Case law

United States v. Andrew Damarr Morris

71 F.4th 475 · Court of Appeals for the Sixth Circuit · Jun 22, 2023

We granted the motion, noting that pursuant to Borden, Morris’s resisting-and- obstructing-police offense no longer qualified as a Grade A violation. United States v. Morris, No. 21-1315 (6th Cir. July 15, 2022). … defendant[,] and (D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner”; (a)(4) “the kinds of sentence and the sentencing range established

Union Pacific Railroad Co. v. Tenn. Dep't of Revenue

800 F.3d 262 · Court of Appeals for the Sixth Circuit · Aug 28, 2015

We need not, and thus do not, express any opinion on what other comparison classes may qualify. Sufficient unto the day is the evil thereof.”). … The Supreme Court has established a two-step inquiry for evaluating a claim of discrimination under § 11501(b)(4).

Carl Rose v. Secretary of the Department of Labor

800 F.2d 563 · Court of Appeals for the Sixth Circuit · Sep 3, 1986

did not provide petitioner with notice of his right to an administrative hearing and, accordingly, petitioner did not seek administrative review of Otter's determination. 6 The Department of Labor has issued regulations establishing … Times, May 4, 1986, Sec. 1 at 1 2 In this way, the present case is clearly distinguishable from Midland Insurance Co. v. Adam, 781 F.2d 526 (6th Cir.1985).

Richard Fowlkes v. U.S. Dep't of Defense

Court of Appeals for the Sixth Circuit · Dec 8, 2025

Fowlkes must first establish a prima facie case by showing (1) “that he is disabled”; (2) “that he is otherwise qualified for the job, with or without reasonable accommodation”; (3) “that he suffered an adverse employment … While this was a vague request, Fowlkes clearly did not understand 8 No. 25-3126, Fowlkes v.

Mike's Train House v. Lionel LLC

Court of Appeals for the Sixth Circuit · Dec 14, 2006

The record clearly establishes, however, that Korean manufacturers share a common numbering system for train parts. For example, all Korean design companies assign the number “2600” to the train’s boiler. … We have also held that a district court erred by admitting expert testimony that was based “upon the opinion of others who were not even qualified as experts, nor present at the trial.” Taylor v. B.

Jo Ann Allen v. Highlands Hospital Corporation

Court of Appeals for the Sixth Circuit · Oct 21, 2008

of age or over), (2) was discharged, (3) was qualified for the position held, and (4) was replaced by someone outside of the protected class. … Section 626(c)(1) establishes that any court of competent jurisdiction may hear a civil action brought under the ADEA.

Mozert v. Hawkins County Board Of Education

827 F.2d 1058 · Court of Appeals for the Sixth Circuit · Oct 5, 1987

The Court also dismissed the individual school board members as defendants on qualified immunity grounds and ordered a hearing on damages against the Hawkins County Board of Education. Id. at 1204 . … However, the Supreme Court has clearly held that it violates the Establishment Clause to tailor a public school's curriculum to satisfy the principles or prohibitions of any religion. Epperson v.

Valley Products Company, Inc. v. Landmark, a Division of Hospitality Franchise Systems, Inc.

128 F.3d 398 · Court of Appeals for the Sixth Circuit · Oct 22, 1997

Valley’s termination notice explained that HFS had decided “to establish a long-term relationship with two manufacturers with extensive distribution networks.” … But Congress clearly intended the Sherman Act to be construed in light of common law rules that historically had imposed significant limits on the right to recover damages in contract or tort.

NicSand, Inc. v. 3M Co.

507 F.3d 442 · Court of Appeals for the Sixth Circuit · Oct 17, 2007

NicSand's complaint establishes a right to relief above the speculative level. … While NicSand may have once been the dominant competitor, that former status can neither legalize 3M's anticompetitive business practices nor make 3M immune from antitrust suit.

Knight v. Metropolitan Government

136 F. App'x 755 · Court of Appeals for the Sixth Circuit · Apr 4, 2005

To establish a prima facie case of discrimination under the ADA, a plaintiff must demonstrate “(1) that she or he is an individual with a disability, (2) who was otherwise qualified to perform a job’s requirements, with … Metro clearly disagrees with the jury’s determination that Metro regarded Knight as disabled.

Deric Lostutter v. Commonwealth of Ky.

Court of Appeals for the Sixth Circuit · Jul 20, 2023

track for certain felons who qualify,” Lostutter and Langdon did not qualify for that track “because they were convicted, respectively, of a federal offense and of second-degree assault under Kentucky law.” … Finally, Plaintiffs argue that “[c]lemency rules and procedures are not immune from constitutional scrutiny.” Appellant Br. at 43. That may be. But the district court never found to the contrary.

Sidney Coal Company, Inc. v. Social Security Administration, (04-6286), Michael H. Holland, Intervenors (04-6291)

427 F.3d 336 · Court of Appeals for the Sixth Circuit · Oct 19, 2005

See 30 U.S.C. § 932 (h); 20 C.F.R. § 725 (establishing "responsible operator" criteria). 7 . See Pittston Co. v. … Accepting the SSA’s argument would undermine Congress’s clearly stated intent. 12 . The SSA asserts that the Supreme Court's ruling in Smith v.

Stephen M. Francia v. Board of Education of Lewis County, Kentucky, and James W. Clark, Superintendent of Schools for Lewis County

835 F.2d 878 · Court of Appeals for the Sixth Circuit · Dec 11, 1987

835 F.2d 878 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 … Having previously qualified as an Instructor of JROTC from the United States Army, Francia signed a one-year contract with the Board to teach JROTC.

In Re April 1977 Grand Jury Subpoenas. General Motors Corporation v. United States

573 F.2d 936 · Court of Appeals for the Sixth Circuit · Apr 5, 1978

Clearly this is an exceptional case. … We consider only the appearance of a conflict of interest which, in our opinion, was established by the evidence in this case, and the District Court should have so found. As was stated by Chief Judge Irving R.

United States v. William M. Gurley

384 F.3d 316 · Court of Appeals for the Sixth Circuit · Sep 21, 2004

In addition, upon reasonable notice, such person either (i) shall grant any such officer, employee, or representative access at all reasonable times to any vessel, facility, establishment, place, property, or location to … Nevertheless, as of November 9, 2001, the record clearly indicates that Gurley’s estate has nearly $23,000,000 available for distribution ....

38 Fair empl.prac.cas. 1402, 37 Empl. Prac. Dec. P 35,463 United States of America, and Carolyn J. Freeland, Intervenor-Plaintiffs-Appellants v. City of Cincinnati, and Queen City Lodge No. 69, Fraternal Order of Police, Intervenor-Defendant

771 F.2d 161 · Court of Appeals for the Sixth Circuit · Oct 16, 1985

The decree established a long term goal of having the proportion of blacks and women in all sworn ranks of the CPD approximately equal to the proportion of qualified blacks and women in the labor force of the city. … Layoff notices were mailed to CPD employees with the least seniority as established by civil service rules and the collective bargaining agreement with FOP.

United States v. Webb

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 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.”

Violet Hogan v. Jo Ellen Jacobson

823 F.3d 872 · Court of Appeals for the Sixth Circuit · May 23, 2016

Although “[o]ur prior ERISA preemption cases have not always clearly differentiated between the two concepts,” Loffredo, 500 F. … Counsel would have done well to acknowledge more fully the existing unfavorable case law, but that precedent is not so strong as to establish that the appeal is frivolous and clearly could not succeed.

Swinney v. General Motors Corporation

46 F.3d 512 · Court of Appeals for the Sixth Circuit · Jan 26, 1995

We conclude that the plaintiffs qualify as "participants" in the laid-off workers plans. 19 Under Sec. 3(7) of ERISA, "participant" is defined as "any employee or former employee ... who is or may become eligible to receive … Nevertheless, the defendant and the district court clearly had notice of the equitable estoppel claim.

Wiles v. Bagley

Court of Appeals for the Sixth Circuit · Apr 14, 2009

Bagley Page 4 appeals’ decision “was contrary to, or involved an unreasonable application of, clearly established federal law.” 28 U.S.C. § 2254(d)(1). … A psychologist’s “admission” of a fact at a mitigation hearing, one already established beyond a reasonable doubt at the liability hearing, does not establish prejudice.