Case law
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555 F.3d 218 · Court of Appeals for the Sixth Circuit · Feb 5, 2009
On August 1, 1999, the USWA and LTV Steel entered into an agreement (the “1999 Agreement”) restructuring the pension benefits for all qualified employees. … The bankruptcy court’s findings regarding the effect of the 1999 Agreement are not clearly erroneous. Under the terms of the 1999 Agreement, “[i]ndividual Company Contribution Accounts ...
Cited 33 timesPublished245 F. 427 · Court of Appeals for the Sixth Circuit · Oct 2, 1917
Murray had been appointed and qualified as the successor of Lyons in the bank receivership, and, under an order of the court in which the original suit was pending, had been substituted as plaintiff in the place of Lyons; … This at most was harmless error; but we think the matter was clearly within the discretion of the court. The judgment is affirmed, subject to the modification above stated.
Cited 4 timesPublished168 F. 813 · Court of Appeals for the Sixth Circuit · Mar 16, 1909
At that date his term of office expired, and his successor qualified and took charge of the office. … Taintor, said: “But this is primarily the right of the court or sovereignty, and has its most striking examples in cases of extradition. * * * This case establishes that the sovereignty where jurisdiction first attaches may
Cited 4 timesPublished919 F.2d 397 · Court of Appeals for the Sixth Circuit · Nov 26, 1990
Having established that appellants can raise a genuine issue of material fact as to whether Wyeth DTP is unavoidably unsafe, the question becomes whether they have done so. … Should such reactions occur, further immunization against pertussis is contraindicated. 44 (footnote omitted).
Cited 0 timesPublishedCourt of Appeals for the Sixth Circuit · Feb 20, 2008
to defend against removal on the ground that Graham’s convictions did not qualify as aggravated felonies. … to the victim” of over $10,000 and, therefore, that his convictions do not qualify as aggravated felonies.
Cited 0 timesUnpublishedUnited States v. Rebecca K. Crossley (99-4076) Starla Grubich (99-4080),defendants-Appellants
224 F.3d 847 · Court of Appeals for the Sixth Circuit · Aug 30, 2000
The Court reasoned that “[t]here is a presumption against the waiver of constitutional rights, and for a waiver to be effective it must be clearly established that there was an intentional relinquishment or abandonment of … Moreover, even if Crossley established a violation of the Speedy Trial Act, she has not established that she suffered any actual prejudice. See Grosshans, 821 F.2d at 1253 . 2 .
Cited 147 timesPublished447 F.3d 879 · Court of Appeals for the Sixth Circuit · May 15, 2006
Under the Final Rule, these Pollution Abatement Plans qualify as BPT, 40 C.F.R. § 434.72 , and BAT, 40 C.F.R. § 434.73 , and BCT, 40 C.F.R. § 434.74 , for remining operators. … Many of these abandoned lands, specifically those that qualified under the Rahall Amendment, were abandoned prior to the mid-1970s.
Cited 28 timesPublishedAlbert G. Gibson v. R.G. Smith Company
915 F.2d 260 · Court of Appeals for the Sixth Circuit · Oct 2, 1990
He claims that he was the first person to apply for the position and that he was qualified. Smith filled the position with a White carpenter who was referred through the union hall. … If the proposed action is clearly without merit, it is within the discretion of the District Judge to deny the application."
Cited 130 timesPublishedGottfried v. Medical Planning Services, Inc.
142 F.3d 326 · Court of Appeals for the Sixth Circuit · Apr 16, 1998
The abstention doctrine established by Younger v. … We have no reason to believe the Ohio courts are less qualified than we are to fairly address Gottfried’s complaints under state and federal law.
Cited 10 timesPublishedLucerne Products, Inc. v. Cutler-Hammer, Inc.
568 F.2d 784 · Court of Appeals for the Sixth Circuit · Sep 29, 1977
Brown, the designer-engineer of the Cutler-Hammer Catalog 8341 and 8348 speed controls, the same controls which are accused herein as infringing the Matthews patent RE. 26,267 in suit, clearly establishes that the origin … To this extent we find that the last two paragraphs quoted above are clearly erroneous.
Cited 5 timesPublishedJ. Lawroski v. Nationwide Mutual Ins. Co.
570 F. App'x 589 · Court of Appeals for the Sixth Circuit · Jul 2, 2014
, (3) that he was qualified for the position, and (4) that he was replaced by a person outside of the protected class . . . … Lawroski further argues that Ligas was not qualified for the FBD position and that Ligas did not fulfill the requirements of the FLRP.
Cited 6 timesUnpublished240 F. 241 · Court of Appeals for the Sixth Circuit · Feb 15, 1917
Just what tire deputy clerk said to Judge McCall does not clearly appear. … Clearly the surety can take nothing from that decision. In Hopkins v.
Cited 19 timesPublishedPeter J. Brennan v. Owensboro-Daviess County Hospital
523 F.2d 1013 · Court of Appeals for the Sixth Circuit · Sep 30, 1975
We also conclude that because there were aides who were also qualified to perform this duty, this task cannot be regarded as a distinguishing characteristic of the job of orderly. See, e. g., Brennan v. … in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such
Cited 1 timesPublished947 F.2d 787 · Court of Appeals for the Sixth Circuit · Oct 15, 1991
However, the statement lists the need to achieve economy and efficiency first. *801 Moreover, while the statement includes as a goal reliance on the commercial sector, that reliance is qualified by the requirement that the … Thus these Circulars arguably still qualified as a "loose managerial tool.” .
Cited 29 timesPublishedUnited States v. Divna Maslenjak
821 F.3d 675 · Court of Appeals for the Sixth Circuit · Apr 7, 2016
.§ 1451(e) goes on to establish a second, alternative path to denaturalization. … Whether a statement or misrepresentation qualifies as “testimony” is a question of law. Id. at 782 , 108 S.Ct. 1537 .
Vacated on other grounds by Maslenjak v. United States, 137 S. Ct. 1918 (2017)Cited 8 timesPublishedUnited States v. Andrey Guidry
Court of Appeals for the Sixth Circuit · Nov 16, 2021
Havis, 927 F.3d 382 (6th Cir. 2019) (en banc), the 2012 convictions did not qualify as “controlled substance offenses.” … § 333.7401 qualify as “controlled substance offenses” within the meaning of U.S.S.G. U.S.C. § 4B1.2.
Cited 0 timesUnpublishedKimberly Ondricko v. MGM Grand Detroit, LLC
Court of Appeals for the Sixth Circuit · Aug 8, 2012
That situation is clearly distinguishable from the situation alleged here: a discharge based on an ambiguous guideline, accompanied by evidence of inconsistent application, and explained on the basis of race. … , (3) she was qualified for the position, and (4) others, similarly situated and outside the protected class, were treated differently.
Cited 0 timesPublished516 F.3d 450 · Court of Appeals for the Sixth Circuit · Feb 15, 2008
This rule was established long ago in Douglas v. California, 372 U.S. 353 (1963). The majority’s reliance on the precedent set by Ross v. … Moreover, even if considered “new,” it is clearly a watershed rule of criminal procedure because it addresses the fundamental right to counsel, which is necessary to provide the accuracy and fundamental fairness that must
Cited 4 timesPublished808 F.2d 1155 · Court of Appeals for the Sixth Circuit · Dec 30, 1986
Whiteman’s comments in relaying Seligman’s offer did not “establish[] unequivocally that ... there [was] a position [and] that the job [was] immediately available.” … There was nothing to indicate that the Younces’ background and experience did not fully qualify them for employment comparable to their former position with Seligman.
Cited 15 timesPublished126 F.3d 794 · Court of Appeals for the Sixth Circuit · Sep 25, 1997
I do not believe that we do any more than ERISA has already clearly accomplished by means of its broad preemption provision, 29 U.S.C. § 1144 (a). … In the context of divorces, ERISA preempts the terms of divorce decrees except to the extent that they constitute qualified domestic relations orders. See Metropolitan Life Ins. Co. v.
Cited 45 timesPublished
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