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Sixth Circuit· 5/16/2012

Herrera v. Churchill McGee, LLC

Citations

  • 680 F.3d 539
  • 2012 WL 1700381
  • 2012 U.S. App. LEXIS 9818
  • 114 Fair Empl. Prac. Cas. (BNA) 1636

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “‘federal courts must give the agency’s factfinding the same preclusive effect to which it would be entitled in the State’s courts”’
  • noting that a party’s “failure to avail himself of the full procedures provided by state law does not constitute a sign of their inadequacy” (internal quotation marks and brackets omitted)
  • noting that a party’s “failure to avail himself of the full procedures provided by state law does not constitute a sign of their inadequacy” (internal quotation marks and brackets omitted)
  • noting circuit split over the preclusive effect of unreviewed state administrative decisions and collecting cases
  • intermediate appellate decisions are authoritative in Erie cases only to the extent that they accurately reflect state law
  • federal courts interpret state law by applying the law of the state’s highest court and according weight to intermediate state appellate decisions

Source: CourtListener parenthetical corpus (CC0).

Judges: Moore, Kethledge, Marbley

Read full opinion on CourtListener

Cited by

13 cases in this archive cite this case.

Cites

32 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Herrera v. Churchill McGee, LLC

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.