Case law

Daneshvar v. INS

Court of Appeals for the Sixth Circuit · Jan 20, 2004

It is therefore unclear whether or not an act that designated by the Secretary of State under section 219 of such would qualify as “engage in terrorist activity” must at the same time be Act (8 U.S.C. 1189 … circumstances clearly show an abuse of discretion, that § 1182(a)(3)(B)(vi)(III). Compare 8 U.S.C.

Pipefitters Local 636 Insurance Fund v. Blue Cross Blue Shield of Michigan

654 F.3d 618 · Court of Appeals for the Sixth Circuit · Aug 12, 2011

The individual actions would create the risk of inconsistent adjudication that would establish incompatible standards of conduct. … ASC customer to determine whether BCBSM actually controls “plan assets” so as to qualify as an ERISA fiduciary.

Morelock v. NCR Corp.

586 F.2d 1096 · Court of Appeals for the Sixth Circuit · Oct 6, 1978

Although not clearly articulated in their briefs on appeal, plaintiffs appear to assert two arguments. … Fourthly, the evidence does not establish that the seniority system effectuated a classification of senior techs by age.

Phedrek Davis v. Debra Johnson

661 F. App'x 869 · Court of Appeals for the Sixth Circuit · Sep 20, 2016

The prosecutor certainly could .have more clearly qualified her comments as theory or assumption. … Davis first argues that the last reasoned state court decision on his federal due process claim was contrary to clearly established Supreme Court precedent because the state court “neither cited, identified, nor applied the

Angela Burton v. Appriss, Inc.

682 F. App'x 423 · Court of Appeals for the Sixth Circuit · Mar 15, 2017

Burton and Appriss agree that the first factor is met, but they dispute whether Burton’s job duties qualify under the second and third factors. … Clearly, upselling or selling new products is merely collateral to the primary duty of maintaining customer satisfaction and retaining existing accounts.

Gibbs v. Norman

61 F.3d 903 · Court of Appeals for the Sixth Circuit · Jul 11, 1995

The court, however, did not address Gibbs' complaint regarding removal of the steel plate. 8 Defendants filed a motion to dismiss, or, in the alternative, for summary judgment based upon Eleventh Amendment immunity and failure … complaint to address only the facts relevant to the removal of the steel plate and the liposuction, and to strike the psychologist's report attached to the defendants' motion. 10 The magistrate judge held that the record clearly

Janice Konkol v. Diebold, Inc.

Court of Appeals for the Sixth Circuit · Dec 22, 2009

“To qualify as ‘strong’ . . . , an inference of scienter must be more than merely plausible or reasonable—it must be cogent and at least as compelling as any opposing inference of nonfraudulent intent.” … But ranking employees based on the amount of revenue they produce is not relevant to whether the Defendants knew that Diebold was reporting false earnings unless these reports clearly reflected the revenue-recognition scheme

Director, Office Of Workers' Compensation Programs, United States Department Of Labor v. Detroit Harbor Terminals, Inc.

850 F.2d 283 · Court of Appeals for the Sixth Circuit · Sep 21, 1988

He interprets this provision as indicating that while disability must commence prior to the amendments' effective date to permit special fund reimbursement, death must actually occur before that time to similarly qualify. … Hodgson argued before the House that: One problem which should be considered is whether there is a need to establish a special fund to compensate insurers for increased benefit payments.

Chamberlin v. Commissioner of Internal Revenue (Two Cases). Toner v. Commissioner of Internal Revenue. Carl v. Commissioner of Internal Revenue. Schrock v. Commissioner of Internal Revenue. Pierce v. Commissioner of Internal Revenue

207 F.2d 462 · Court of Appeals for the Sixth Circuit · Oct 14, 1953

within the principles established in Towne v. … In our opinion, the redemption feature, qualified as it was with respect to premiums, amounts subject to redemption in each year, and the length of time the stock would be outstanding, together with the acceptance of the

Solvay Pharm Inc v. Duramed Phar Inc

Court of Appeals for the Sixth Circuit · Mar 22, 2006

Had the parties intended the exclusive remedy/no damages clause to limit the proper matters for arbitration—as opposed to the relief appropriate under the CPA—they likely would have included some qualifying language. … Page 12 surrounding the execution of the two documents and how the arrangement established by the later document departed from that established by the first—including the longer term, the financial risk borne by Solvay,

Cantrell v. GAF Corp.

999 F.2d 1007 · Court of Appeals for the Sixth Circuit · Jul 26, 1993

To establish an intentional tort of an employer, proof beyond that required to prove negligence and beyond that to prove recklessness must be established. … Under these circumstances, any right that defendants might have had under section 1343.03 to an oral hearing on plaintiffs’ motion was clearly and unequivocally waived.

Joel R. Gaff v. Federal Deposit Insurance Corporation

919 F.2d 384 · Court of Appeals for the Sixth Circuit · Nov 19, 1990

The FDIC can also establish a Deposit Insurance National Bank, also called a "bridge bank." … The FDIC has established few Deposit Insurance National Banks in its history.

Burke-Johnson v. Department of Veterans Affairs

211 F. App'x 442 · Court of Appeals for the Sixth Circuit · Dec 20, 2006

Burke-Johnson’s Evidence of Pretext The Secretary does not dispute that Burke-Johnson has established a prima facie case of race discrimination. … Although this precise issue does not appear to have been raised in the district court, we will entertain it because the parties’ briefing clearly frames the issue and no further factual development is required to dispose

33 Fair empl.prac.cas. 380, 29 Empl. Prac. Dec. P 32,960, 11 Fed. R. Evid. Serv. 564

685 F.2d 164 · Court of Appeals for the Sixth Circuit · Aug 3, 1982

Conversely, contractors have pointed to the union's entrance requirements and decried them as constraints on their efforts to find qualified blacks. … This is clearly contrary to the trend in cases employing this type of statistical analysis. 6 We seriously doubt that none of appellants' evidence was probative.

United States v. Arnold

Court of Appeals for the Sixth Circuit · May 18, 2007

See supra at 5 (noting that, to qualify a statement as an excited utterance, “a party must show three things”). … Nor, at any rate, is it clearly the case, or even somewhat clearly No. 04-5384 United States v.

Garner Padgett v. David Sexton

529 F. App'x 590 · Court of Appeals for the Sixth Circuit · Jul 2, 2013

I’m not in any way qualified to make any sort of diagnosis of anybody’s mental condition. … “The state court’s application of clearly established law must be objectively unreasonable.” Id.

Robinson v. Gundy

174 F. App'x 886 · Court of Appeals for the Sixth Circuit · Mar 30, 2006

Circuit law is relevant only to the question of whether a law is clearly established; it is not an independent source of federal law. Hill v. Hofbauer, 337 F.3d 706, 716 (6th Cir. 2003). B. … Although clearly established as a constitutional violation, the act of routine shackling is subject to review for harmless error. See Deck, 125 S. Ct. at 2015; Lakin, 431 F.3d at 966.

Eleanor Fulgenzi v. PLIVA, Inc.

711 F.3d 578 · Court of Appeals for the Sixth Circuit · Mar 13, 2013

No. 98-417, 98 Stat. 1585 (1984), establishes different approval processes for branded- and generic-drug manufacturers. … The district court reasoned that “regardless of how Plaintiff attempts to cast these claims, they are at the core, failure-to-warn claims that are clearly preempted by Mensing.”

Ying Chen v. Eric Holder, Jr.

580 F. App'x 332 · Court of Appeals for the Sixth Circuit · Sep 8, 2014

The determination of whether the applicant qualifies for asylum is within the discretion of the Attorney General. 8 U.S.C. § 1158(b)(1)(A); Cardoza- Fonseca, 480 U.S. at 423. … This standard to qualify for withholding of removal, however, “is even higher” than the standard for asylum, requiring the alien “to demonstrate a clear probability that she would more likely than not be subject to persecution

Rainer v. Union Carbide Corp

Court of Appeals for the Sixth Circuit · Mar 8, 2005

[But e]ven though a person with HIV does not have ‘clinical disease’ they are clearly in a diseased state.” … Like the plaintiffs in the present case, the plaintiffs in Werlein claimed “chromosomal breakage” and “damage to the cardiovascular and immunal systems.” Id.