Case law

Stevens v. Federal Reserve Bd. of Governors

935 F.2d 271 · Court of Appeals for the Sixth Circuit · Jun 11, 1991

935 F.2d 271 Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service … The action lacks an arguable basis in law because the State of Michigan and its agencies are entitled to eleventh amendment sovereign immunity. See Kelley v.

Doreen Ricco v. John E. Potter, Postmaster General

377 F.3d 599 · Court of Appeals for the Sixth Circuit · Jul 27, 2004

Section 207 does not clearly prevent such hours from counting, and the purpose of the FMLA's hours-of-service requirement is properly served by including these hours. … ) 38 MERRITT, Circuit Judge, concurring. 39 The defendant-employer in this case discharged plaintiff wrongfully, preventing her continued work, according to a now-final, arbitration award, and thereby prevented her from qualifying

Davis v. Straub

Court of Appeals for the Sixth Circuit · Dec 1, 2005

Holdings of the Supreme Court, not dicta, clearly establish federal law. Id. at 412. … See Williams, 529 U.S. at 412 (With the caveat that the source of clearly established law is Supreme Court jurisprudence, “whatever would qualify as an old rule under our Teague jurisprudence will constitute ‘clearly established

Ronald L. Jordan v. Georgia Deloris Manzie

817 F.2d 104 · Court of Appeals for the Sixth Circuit · Apr 28, 1987

817 F.2d 104 Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service … The court clearly did not rely on the outside information and the court's reference to it is irrelevant. 5 For the foregoing reasons, this panel unanimously agrees that oral argument is not necessary in this appeal.

United States v. Snowden

218 F. App'x 443 · Court of Appeals for the Sixth Circuit · Feb 26, 2007

Even in the most generous interpretation, Snowden still qualifies as a career offender. … These examples address scenarios that would otherwise qualify as “related,” but nevertheless are so serious that an upward departure is appropriate.

United States v. Tarnisha Woods

367 F. App'x 607 · Court of Appeals for the Sixth Circuit · Mar 1, 2010

The Agreement also stated: The Sentencing Guidelines, which establish the penalty range, will be computed on the total amount of relevant conduct. … In any event, the district court clearly has authority to impose both a restitution award and a fine, and it can fairly be inferred that the district court considered the factors for both restitution and fine. 18 U.S.C.

MaryGene Baldwin v. Wright Patterson Air Force Base

463 F. App'x 487 · Court of Appeals for the Sixth Circuit · Feb 8, 2012

Because we agree that Baldwin’s non-selection claim fails on the merits, we need not address the exhaustion issue. 6  WPAFB concedes that Baldwin has established … Clearly, her purported qualification falls outside of the category parameters and Corcoran did not wrongly deny her credit for it.

Moses v. Providence Hospital & Medical Centers, Inc.

561 F.3d 573 · Court of Appeals for the Sixth Circuit · Apr 6, 2009

Without such guidance, we hold that a mental health emergency could qualify as an “emergency medical condition” under the plain language of the statute. A. … Congress clearly knew how to make individuals responsible under the statute, because it did so in the provision subjecting violators to federal enforcement.

United States v. Julian Lawrence (88-2056) Carlena Lawrence (88-2086) Eartha D. Gaines (88-2087) Michael Lawrence (88-2109) and Bernard Peoples (88-2135)

892 F.2d 80 · Court of Appeals for the Sixth Circuit · Dec 18, 1989

892 F.2d 80 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 … There, this court was faced with the question of whether twelve pages of undated, unsigned, handwritten notes qualified as "business records."

Harry Bout v. Robert M. Harrison, Clerk, 22nd Circuit Court Helen B. Hagen, Deputy Clerk, 22nd Circuit Court

914 F.2d 255 · Court of Appeals for the Sixth Circuit · Sep 19, 1990

914 F.2d 255 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 … Finally, it was not clearly erroneous for the district court to find that the plaintiff was treated as any other civil plaintiff pursuing default in the defendants' court.

Ramona Hillman v. Shelby County

515 F. App'x 365 · Court of Appeals for the Sixth Circuit · Feb 13, 2013

To establish a prima face case of gender discrimination under Title VII, a plaintiff must show that “‘(1) she is a member of a protected group; (2) she was subjected to an adverse employment decision; (3) she was qualified … Shelby County did not contend that she was not qualified for her position as a correctional officer, so the second element of her prima facie case is also met.

United States v. Michael I. Monus

128 F.3d 376 · Court of Appeals for the Sixth Circuit · Feb 20, 1998

We find that the District Court’s -factual determinations on these issues were not clearly erroneous-. … Statements that “identify participants and their roles in the conspiracy” also qualify as statements made in furtherance of the conspiracy. Clark, 18 F.3d at 1342 .

Glover v. Johnson

138 F.3d 229 · Court of Appeals for the Sixth Circuit · Mar 2, 1998

Placing the blame on the defendants for this inability, the court concluded that the defendants “are clearly not in substantial compliance with the goals of apprenticeship programming as established in the Remedial Plan. … It further noted that while the defendants are not required to provide vocational, apprenticeship, or college programming at camp facilities, it has nonetheless “been the longstanding commitment of Defendants that qualified

Republic Steel Corporation v. Costle

621 F.2d 797 · Court of Appeals for the Sixth Circuit · Apr 17, 1980

The exception was broadened by the elimination of this qualifying language. … While there may yet be developed (and hopefully will be) a better method of establishing a control strategy for sulfur dioxide emissions than the RAM model, no one has yet come forward with such.

United States v. David Stafford

258 F.3d 465 · Court of Appeals for the Sixth Circuit · Jul 17, 2001

If this substance does not qualify as "cocaine base" or "crack" under the Sentencing Guidelines, then the total amount of "cocaine" chargeable to Defendant, in both powder and "freebase" form, would be 249.90 grams. … Moreover, language in Harper, Ramirez, and Flowal clearly anticipated Strayhorn: See Harper, 246 F.3d at 530 ("[defendant's] Apprendi argument clearly would have merit if the indictment failed to charge him with conspiracy

Demarcus Rogers v. United States

561 F. App'x 440 · Court of Appeals for the Sixth Circuit · Mar 31, 2014

Rogers also qualified as an armed career criminal under 18 U.S.C. § 924(e), which meant that the statutory sentencing range was 15 years to life. … United States court unless they are clearly erroneous.” Hilliard v. United States, 157 F.3d 444, 447 (6th Cir. 1998).

Island Creek Kentucky Mining Co. v. William Belt

Court of Appeals for the Sixth Circuit · Nov 6, 2020

Belt’s counsel would be well-served to remember to address each argument an appellant makes clearly and thoroughly. … Aug. 15, 2018) (“[T]he fact that claimant had non-qualifying blood gas results before June 2016, does not, in and of itself, establish that he was not totally disabled at that time.”).

Jean Alcius v. Eric H. Holder, Jr.

374 F. App'x 583 · Court of Appeals for the Sixth Circuit · Mar 23, 2010

The applicant has the burden of establishing that he or she qualifies as a refugee. Mapouya, 487 F.3d at 406 . … Therefore, he does not qualify for asylum or withholding of removal. 3 (P. App’x 42.)

Benjamin v. Schuller

246 F. App'x 905 · Court of Appeals for the Sixth Circuit · Aug 8, 2007

McDonnell Douglas requires Plaintiff to establish that (1) he is a member of a protected class; (2) that he suffered an adverse employment action; (3) that he was qualified for the position; and (4) that he or was replaced … Argument Plaintiff argues that the district court’s finding that he had failed to establish that he was qualified to retain his medical privileges based upon the results of his peer review was in error.

Balance Dynamics v. Schmitt Industries

Court of Appeals for the Sixth Circuit · Feb 25, 2000

These issues pertain to the standards for establishing a violation of the Lanham Trade-Mark Act, the relief available once a violation is established, and the method of proofs necessary to establish entitlement to such relief … literally false or deliberately false, where the plaintiff has no other proof of damages to its business; and (3) whether out-of-state, individual corporate officers who were personally involved in a Lanham Act violation are immune