Case law

Darron Howard v. United States

743 F.3d 459 · Court of Appeals for the Sixth Circuit · Feb 20, 2014

Claims such as these are governed by the familiar framework established in Strickland v. Washington, 466 U.S. 668 (1984). … As explained above, under our interpretation of § 4A1.2(d)(2)(A), Howard’s stay qualifies.

Kevin King v. David Trippett

192 F.3d 517 · Court of Appeals for the Sixth Circuit · Sep 14, 1999

In the Sixth Circuit, a writ of habeas corpus “will issue if the unreasonableness of the state court’s application of clearly established precedent is not debatable among reasonable jurists. … established federal law.

Raymond R. Wiskotoni v. Michigan National Bank-West

716 F.2d 378 · Court of Appeals for the Sixth Circuit · Sep 8, 1983

We do not find that the instructions were clearly erroneous. In Suchodolski v. … of contract also establish a cause of action in tort.

United States v. Miller

45 F. App'x 359 · Court of Appeals for the Sixth Circuit · Aug 15, 2002

False testimony at a sentencing hearing qualifies as obstructive conduct under this statute. … Agent Yell’s testimony coupled with the defendant’s own admission established that.”

Harris v. Lafler

Court of Appeals for the Sixth Circuit · Jan 30, 2009

established Federal law, as determined by the Supreme Court of the Nos. 05-2104/2159 Harris v. … Brady is not limited to formal plea bargains, immunity deals or other notarized commitments.

Bergman v. United States

844 F.2d 353 · Court of Appeals for the Sixth Circuit · Jun 2, 1988

I. 4 The general rule is that "[e]xcept to the extent it has waived its immunity, the Government is immune from claims for attorney's fees." Ruckelshaus v. … The District Court's factual determination that the government did not act in bad faith is clearly erroneous.

United States v. Brent Vreeland

684 F.3d 653 · Court of Appeals for the Sixth Circuit · Jun 29, 2012

The required statements here were, clearly, of the latter variety. The ensuing prosecution . . . was a result of his falsehoods only. … Horvath, 492 F.3d 1075 (9th Cir. 2007), a panel majority of the Ninth Circuit held that § 1001(b) immunized a defendant’s false statement made to a probation officer during the defendant’s presentence interview.

United States v. Gregory Wells, M.D. (98-6010) Ronald Lee Dillion (98-6011)

211 F.3d 988 · Court of Appeals for the Sixth Circuit · May 10, 2000

The letter clearly stated the ultimate point of Dr. … Fitch, 964 F.2d 571, 575 (6th Cir.1992) (holding that informal immunity agreement is binding on government where defendant did not materi ally breach agreement).

Diane Owens v. FirstEnergy Corporation

Court of Appeals for the Sixth Circuit · Aug 13, 2025

omits other qualifying information. A half-truth, because of the “half” that was said, cannot be pure silence. Thus, Macquarie establishes that half-truths are misrepresentations. … This clearly alleges an affirmative misstatement: FirstEnergy was claiming that it was complying with regulations while breaking them. Misrepresentations.

Simon v. Pfizer Incorporated

Court of Appeals for the Sixth Circuit · Feb 18, 2005

The chart clearly states that a participant “can proceed to arbitration only if [the participant] ha[s] completed the above three steps of the internal ESP process.” J.A. p. 101. … Simon ignores, however, similar language contained in Section 14 of the ESP, which clearly mandates arbitration with respect to disputes concerning Termination for Just Cause.

La-Yah Ben-Yahudah v. Dan Bolden, Sherry L. Burt, and Elizabeth McNamara

98 F.3d 1341 · Court of Appeals for the Sixth Circuit · Oct 3, 1996

The report did, however, conclude that the doctrine of qualified immunity was inapplicable, the plaintiff having failed to establish a constitutional violation. 21 Mr. … Otherwise, however, the defendants will be entitled to a prompt resolution of the qualified immunity issue.

Board of Com'rs v. Young

59 F. 96 · Court of Appeals for the Sixth Circuit · Oct 26, 1893

The latter was a case of a qualified or base fee, subject to be defeated by the abandonment of the use. … D. 1698, a different and a nutre rational doctrine Is established.

United States of America, for the Use and Benefit of Interstate Mechanical Contractors, Inc. v. International Fidelity Insurance Company

200 F.3d 456 · Court of Appeals for the Sixth Circuit · Jan 14, 2000

Despite Congress’ stated intention, the courts that have been called upon to interpret § 270b(b) have not found the task of establishing the limitations period under the revised statute to be simple, fixed, or certain. … Fidelity argues in response that the case law clearly distinguishes between repair or remedial work and work performed under the contract; thus, inspection, testing and measurement are by their nature remedial and not “labor

Robert Allen BURTON, Plaintiff-Appellee, v. STATE OF OHIO, ADULT PAROLE AUTHORITY, Defendant-Appellant

798 F.2d 164 · Court of Appeals for the Sixth Circuit · Aug 6, 1986

McDonnell Douglas clearly delineates the burdens of proof allocated to litigants in disparate treatment cases under Title VII. … First, in order to establish a prima facie case of race discrimination, the plaintiff must show: (1) that he belongs to a racial minority; (2) that he applied and was qualified for a job for which the employer was seeking

Sandra L. Craft, Plaintiff-Appellee/cross-Appellant v. United States of America, Acting Through the Commissioner of Internal Revenue, Defendant-Appellant/cross-Appellee

233 F.3d 358 · Court of Appeals for the Sixth Circuit · Nov 22, 2000

Clearly Erroneous and Manifest Injustice 10 The IRS looks first to the third exception, arguing that this court can revisit the issues decided by the Craft I panel because that panel's decision was clearly erroneous and would … Thus, as the Craft I panel was presented with no binding precedent that overruled Cole, we cannot say that its decision was clearly erroneous 8 . 14 In finding that our decision in Craft I was not clearly erroneous, we acknowledge

Great-West Life v. Allstate Ins Co

Court of Appeals for the Sixth Circuit · Feb 7, 2000

Matthew clearly falls under the designation _________________ of Dependent as contemplated in Great-West’s integration of … • If none of the above rules establishes the order of On December 8, 1998, after the parties waived oral payment, a plan which the person has been covered for argument, the district court issued

Yung Tsang Chiu and Su Lau v. United States Department of Justice, Board of Immigration Appeal

706 F.2d 774 · Court of Appeals for the Sixth Circuit · May 19, 1983

in which he has invested, or is actively in the process of investing, capital totalling at least $10,000, and who establishes that he has had at least 1 year’s experience of training qualifying him to engage in such enterprise … Moreover, we must accord the INS’ interpretation of its regulations great weight, to be discount *777 ed only if it is clearly unreasonable. United States v.

Almond v. ABB Industrial Systems, Inc.

56 F. App'x 672 · Court of Appeals for the Sixth Circuit · Jan 22, 2003

Johnson would have qualified for the Retiree Medical Benefit after ten more years with ABB. … On grounds no stronger than this, plaintiffs repeatedly claim to have “clearly” established their prima facie case.

United States Frumentum Co. v. Lauhoff

216 F. 610 · Court of Appeals for the Sixth Circuit · Jun 30, 1914

Experts may be amply qualified to give useful opinions as to the value of the property which is to be appraised. … A. 316, 318 , and after it had been decided upon a previous appeal that the proof did not show an established license fee, it was said, by the Circuit Court of Appeals for the Ninth Circuit; “The plaintiff was clearly entitled

Labeed Nouri v. County of Oakland

615 F. App'x 291 · Court of Appeals for the Sixth Circuit · Jun 12, 2015

The first amended complaint is not clear whether it seeks to hold Sheriff Bouchard liable in his official or individual capacity, but Bouchard asserted qualified immunity as a defense, which suggests that he had fair notice … This screenshot clearly displays a date several years after Nouri’s incarceration and thus does not speak to the jail policy relevant to this case.