Case law

National Tube Co. v. Mark

216 F. 507 · Court of Appeals for the Sixth Circuit · Jul 25, 1914

We think a review of the controlling principles, of the authoritative cases, and of the established Patent Office practice, in the light of which its grants must be considered, demonstrate that, at least in all recent patents … But when challenged in a court of justice as too broad, the words ‘substantially as herein described,’ may be resorted to as qualifying this claim of a function, result, or principle, and arguing that as the specification

Morgan v. Gandalf, Ltd.

165 F. App'x 425 · Court of Appeals for the Sixth Circuit · Jan 31, 2006

Thus, to qualify for the - 14 - exemption, defendants were required to establish all three of the above elements by a preponderance of the evidence. … On such a record, defendants would clearly have failed to carry their burden of satisfying the second essential element of their MCA defense.

Wedgewood Ltd. Partnership I v. Township of Liberty

610 F.3d 340 · Court of Appeals for the Sixth Circuit · Jun 28, 2010

“a red herring[,]” noting that the proper issue was whether the zoning commission had the authority to eliminate the zoning 8 It is unclear under Ohio law whether Wedgewood’s October 2003 application qualifies … “To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

Cela v. Gonzales

205 F. App'x 376 · Court of Appeals for the Sixth Circuit · Nov 8, 2006

Gonzales establishing a right to withholding of removal than in demonstrating asylum eligibility, an alien who fails to qualify for asylum necessarily does not qualify for withholding of removal.” Id. A. … Gonzales were clearly understood by the IJ.

William Andrew Wright v. Stephen Spaulding

Court of Appeals for the Sixth Circuit · Sep 19, 2019

From the beginning, § 2255 was qualified by a saving clause—in non-legalese, an “unless.” … A legal conclusion that is necessary to the judgment qualifies.

United States v. Robert Starnes, Jr.

501 F. App'x 379 · Court of Appeals for the Sixth Circuit · Sep 26, 2012

Defendant clearly informed the officers that he was no longer on parole, and he told them, “You’re not supposed to be here.” … In regards to the arresting officers, the government’s argument might hold more weight in the context of a civil action, since those officers arguably would be entitled to qualified immunity.

Frenchtown Acquisition Co. v. National Labor Relations Board

683 F.3d 298 · Court of Appeals for the Sixth Circuit · Jun 20, 2012

to determine, within reason, what scope of discretion qualifies.” … But these cases do not establish that the nurses in question are supervisors for two reasons.

Coalition to Defend Affirmative Action, Integration & Immigrant Rights v. Regents of the University of Michigan

652 F.3d 607 · Court of Appeals for the Sixth Circuit · Sep 9, 2011

[T]o cultivate a set of leaders with legitimacy in the eyes of the citizenry, it is necessary that the path to leadership be visibly open to talented and qualified individuals of every race and ethnicity.” … Yet even using the dissent’s erroneous definition of “political” as “electoral,” the admissions committees here still qualify as “political.”

Robert Diebel v. L & H Resources, LLC

492 F. App'x 523 · Court of Appeals for the Sixth Circuit · Jul 10, 2012

Moreover, L&H clearly articulated its reason for not recalling Diebel immediately to a job on which LaFrance was the foreman (i.e., his inefficiency at block laying) and its reason for not recalling Diebel generally (i.e … App’x 393, 396 n.3 (6th Cir. 2006) (“Evidence sufficient to establish a prima facie case is not necessarily sufficient to establish pretext.”).

Jack Calhoun, Jr. v. Life Ins. Co. of North America

665 F. App'x 485 · Court of Appeals for the Sixth Circuit · Dec 15, 2016

Accordingly, we have awarded the claimant benefits where objective medical evidence clearly established the claimant’s disability, even in circumstances where the plan administrator’s decision-making process “was unquestionably … Because LINA produced no credible evidence that undermined the objective medical evidence that clearly established Calhoun’s *498 disability, we remand this case to the district court for reinstatement of Calhoun’s disability

United States v. Edward Evans

Court of Appeals for the Sixth Circuit · Apr 28, 2010

statutory-rape guilty plea, and the Affidavit of Complaint.4 The plea transcript states: 3 This circumstance is to be distinguished from circumstances in which the statutory definition of the offense clearly … We VACATE Evans’s sentence and REMAND for resentencing after reconsideration whether Evans’s prior conviction qualifies as a crime of violence under Begay and our recent cases.

United States v. Evans Landscaping, Inc.

Court of Appeals for the Sixth Circuit · Mar 18, 2021

Evans Landscaping could not qualify for EDGE or SBE status. … Because we are limited to plain-error review, it is defendants’ burden to establish that, “taken as a whole, the jury instructions were so clearly erroneous as to likely produce a grave miscarriage of justice.”

Kalaj v. Gonzales

137 F. App'x 851 · Court of Appeals for the Sixth Circuit · Jun 24, 2005

Immigration Judges, acting on behalf of the Attorney General, have discretion to grant asylum to any alien who qualifies as a “refugee.” Yu v. Ashcroft, 364 F.3d 700, 702 (6th Cir. 2004). … the law, the IJ makes a clearly erroneous factual determination, or the Board needs to reverse the IJ’s decision.”

Mezibov v. Allen

Court of Appeals for the Sixth Circuit · Jun 16, 2005

Wainwright, 372 U.S. 335, 344 (1963) (“In returning to these old precedents, sounder we believe than the new, we but restore constitutional principles established to achieve a fair system of justice. … He is clearly on sound constitutional ground here. . . .

Dominique Dushon Gilbert v. United States

64 F.4th 763 · Court of Appeals for the Sixth Circuit · Apr 7, 2023

We held that he could establish Strickland prejudice by establishing that he would have negotiated a better plea; thus, “with proper advice, the outcome of those negotiations would have been different.” Id. at 490. … App’x 138, 141 (6th Cir. 2020) (stating that “[t]hat statute leaves no room to maneuver”),6 we have not yet considered whether a separate state sentence qualifies as “any other term of imprisonment.”

Smith v. Chattanooga-Hamilton County Hosp. Authority

829 F.2d 1126 · Court of Appeals for the Sixth Circuit · Sep 24, 1987

If such a case is established, the defendant must articulate a legitimate, nondiscriminatory reason for the action taken. … See McDonnell Douglas, 411 U.S. at 802 . 13 Smith clearly carried her burden at the first stage and presented sufficient proof to establish a prima facie case of discrimination.

Thomas Blume v. John E. Potter, Postmaster Gen

289 F. App'x 99 · Court of Appeals for the Sixth Circuit · Aug 14, 2008

To establish a prima facie case under the Rehabilitation Act, Blume must prove: (1) that he is a person with a disability as defined by the Act; (2) that he is otherwise qualified; and (3) that he was subject to discrimination … Third, Blume argues that the Postal Service was clearly aware of his temper problems because it had previously warned him about prior temper outbursts.

Eric Gunnels v. Robert Kenny

700 F. App'x 478 · Court of Appeals for the Sixth Circuit · Jul 20, 2017

Thus, a plaintiff may overcome an officer’s qualified immunity in the Fourth Amendment context, despite that officer’s reliance on a warrant, if the plaintiff can show that (1) the officer made the false statements knowingly … and intentionally or with a reckless disregard for the truth; and (2) without the false statements or omissions, the remainder of the affidavit on which the warrant is based is insufficient to establish probable cause.

Debbie Rogers Barnes, Lisa Bean, John Edward Rogers, Co-Executors of the Estate of Edward Doyle Rogers (98-5371) Diane Beckmann, Individually and as the of the Estate of Leroy Beckmann (98-5376) v. Owens-Corning Fiberglas Corporation

201 F.3d 815 · Court of Appeals for the Sixth Circuit · Mar 3, 2000

The causal connection between Beckmann's mesothelioma and exposure to Owens-Corning products, if it was established at all, was highly speculative. … Moody, 696 S.W.2d 503, 504 (Ky. 1985), held that apportionment of 50% of the fault to a party ultimately adjudicated immune under the statute of limitations was appropriate. 41 In Floyd v.

Clarence Moyer, Jr. v. Richard Petty, Sheriff of Richland County Ohio Attorney General of the State of Ohio

811 F.2d 606 · Court of Appeals for the Sixth Circuit · Dec 23, 1986

Id. 7 Reasoning by analogy, Moyer contends that his earlier acquittal has, in effect, immunized his business from further prosecution for receipt of stolen property, even though received from a separate individual. 32 We … That case is readily distinguishable in that it clearly involved a network of illegal operations being conducted from various cities.