Case law

United States v. Henry F. Bell

351 F.2d 868 · Court of Appeals for the Sixth Circuit · Oct 14, 1965

They all said that they could give the defendant the benefit of the presumption of innocence and acquit him unless his guilt was established beyond a reasonable doubt. … “As to the first ground of the motion, the evidence clearly shows that Roberts was not a witness before the grand jury and had no knowledge of this ease, and the preponderance of the evidence establishes that Mrs.

Andrews v. Columbia Gas

Court of Appeals for the Sixth Circuit · Oct 10, 2008

easement implies the right to maintain it in accordance with federal regulations), the rights granted in an easement ultimately 8 Plaintiffs make a passing reference to the argument that Seibert was not qualified … Here, plaintiffs allege that Columbia Gas failed to protest the trees; this is tantamount to alleging mere silence and is therefore insufficient to establish waiver under Ohio law.13 2.

Monistere v. Memphis Police Dept

115 F. App'x 845 · Court of Appeals for the Sixth Circuit · Dec 17, 2004

custom, or usage, of any State...subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … In sum, the record clearly supports the conclusion that Embrey’s decision was (1) final, (2) not reviewable, and (3) unconstrained by the existing policies and practices of his supervisory officers.

Mosley v. Hairston

920 F.2d 409 · Court of Appeals for the Sixth Circuit · Jan 9, 1991

She asserts that while the Family Support Act of 1988 clearly requires changes in the regulations concerning entitlement to passthrough payments, the statute is ambiguous in failing to define payments "made ... in the month … The county defendants, who are not immunized by the Eleventh Amendment, have not appealed. The Eleventh Amendment prohibits the claim against the state defendants for past support payments under the facts of this case.

Jack Amariglio-Dunn v. John McCoy

12 F.3d 211 · Court of Appeals for the Sixth Circuit · Dec 6, 1993

The defendants moved for summary judgment, arguing that the plaintiff was not qualified for the position and that, even if he were qualified, they possessed a legitimate, non-discriminatory reason for not hiring him. … The plaintiff simply did not show sufficient corporate travel experience to qualify.

United States v. Moncivais

Court of Appeals for the Sixth Circuit · Jul 10, 2007

The evidence in this case, under the Guidelines and as a matter of due process, is clearly above the minimum standard of reliability required for the evidence to be admissible at sentencing. … First, Defendant contends that the substance of his participation in the conspiracy did not establish that he was an organizer or leader.

Hollis Malin, Jr. v. JP Morgan Chase Bank, NA

558 F. App'x 641 · Court of Appeals for the Sixth Circuit · Mar 21, 2014

Accordingly, the district court properly analyzed whether the Malins’ purported expert was qualified to opine on this issue under the criteria outlined in Daubert v. … As the district court’s findings were not clearly erroneous, the district court did not abuse its discretion in deciding not to admit this witness as an expert on the only relevant issue, the authenticity of the mortgage

James Young v. Parke-Davis & Company

884 F.2d 581 · Court of Appeals for the Sixth Circuit · Aug 24, 1989

Uncontroverted evidence establishes that after announcement of the elimination of Young's job, Parke-Davis never failed to employ Young in a position for which Young was qualified and for which he applied. 17 While the district … The court in Toussaint recognized that normally, non-contract employees are terminable at will, and an exception to this rule exists only where an employer's oral or written communications clearly evidence an agreement to

Tracy Jones v. Sandusky County, Ohio

652 F. App'x 348 · Court of Appeals for the Sixth Circuit · Jun 15, 2016

After defendants’ interlocutory appeal from the denial of qualified immunity was denied, Jones v. Sandusky County, 541 F. … The denial of a Rule 59(a) motion is reviewed for an abuse of discretion, which occurs when a district court “relies on clearly erroneous findings of fact, improperly applies the law, or uses an erroneous legal standard

Harris v. METRO. GOV'T NASHVILLE & DAVIDSON CO. TN

594 F.3d 476 · Court of Appeals for the Sixth Circuit · Feb 5, 2010

Although defendant argues that the coaching supplement was not part of plaintiffs “pay,” it clearly was part of his compensation. … employment action, (3) he was otherwise qualified for the position, and (4) he was rejected and someone outside the protected class was selected.

Americans United for Separation of Church & State v. School District

718 F.2d 1389 · Court of Appeals for the Sixth Circuit · Sep 23, 1983

The Court’s decisions in Allen, Meek and Wolman clearly teach that the state may provide secular written texts to pupils attending sectarian schools without violating the establishment clause. … plaintiffs is a citizen of the United States and a resident within said school district and pays income taxes and other taxes to the United States, and to the State of Michigan and the said school district, and each is a qualified

E. W. Bliss Company v. United States

426 F.2d 12 · Court of Appeals for the Sixth Circuit · May 7, 1970

In 1950, 1951 and 1952 the taxpayer qualified as a member of the depressed industry subgroup designated as “Manufacture of Metalworking Machinery, Including Machine Tools.” … Since the dividends from this stock were not subject to the excess profits tax, it is contended by the Government that Congress clearly intended to exclude inadmissible assets from total assets in determining the average

Susan E. Daughenbaugh, Cross-Appellee v. Bethlehem Steel Corp., Great Lakes Steamship Div., Cross-Appellant

891 F.2d 1199 · Court of Appeals for the Sixth Circuit · Dec 14, 1989

Gary Gnacinski (“Gnacinski”), an M/V Foy Oiler and Qualified Man in the Engine Department, as well as Gintz and Chirkun, all testified that if a seaman became intoxicated while on shore leave, the officers and crew looked … Additionally, Atlass is clearly distinguishable from the case at bar.

United States v. Robert Wallace

Court of Appeals for the Sixth Circuit · Apr 11, 2022

This establishes proper venue for the cocaine conspiracy in the Eastern District. … Ultimately, none of Wallace’s procedural arguments establishes plain error. B.

David Payne v. Benteler Auto. Corp.

Court of Appeals for the Sixth Circuit · May 25, 2022

“If two reasonable decisionmakers could consider the candidates’ qualifications and arrive at opposite conclusions as to who is more qualified, then clearly one candidate’s qualifications are not significantly better than … Despite these disparities, we “[found] that while Plaintiff may not have been a ‘plainly superior candidate’ . . . , Plaintiff was as qualified if not more qualified than Lucas.” Id.

Gregg v. Transportation Workers of America International

343 F.3d 833 · Court of Appeals for the Sixth Circuit · Sep 11, 2003

Unlike pension plans, welfare plans include those “established or ... maintained for the purpose of providing ... medical, surgical or hospital care or benefits.” Id. at § 1002(1). … Life insurance plans qualify as welfare plans. Metro. Life Ins. Co. v. Bigelow, 283 F.3d 436 , 440 n. 3 (2d Cir.2002); Filipowicz v. Am. Stores Benefit Plans Comm., 56 F.3d 807, 815 (7th Cir.1995); Brandon v.

United States v. Kitroy Buchanan

933 F.3d 501 · Court of Appeals for the Sixth Circuit · Jul 31, 2019

Testimony and exhibits also established that, besides the California contact, Buchanan regularly communicated with an individual located in or near Erie, Pennsylvania about delivering packages. … The district court reiterated, “Unless there’s some need, I didn’t think that would qualify as opinion testimony.” Id. Defense counsel agreed, “No, Your Honor.” Id.

United States v. Jaime Pina, Jr.

Court of Appeals for the Sixth Circuit · Aug 14, 2018

The attorney did not secure an immunity agreement for that testimony. … The district court ordered Angel to testify and granted him immunity for his statements. But Angel still refused.

Mece v. Gonzales

Court of Appeals for the Sixth Circuit · Jul 20, 2005

When the regime fell, the petitioner became a member of the Democratic Party and helped establish a branch of the party in Kolonja. … The doctor was clearly reporting that the fracture was of the sinister humeral scapula. No. 03-4082 Mece, et al. v.

American Civil Liberties Union, and Micki Levin v. City of Birmingham

791 F.2d 1561 · Court of Appeals for the Sixth Circuit · Jun 11, 1986

There was to be no established national church in the United States. However, the Establishment Clause was concerned with a larger evil, most often embodied in the establishment of official churches. … In our opinion, the city-owned and city-sponsored nativity scene sends quite a different message when it stands alone as the only clearly identifiable symbol chosen by the city to mark its contribution to the celebration.