Case law

Michael Knight v. United States

936 F.3d 495 · Court of Appeals for the Sixth Circuit · Aug 27, 2019

. § 2114(a) should be affirmed because that offense qualifies under the “elements clause” of the definition of a “crime of violence” in § 924(c)(3)(A). We agree. … “In reviewing a district court’s denial of a motion under Section 2255, we apply a clearly erroneous standard to its factual findings and review its conclusions of law de novo.” Hyatt v.

Wright v. National Warranty Company

953 F.2d 256 · Court of Appeals for the Sixth Circuit · Jan 9, 1992

A. 12 Plaintiffs argue that the district court erred in concluding as a matter of law that the securities offered and sold by defendants qualified for an exemption from registration with the SEC. … Further, it is undisputed that the amount of the offering was $1,900,000, clearly within the limits set forth in Rule 505.

United States v. Climmie Jones, Jr.

159 F.3d 969 · Court of Appeals for the Sixth Circuit · Nov 6, 1998

Accordingly, Jones thus far has not established a prima facie case of discriminatory effect. … As we have stated, Jones has established a showing of discriminatory intent.

Crosby v. Twitter, Inc.

921 F.3d 617 · Court of Appeals for the Sixth Circuit · Apr 16, 2019

For Defendants' conduct to qualify as an act of international terrorism, Plaintiffs must establish that providing routine social media services involve "violent acts or acts dangerous to human life," 18 U.S.C. § 2331 (1)( … Even if ISIS "committed, planned, or authorized" the Pulse Night club shooting, Plaintiffs would still have to overcome 47 U.S.C. § 230 , which provides broad immunity to "interactive computer services."

Roger Gardner and Barbara Gardner v. James E. "Jack" Bisceglia, Shirley Bisceglia, and Harold Gilreath

956 F.2d 1164 · Court of Appeals for the Sixth Circuit · Mar 11, 1992

These assertions are clearly insufficient to sustain a § 1983 claim. 20 As for Mr. … Gilreath, he is protected from a § 1983 suit by qualified immunity, which the Supreme Court has described as follows: 21 As the qualified immunity defense has evolved, it provides ample protection to all but the plainly incompetent

Ohio River Collieries, Inc. v. Secretary of Labor

558 F.2d 353 · Court of Appeals for the Sixth Circuit · Jul 1, 1977

The purpose of § 925 is clearly stated — to assure “uninterrupted receipt of benefits” by claimants during the time that administration of the black lung program is changing from the Social Security Administration to either … There is no indication of an intention to cut off federal payments for a claim established under part B when it does not meet the requirements of part C.

United States v. Truth E. Lutz

154 F.3d 581 · Court of Appeals for the Sixth Circuit · Aug 28, 1998

Under § 3E1.1 of the Sentencing Guidelines, a defendant may qualify for a reduction in her offense level if she clearly demonstrates acceptance of responsibility for her offense. See U.S. … This calculation was not clearly erroneous.

Glenn Whiting v. Chris Trew

Court of Appeals for the Sixth Circuit · Aug 21, 2023

Qualified immunity “shields governmental officials from monetary damages as long as ‘their actions did not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … The “inquiry” whether officials’ conduct violated “clearly established” law “‘must be undertaken in light of the specific context of the case, not as a broad general proposition.’” Clemente v.

Helms v. Zubaty

Court of Appeals for the Sixth Circuit · Jul 19, 2007

It is well established that courts will not find a public forum where the government clearly did not intend to create one. … Because we find no constitutional violation, we do not reach the issue of qualified immunity as to Baker and Caldwell or Helms’s individual claims against the other Defendants.

John Heuss, and the Travelers Insurance Company, Intervening v. Rockwell Standard Corporation, a Delaware Corporation

495 F.2d 1207 · Court of Appeals for the Sixth Circuit · Apr 26, 1974

Beemsterbore was introduced by appellee and was found qualified, over appellant’s objection, as an expert witness on custom, practice and design in the scaffolding industry in 1967, when the accident occurred. … or to request additional jury instructions ; it was the appellant that attempted unsuccessfully to bring the complicating information to the attention of the jury at an earlier stage of the trial; and the damage award is clearly

Columbia Gas Const. Co. v. Holbrook

81 F.2d 417 · Court of Appeals for the Sixth Circuit · Feb 6, 1936

It was established that the trench was dug to an average depth of 4 feet 11 inches, and the jury was permitted to return a verdict for work in excess of contract requirements. … Moreover, the clause in the specifications which authorizes demand for depth greater than minimum is expressly qualified by statement of its purpose, and' there is no contention that greater depth than minimum was at any

United States Student Ass'n Foundation v. Land

546 F.3d 373 · Court of Appeals for the Sixth Circuit · Oct 29, 2008

Rather, the court explained that section 168.500c “clearly provides that an applicant is not registered until he or she receives a voter identification card.” Id. at 986 . … The Michigan law and practice has been long established and has, apparently, not presented any real problems.

United States v. Fabian Dukes

57 F.3d 1071 · Court of Appeals for the Sixth Circuit · Jun 14, 1995

57 F.3d 1071 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 … He also argues that there was no qualifying intervening arrest between the two cases.

B & B Trucking, Inc. v. United States Postal Service

363 F.3d 404 · Court of Appeals for the Sixth Circuit · Apr 2, 2004

Case law clearly establishes that claims are not necessarily rendered contractual by the presence of a contractual relationship between the parties. … ' first and second proffered bases for jurisdiction establish that if sovereign immunity does not apply, then the district court had jurisdiction.

Terry Houthoofd v. Tuscola Cnty, Mich. Road Comm'n

Court of Appeals for the Sixth Circuit · Jan 8, 2021

Decisions about road improvements are clearly within the scope of commissioners’ authority. 2 “The five statutory exceptions to governmental immunity are the ‘highway exception,’ M.C.L. § 691.1402, the ‘motor vehicle … Odom, 760 N.W.2d at 221−22; compare M.C.L. § 691.1407(2) (granting only qualified immunity to lower-level government employees).

Eric Kuhn v. Washtenaw County

709 F.3d 612 · Court of Appeals for the Sixth Circuit · Mar 11, 2013

Page 22 “Kuhn was not qualified to work at the time he was discharged” and was thus “unable to establish a prima facie case.” Id. at *11. It therefore dismissed Kuhn’s WPA claim. … As an initial matter, whether a plaintiff is qualified to work is not part of his prima facie case under the WPA.

Joseph v. Orleans, by His Father and Next Friend, Joseph A. Orleans v. United States

509 F.2d 197 · Court of Appeals for the Sixth Circuit · Jan 13, 1975

In pursuing this policy Congress established the Office of Economic Opportunity in the Executive Office of the President. … Congress could have chosen to administer the Economic Opportunity Act directly by establishing local offices of OEO.

Libertarian Party Of Ohio v. Blackwell

462 F.3d 579 · Court of Appeals for the Sixth Circuit · Sep 6, 2006

Even if the statutes leave some associational rights unimpeded, this is not sufficient to establish that no burden is imposed. … We do not presume to dictate how Ohio must run its elections, except to say that the system must fall within the outer boundaries established by the Constitution.

Daugherty v. Sajar Plastics, Inc.

544 F.3d 696 · Court of Appeals for the Sixth Circuit · Oct 16, 2008

Yet the drafters of the ADA and its subsequent interpretive regulations clearly intended that plaintiffs who are mistakenly regarded as being unable to work have a cause of action under the statute. … Clearly, this unambiguous comment, which we must take as true at the summary judgment stage, constitutes direct evidence that Daugherty’s termination was motivated by unlawful, discriminatory animus.

Anthony McCallum v. Stephen Geelhood

Court of Appeals for the Sixth Circuit · Aug 6, 2018

The doctrine of qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … The right to be free from warrantless searches of one’s home is clearly established, see, e.g., El Bey v.