Case law

Arnold v. Marous Bros. Construction, Inc.

211 F. App'x 377 · Court of Appeals for the Sixth Circuit · Nov 17, 2006

To establish a prima facie case of racial discrimination, Arnold must show that (1) he is a member of a protected class, (2) he was subjected to an adverse employment action, (3) he was qualified, and (4) he was treated … By its actions, Appellee clearly placed Arnold on notice that it required him to follow the orders of his supervisors.

Janet Ringl v. Ameritech Corportion Ameritech Services, Inc. Bell Telephone Co.

107 F.3d 871 · Court of Appeals for the Sixth Circuit · Feb 12, 1997

that Barnes acted on his alleged animus toward women in making employment decisions. 10 With regard to her gender discrimination claims based on a disparate treatment theory, Ringl is clearly a member of a protected class … For example, Ringl has not alleged that she performed as well, or was as qualified as the men who received bonuses in 1991.

Bellwether Cmty. Credit Union v. CUSO Development Company, LLC

566 F. App'x 398 · Court of Appeals for the Sixth Circuit · May 12, 2014

The Operating Agreement established a detailed process for a withdrawing member to follow, which clearly contemplated a discretionary withdrawal distribution if CDC exercised its right of first refusal to purchase shares … Under the first method, if CDC had exercised its option to buy back the shares, then the cash payment from CDC to Bellwether to purchase the shares under Section 11.4 would have qualified as a withdrawal distribution.

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. Judge Jerome White

940 F.2d 664 · Court of Appeals for the Sixth Circuit · Jul 25, 1991

940 F.2d 664 Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service … We reverse credibility determinations only if clearly erroneous. Here we believe Judge Woods correctly resolved the matter before him.

United States v. Anton Fuller-Ragland

Court of Appeals for the Sixth Circuit · Jul 9, 2019

The PSR established an advisory Guidelines range of 121 to 151 months of imprisonment, although the statutory maximum Fuller-Ragland could receive was 120 months. … We assume that Fuller-Ragland’s conviction was based on the least of the acts criminalized under the Michigan unarmed-robbery statute and then determine whether those acts would qualify as a crime of violence under the Guidelines

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

Garner v. Mitchell

502 F.3d 394 · Court of Appeals for the Sixth Circuit · Sep 11, 2007

This is important because the Grisso test requires “mental health professionals who are licensed for clinical psychological or psychiatric practice in their state, and who are qualified by training and experience to perform … However, Gamer did not establish Everington’s credentials before the district court and did not &sk for an evi-dentiary hearing to allow Everington to testify- .

Keweenaw Bay Indian v. Naftaly

Court of Appeals for the Sixth Circuit · Jun 26, 2006

Count I alleged that Plaintiff was entitled to declaratory and injunctive relief because Congress had not clearly authorized state taxation of the real property at issue. … The Court found that while Congress could provide that real property was subject to voluntary alienation but immune from involuntary alienation, Congress’ “intent to do so should be clearly manifested.” Id. at 149.

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.

United States v. Joseph Benjamin Taylor III

248 F.3d 506 · Court of Appeals for the Sixth Circuit · Apr 24, 2001

A factual finding is clearly erroneous when the decision “strike[s] us as wrong with the force of a five-week-old, unrefrigerated dead fish.” United States v. … The district court further found that Taylor qualified for an enhancement because Taylor stated he had two drug suppliers in the Detroit area; because the quantity of drugs found in Taylor’s apartment was more than Taylor

Virginia Armistead, Cross-Appellants v. Vernitron Corporation Aie--Division of Vernitron Group Insurance Plan, Cross-Appellees

944 F.2d 1287 · Court of Appeals for the Sixth Circuit · Nov 5, 1991

Not every employee who qualified for early retirement took this advice. From the date the plant closing was announced until it actually closed, a number of AIED employees retired. … The terms of the benefits plan are established in the CBA.

United States v. William Stivers

Court of Appeals for the Sixth Circuit · Jul 17, 2013

Page 50 5336/ 5337/ 5366 the Attorney General’s Office,] is clearly relevant in the case. It’s not unduly prejudicial. … Although the district court did not qualify Agent Briggs as an expert witness, defendants cite various portions of Agent Briggs’s testimony that would qualify as inadmissible lay opinion testimony under Federal Rule of Evidence

Hello Farms Licensing MI, LLC v. GR Vending MI, LLC

Court of Appeals for the Sixth Circuit · Sep 10, 2026

side, as one example, a provisioning-center medical licensee can sell only to registered qualifying patients or their caregivers. Id. § 333.27504. … But the “long established” rule is that “a court will not lend its aid, in any way, to a party seeking to realize the fruits” of an illegal agreement.

Gary B. v. Gretchen Whitmer

Court of Appeals for the Sixth Circuit · Apr 23, 2020

Defendants also claimed that the Eleventh Amendment barred Plaintiffs’ requested relief on sovereign-immunity grounds. … Here, however, the plaintiffs propose a vague right to the “access to literacy” without clearly identifying its contours.

Detroit, G. H. & M. Ry. Co. v. Interstate Commerce Commission

74 F. 803 · Court of Appeals for the Sixth Circuit · Apr 14, 1896

This condition was first established 25 years ago, for reasons that do not clearly appear from the proof, but which may be inferred to be largely those arising out of considerations of economy; and it is altogether probable … The judgment of Bramwell, J., in the court of appeals, states the grounds clearly.

United States v. James Smithers

212 F.3d 306 · Court of Appeals for the Sixth Circuit · May 8, 2000

After this ruling, Smithers presented a few witnesses, including his wife, who attempted to establish an alibi defense. Ms. … Green, 548 F.2d 1261 (6th Cir.1977): (1) that the witness, a qualified expert, (2) was testifying to a proper subject, (3) which conformed to a generally accepted explanatory theory, and (4) the probative value of the testimony

United States v. Washington

Court of Appeals for the Sixth Circuit · Mar 25, 2008

Reliford, 471 F.3d 913, 916 (8th Cir. 2006) (“if the defendant fails to object to fact statements in the presentence investigation report . . . establishing that a prior offense was a violent felony conviction, the government … In order to overturn the district court’s competency finding, we would have to find it clearly erroneous. See Harries v. Bell, 417 F.3d at 635.

Dean Witter Reynolds, Inc. v. McCoy

70 F.3d 1271 · Court of Appeals for the Sixth Circuit · Nov 27, 1995

P 99,002 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 … Doing so invites unscrupulous brokers to make oral misrepresentations about an investment, secure in the knowledge that the mere provision of a prospectus will immunize them from any negative repercussions.

Abusada v. Gonzales

212 F. App'x 488 · Court of Appeals for the Sixth Circuit · Jan 8, 2007

Of course, even in the absence of past persecution, an asylum applicant may still qualify as a refugee if he can show a well-founded fear of future persecution. … Thus, in order to qualify for withholding of removal, the petitioner “must establish that there is a clear probability that he will be subject to persecution if forced to return to the country of removal.”