Case law

D. Archie Hale v. ABF Freight System, Inc.

503 F. App'x 323 · Court of Appeals for the Sixth Circuit · Oct 25, 2012

he was qualified for the position held; and (4) he was replaced by a younger worker. … It is clear that until the issues with Laney surfaced in 2009, Hale was considered a competent, qualified employee.

Columbia Gas of Ohio, Inc. v. Utility Workers Union of America, Local 349

329 F. App'x 1 · Court of Appeals for the Sixth Circuit · May 15, 2009

to do so (49 U.S.C. § 60102(a)(3)); and (2) develop a qualification program to ensure that individuals who perform covered tasks are qualified to do so (49 U.S.C. § 60131(a)). … Relying on near universal laws against such conduct, including criminal statutes, the court found that the award, if enforced, “would violate clearly established public policy which condemns the operation of passenger airliners

Kitley v. Supreme Court of U.S.

899 F.2d 14 · Court of Appeals for the Sixth Circuit · Apr 6, 1990

Kitley's claims against the Supreme Court and its members are clearly frivolous within the meaning of Sec. 1915(d). See Nietzke v. … The justices in their individual capacities are absolutely immune from suit. Pierson v. Ray, 386 U.S. 547, 553-54 (1967).

Botir Rakhmatillaev v. Eric H. Holder, Jr.

351 F. App'x 25 · Court of Appeals for the Sixth Circuit · Nov 2, 2009

The burden is on the applicant to establish that he or she qualifies as a refugee. 8 C.F.R. § 1208.13(a). -5- No. 08-3847 Rakhmatillaev v. … After discrediting Rakhmatillaev’s account, the IJ determined that because Rakhmatillaev had identified no other events that would support his asylum claim, he had “clearly and without a doubt” not established past persecution

Davis v. Mutual Life Insurance

6 F.3d 367 · Court of Appeals for the Sixth Circuit · Sep 21, 1993

State Law Claims At trial, each defendant insurance company asserted its immunity from liability arising from Donald Fletcher’s tax preparation activities. … TWA argued below that the testimony was offered to establish Johnson’s distraught state of mind when she took the stand.

Nationwide Mutual v. Home Insurance Co.

Court of Appeals for the Sixth Circuit · Nov 29, 2005

its analysis. 748 F.2d at 83 (“[T]o disqualify any arbitrator who had professional dealings with one of the parties (to say nothing of a social acquaintanceship) would make it impossible, in some circumstances, to find a qualified … Tex. 2004), for the proposition that the mere fact of nondisclosure establishes an appearance of bias and, hence, evident partiality.

Guzowski v. Hartman

969 F.2d 211 · Court of Appeals for the Sixth Circuit · Aug 12, 1992

A division within a corporate structure pursues the common interests of the whole rather than interests separate from those of the corporation itself; a business enterprise establishes divisions to further its own interests … Judge Churchill dismissed the count after deciding that the state's pervasive regulation of the racetracks imbued the individual defendants with antitrust immunity under the state action doctrine.

Allan Neal Rawlings v. Veterans Administration Medical Center

999 F.2d 540 · Court of Appeals for the Sixth Circuit · Jul 6, 1993

999 F.2d 540 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 … Claims that lack an arguable basis in law include claims for which the defendants are clearly entitled to immunity and claims of infringement of a legal interest which clearly does not exist.

United States v. Fortrell Sain

421 F. App'x 591 · Court of Appeals for the Sixth Circuit · May 3, 2011

Sain also argues that Beaver did not rely on established precedent in good faith because he was unaware of the relevant precedent. This argument has no merit. … Fortrell Sain Accordingly, Beaver’s search of the Mustang incident to Sain’s arrest was valid under this circuit’s clearly established pre-Gant caselaw, and pursuant to Buford, the good-faith exception applies.

40 Fair empl.prac.cas. 1343, 40 Empl. Prac. Dec. P 36,108 Gwendolyn E. Jones v. The Continental Corporation the Continental Insurance Company Bud Meulemans and R.R. Barsanti

789 F.2d 1225 · Court of Appeals for the Sixth Circuit · May 6, 1986

She claimed to have been passed over for promotion to supervising underwriter in favor of a less-qualified white employee (Carol Brown) who transferred from the San Francisco office. … then amended her complaint to add the final claim that her termination was racially-motivated, and that the proffered excuse was mere pretext. 5 The district court found that Jones's proof was so insubstantial that she had established

Percy Dwayne Brown v. Louisville-Jefferson Cnty. Metro Gov't

135 F.4th 1022 · Court of Appeals for the Sixth Circuit · Apr 30, 2025

Alcorn argued that Brown failed to plead facts establishing his liability for Brown’s § 1983 claims. … The malicious- prosecution claim was dismissed based on prosecutorial immunity and the fabrication-of- evidence claim was dismissed as untimely. Id.

Lucinda Jones v. Hamilton County

Court of Appeals for the Sixth Circuit · Nov 8, 2023

Jones therefore failed to establish standing to seek declaratory relief for Judge McKeague’s alleged violation of her constitutional rights. … Jones’s claims against Judge McKeague were erroneously brought under § 1983 and were barred by judicial immunity.

United States v. Eric Worley

Court of Appeals for the Sixth Circuit · Jun 1, 2021

But when “the defendant admits to involvement in numerous drug transactions, it is not clearly erroneous for the court to determine that a preponderance of the evidence establishes that the defendant has been involved … The district court therefore did not clearly err in relying on the PSR’s summary of Worley’s statements regarding his prior drug purchases.

Michigan Bell Telephone Compan v. Laura Chappelle

Court of Appeals for the Sixth Circuit · Feb 23, 2010

So, let us begin by restating it, as clearly and succinctly as we can, and then proceed to what it means. Based on our plain reading, we find the most plausible “translation” to be: 136. … The answer is clear: to describe and differentiate two types of facilities for which it had not yet established names.

Daniel v. Ohio Cas. Ins. Co.

935 F.2d 269 · Court of Appeals for the Sixth Circuit · Jun 4, 1991

Kentucky's highest court has spoken clearly on this matter. In Allen v. … Under Kentucky law, plaintiffs were entitled to no additional, qualifying information.

Kewanee Oil Company v. Bicron Corporation

478 F.2d 1074 · Court of Appeals for the Sixth Circuit · May 10, 1973

The District Court found that Kewanee had failed to establish that the remaining 20 processes, procedures and manufacturing techniques were in fact trade secrets. … It thus appears to be well established that the policy of the patent law is to secure protection to the inventor in exchange for the disclosure of the invention at the expiration of the patent.

United States v. Gezim Selgjekaj

678 F. App'x 379 · Court of Appeals for the Sixth Circuit · Feb 7, 2017

Selgjekaj clearly erroneous facts, or failing to adequately explain the chosen sentence.” Gall, 552 U.S. at 51. 1. … First, by failing to charge the tellers or grant them immunity, the Government led the tellers to assert their Fifth Amendment Privilege at trial, which prevented Defendant from extracting exculpatory testimony from the

Hendrey v. United States

233 F. 5 · Court of Appeals for the Sixth Circuit · Apr 4, 1916

Clearly, such evidence must be considered only as against the one respondent directly affected. … That there was also established the Night and Day Bank of Kansas City, Missouri, with C. A.

Polyweave Packaging, Inc. v. Peter Buttigieg

51 F.4th 675 · Court of Appeals for the Sixth Circuit · Oct 20, 2022

Polyweave’s claim here clearly differs from the claims in Mokdad because Polyweave is not challenging the action of a separate agency. … To establish a case or controversy, Polyweave needed to prove its standing.

Richard Thompson v. Lansing, City of

410 F. App'x 922 · Court of Appeals for the Sixth Circuit · Feb 10, 2011

To do this, a plaintiff must establish: (1) he is a member of a protected class; (2) he was qualified for his job; (3) he suffered an adverse employment decision; and (4) he was treated 1 As mentioned … Hairston was hired as a “trainee” because, as the 2006/2007 roster clearly indicates, he needed to attend the police academy. Mr.