Leroy John Contie Jr.
Judge Contie no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Contie decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Requires evidence of discriminatory animus to carry a reduction-in-force age claim past summary judgment.
“Because Carpenter was terminated as part of a reduction in force to cut expenses, and because Carpenter failed to present sufficient evidence of discriminatory animus to defeat the Credit Union’s motion for summary judgment, we AFFIRM.”
Weighs the complete medical record rather than treating isolated check-box responses as sufficient proof of work capacity.
“the checking of a box by two physicians, one of whom later altered his judgment regarding the extent of claimant’s disability, is evidence insufficient to meet the Secretary’s burden of proving that claimant was capable of sedentary work.”
Procedural preferences
Allows post-impasse workplace changes only when they were reasonably encompassed by the employer's pre-impasse proposals.
“After the parties have bargained to impasse, that is, after good-faith negotiations have exhausted the prospects of concluding an agreement, an employer does not violate the Act by making unilateral changes that are “reasonably comprehended within his pre-impasse proposals,””
Treats exhaustion of administrative remedies as a mandatory prerequisite to judicial review of Medicare disputes.
“the Supreme Court has instructed that compliance with the Medicare Act's prerequisites for judicial review, which include the exhaustion of administrative remedies, is mandatory.”
Cautions
Treats repeated, deliberate discovery noncompliance as grounds for dismissal with prejudice.
“Plaintiffs failure to appear for her deposition, like her previous repeated failures to cooperate in discovery, was willful and purposeful and not the result of plaintiff’s inability to appear due to circumstances beyond her control.”
Requires objective medical support when a disability claimant refuses prescribed treatment as too risky.
“Since there is no objective medical evidence supporting Awad’s fears, the decision of the Secretary is supported by substantial evidence.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons stated above, the judgment of the district court is Affirmed.”
“Accordingly, the judgment of the district court is AFFIRMED.”
“The findings of the Federal Mine Safety and Health Review Commission are affirmed.”
“For the foregoing reasons, the judgment of the district court denying declaratory relief on the merits is VACATED and the case is REMANDED to the district court with instructions to dismiss the request for declaratory relief.”
“The district court’s judgment is, accordingly, affirmed pursuant to Rule 9(d)(3), Rules of the Sixth Circuit.”
“Since the state of Kentucky has established beyond a reasonable doubt that the juvenile court judge would have waived jurisdiction had he been apprised of the necessity of the “best interest" finding, and since no other constitutional infirmity is present, the judgment of the district court is AFFIRMED.”
“For the reasons stated above and for the reasons expressed by the district court, the judgment is Affirmed.”
“Accordingly, the judgment of the district court is vacated. The case is remanded to the district court for remand to the Secretary for granting of benefits.”
“The decision of the National Transportation Safety Board is Affirmed.”
“The district court’s judgment on the relief issue is REVERSED and the case is REMANDED with instructions to enter an appropriate injunction against Holliday.”
“Because Carpenter was terminated as part of a reduction in force to cut expenses, and because Carpenter failed to present sufficient evidence of discriminatory animus to defeat the Credit Union’s motion for summary judgment, we AFFIRM.”
“Because Cecil Brown was not a victim of Dixon’s offense pursuant to this court’s holdings in Wright and Bondurant, we VACATE Dixon’s sentence and REMAND this action to the district court for resentencing.”
A historical record
Judge Contie no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.