 8, 1978

concerning the factual data which he incorporated in the accident report and the vector analysis he employed, he was not questioned concerning any opinion he might have as to who had the right-of-way, although he had *555 qualified … Clearly, the HEW proceedings were an “investigation” into the state of affairs in the Ferndale schools within the plain meaning of that word.

Roselyn Ann Keplinger v. Richard K. Wilson William H. Wolff, Jr. Mike Fain State of Ohio

12 F.3d 212 · Court of Appeals for the Sixth Circuit · Nov 22, 1993

under the doctrine of judicial immunity. … The acts upon which Keplinger bases her complaint were performed clearly within the subject matter of the state court of appeals.

United States v. Fadi Chahine

16 F.3d 1221 · Court of Appeals for the Sixth Circuit · Jan 27, 1994

Koury testified that he had been approached by Chahine, who was attempting to establish a contact to whom he might sell heroin. … Additionally, we have found that to qualify for the two point reduction on appeal, the reviewing court must find that the lower court erred in concluding that the defendant's role was not "substantially less culpable than

Patel v. Mukasey

281 F. App'x 544 · Court of Appeals for the Sixth Circuit · Jun 19, 2008

The contradictions and embellishments the first IJ noted in Patel’s testimony are clearly not mere “minor inconsistencies,” but are material to Patel’s claim in that the embellishments enhance his assertions of persecution … In order to qualify for withholding of removal, Patel must establish that there is a clear probability that he will be subjected 6 to persecution should he return to

Sam Johnson v. Henry Grayson

999 F.2d 540 · Court of Appeals for the Sixth Circuit · Jul 9, 1993

Further, to the extent that Johnson sought relief under Rule 60(b), the district court found that he had not established that he was entitled to relief from judgment. … Bradley, 729 F.2d 416, 421 (6th Cir.), cert. denied, 469 U.S. 845 (1984). 7 Finally, all the defendants are entitled to qualified immunity because reasonable officials in their position could disagree as to whether application