Case law

Lamont Heard v. Patricia Caruso

351 F. App'x 1 · Court of Appeals for the Sixth Circuit · Aug 27, 2009

Metrish, 564 F.3d 794, 798-801 (6th Cir. 2009) (holding that the doctrine of sovereign immunity bars the recovery of monetary damages under RLUIPA when state officials are sued in their official capacities). … We assume that Heard’s August 15, 2006 supplemental response and attached affidavit qualifies as a request for additional discovery pursuant to Federal Rule of Civil Procedure 56(f).6 We have explained that “[t]ypically

Sonya Williams v. Shelby Cnty. Bd. of Educ.

Court of Appeals for the Sixth Circuit · May 12, 2025

And “in the absence of a finding of unfitness on the part of the board, the statute clearly mandates that the board must hire the teacher on the preferred list.” Id. … Principals must “interview teachers on the reemployment list who [are] qualified for open positions.” Id.

Reed v. Procter & Gamble Manufacturing Co.

556 F. App'x 421 · Court of Appeals for the Sixth Circuit · Feb 13, 2014

Reed spoke with Bruns about the phone call and email, but did not clearly communicate to Bruns that he believed Massey was motivated by racial animus. … Failure to Promote To establish a prima facie case of failure to promote within the burden-shifting framework, Reed must demonstrate that he applied for and was qualified for the promotion to T4 status and that

Howard Thomas v. Stanton Heidle

615 F. App'x 271 · Court of Appeals for the Sixth Circuit · Jun 12, 2015

We hold that the exclusion did not amount to a violation of clearly established federal law. Even if it had, any error would have been harmless. … The clearly established law to be -15- No. 13-5414 Thomas v.

In Re Impact Absorbent Technologies, Inc. And Loraday Environmental Products, Ltd.

106 F.3d 400 · Court of Appeals for the Sixth Circuit · Dec 18, 1996

106 F.3d 400 41 U.S.P.Q.2d 1633 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of … It is not incorporated in and has not qualified to do business in Ohio.

United States v. Elmer S. Edwards

949 F.2d 397 · Court of Appeals for the Sixth Circuit · Dec 5, 1991

Starkey agreed to cooperate with the investigation and act as a confidential informant in return for immunity. Starkey admitted participating in the robbery, and identified Billy Gaston, J.C. … because the district court improperly admitted Hedger's identification testimony. 37 There is a two-part standard of review of a district court's decision on a motion to suppress evidence: Findings of fact are upheld unless clearly

Christine HOUSTON, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

736 F.2d 365 · Court of Appeals for the Sixth Circuit · Jun 14, 1984

This court is, therefore, charged to review the record in its entirety to determine if the finding of ineligibility was supported by substantial evidence. 4 To qualify for disability benefits the appellant must provide evidence … Here, Appellant's uncontradicted testimony that the State ultimately released her from her job of 17 years, along with her numerous hospitalizations and the restrictions of her doctor, clearly was sufficient to shift the

Eustace Weekes v. Michigan Chrome & Chemical Company, a Michigan Corp.

352 F.2d 603 · Court of Appeals for the Sixth Circuit · Nov 10, 1965

Comment j to 388. 39 The authors, however, qualified the foregoing with observations appearing in Comment i to 388, 40 'The giving to the third person through whom the chattel is supplied all the information necessary to … contributory negligence.' 56 By this I believe that the trial judge in general language made clear that defendant could not be held liable for the acts of an intermediate or intervening party, but only for its own negligence as established

The Mengel Company v. Nashville Paper Products and Specialty Workers Union, No. 513, an Unincorporated Labor Organization, and John Nelson Cook

221 F.2d 644 · Court of Appeals for the Sixth Circuit · Apr 16, 1955

Appellant's alleged cause of action is not based on the contract but on the following well established principles of law, which existed prior to the execution of the collective bargaining agreement and are independent of … that a collective bargaining agreement was not a contract of employment which would prevent the application of the United States Arbitration Act if the bargaining agreement contained an arbitration provision and otherwise qualified

National Labor Relations Board v. General Fabrications Corp.

222 F.3d 218 · Court of Appeals for the Sixth Circuit · Aug 1, 2000

Jones clearly signed an authorization card at the first meeting and testified that he put union flyers on top of his welder in the shop and spoke with a few employees regarding the union. … Given the statements that Boraski himself admits to making and the atmosphere of anti-union animus at the Company, the Board’s finding is clearly supported by substantial evidence. D.

United States v. John Ford

Court of Appeals for the Sixth Circuit · Jun 26, 2009

This payment also established a basis for the enhancement under § 2C1.1(b)(1). … The payments made to Ford were made in a manner to clearly influence more than one event. The evidence establishes that each payment was accomplished by another action by Ford in his authority as a state senator.

Amy Ritenour v. State of Tennessee Dep't of Human Services

497 F. App'x 521 · Court of Appeals for the Sixth Circuit · Aug 29, 2012

In the context of establishing a prima facie case of FMLA retaliation—in contrast to establishing a pretext in an interference claim—we have found that temporal proximity alone may suffice. … The phone call with Hooper clearly is a continuation of the prior conversations between Hooper and Ritenour regarding Ritenour’s status as absent on unapproved leave.

Therese A. Burke, Cynthia R. Center, Linda G. Gibbs v. United States

929 F.2d 1119 · Court of Appeals for the Sixth Circuit · Apr 5, 1991

Thus, an amended settlement agreement was entered into which provided that TVA would distribute the money directly to individuals designated by the union under a formula established by the union. 7 The formula established … Each check, however, clearly stated the amount withheld as taxes making the payor's intent clear

United States v. Ralph Hubert Barger

931 F.2d 359 · Court of Appeals for the Sixth Circuit · Mar 4, 1991

Further, the preface to the manual clearly states that only certain people with certain needs are authorized to possess it. The manual is not available to the public. Since Mr. … Material marked D.E.A. sensitive is information that does not qualify for classification as national security information.

Potter v. Commissioner of Social Security

223 F. App'x 458 · Court of Appeals for the Sixth Circuit · May 8, 2007

Potter argues that because the record clearly shows that she did not obtain a regular high school diploma, and because her actual educational abilities are clearly lower than what is indicated by a high school educational … Stodola, Scher, and Dennis clearly offer substantial support for the ALJ’s determination in this case.

United States v. Antwone Miguel Sanders

59 F.4th 232 · Court of Appeals for the Sixth Circuit · Feb 6, 2023

Miggins, 302 F.3d 384, 388 (6th Cir. 2002) (finding that probable cause was established where affidavit “clearly established a connection between [the co-defendant’s residence] where the package . . . containing one kilogram … But the majority points to no case in which we have found that an affidavit like the one at issue here did not qualify for the good-faith exception.

Saalfield Pub. Co. v. G. & C. Merriam Co.

238 F. 1 · Court of Appeals for the Sixth Circuit · Jan 13, 1917

the copyright had not expired; and it is a fair assumption that defendants .could have only one purpose in rejecting the many names appropriate for a book of this particular size and utility and adopting the one which so clearly … So far as .our opinion in 198 Fed. assumed that there had been a period of only 15 years before defendants’ appearance, in which a new and qualified right might be accruing to plaintiff on the secondary meaning theory, we

Johnnie Brooks, Jr. v. Davey Tree Expert Company

478 F. App'x 934 · Court of Appeals for the Sixth Circuit · Apr 17, 2012

It is a carbon copy clearly shows that ‘no briefing conducted’ was not checked at the time I was provided this document. The version offered by Defendant was altered after I was given my copy.” … action; 3) he was qualified for the position; and 4) he was replaced by someone outside the protected class.

United States v. Everett Eugene Miller, Jr.

Court of Appeals for the Sixth Circuit · Aug 12, 2024

“A district court abuses its discretion if it bases its ruling on an erroneous view of the law or a clearly erroneous assessment of the evidence.” Osborn v. … This experience more than qualifies Agent Isom to testify as an expert in this realm.

Jay D. Scott, Petitioner-Appellee v. Betty Mitchell, Warden, Respondent-Appellant/ Cross-Appellee

209 F.3d 854 · Court of Appeals for the Sixth Circuit · Apr 19, 2000

Scott claims that this violates the principle established in Caldwell v. … This section provides a death-penalty-qualifying specification if The offense was committed while the offender was committing, attempting to commit, or fleeing immediately after committing or attempting to commit kidnapping