Case law

United States v. Patsy Barb

20 F.3d 694 · Court of Appeals for the Sixth Circuit · May 31, 1994

The court of appeals ruled the admission error, clearly acknowledging that such a conviction is not a per se crime of dishonesty: “We have stated that the basis for the prior misdemeanor bad check conviction may have involved … In sum, no evidence establishes fraudulent intent or false statement.

Herrington v. Boyas Excavating, Inc.

992 F.2d 1216 · Court of Appeals for the Sixth Circuit · Apr 5, 1993

See Ohio Rev.Code § 2744.03(A)(7) ("The political subdivision ... is entitled to any defense or immunity available at common law or established by the Revised Code."). 35 Furthermore, the City had no duty to protect Eric … The Ohio Court of Appeals disagreed: 44 The statute clearly envisions the owner, lessee, or occupier to be a party that has a right of title or possession. 45 Black's Law Dictionary defines an occupier as "a tenant, though

Jay Morningstar v. City of Detroit

454 F. App'x 391 · Court of Appeals for the Sixth Circuit · Dec 21, 2011

The grounds for Morningstar’s malicious- continuation-of-prosecution claim against Mix were never clearly established. … Since the district court exercised its discretion to rule on testimonial immunity, the issue is clearly preserved.

Renee Newell v. Wayne Cnty.

Court of Appeals for the Sixth Circuit · May 14, 2018

Thus, if Todd is entitled to qualified immunity, so too Richardson. We evaluate assertions of qualified immunity using a two-part process. … Second, those rights must have been “clearly established at the time of the alleged violation.” Id.

Ricky H. Raley v. Al C. Parke, Warden

945 F.2d 137 · Court of Appeals for the Sixth Circuit · Sep 19, 1991

Raley concludes from this that Kentucky did not produce enough evidence to establish clearly and convincingly his knowing and intelligent waiver of his rights. … For the 1980 plea, it points to the signed “Plea of Guilty” form, which clearly enumerates the rights Raley waived.

Baze v. Parker

Court of Appeals for the Sixth Circuit · Jun 9, 2004

The district court denied a motion involved an unreasonable application of, clearly for an evidentiary hearing on September 23, 2002, and denied established Federal law, as determined by the Supreme … During the “unreasonable application” of clearly established Supreme subsequent individual voir dire, Ms.

United States v. Luis Salgado (99-5645) Wilfredo Jambu (99-5651)

250 F.3d 438 · Court of Appeals for the Sixth Circuit · May 18, 2001

This information must be presented through “the testimony of the custodian or other qualified witness[.]” Fed.R.Evid. 803(6). … R.Evid. 803(6) if a proper foundation as to the reliability of the records is established.”)

Pierre Salame Ajami v. Veronica Tescari Solano

29 F.4th 763 · Court of Appeals for the Sixth Circuit · Mar 29, 2022

In a Hague Convention case, our precedent establishes three broad categories of abuse: minor, clearly grave, and cases in the middle, in which the abuse “is substantially more than minor, but is less obviously intolerable … The difference between exposing a child to a “grave risk of harm” and subjecting a child to an “intolerable situation” is not clearly established in our court’s precedent.

Graham A. Peters v. The Lincoln Electric Company

285 F.3d 456 · Court of Appeals for the Sixth Circuit · Mar 21, 2002

Peters’ testimony clearly showed that he was claiming Defendant wrongfully denied him continued participation in SERP in “breach of its promises and representations.” … I should again point out that I believe you will not qualify for continued participation, however, we will not know until the study is completed.

United States v. Sanders

Court of Appeals for the Sixth Circuit · Dec 15, 2006

Factual conclusions, such as determining what offense Sanders was convicted of in case number 80CR421, are reviewed under a clearly erroneous standard. United States v. … Sanders argues that the facially inconsistent documents cannot establish that he was convicted of either robbery or burglary, and the district court should not have counted this conviction as a predicate violent felony.

United States v. Padin

787 F.2d 1071 · Court of Appeals for the Sixth Circuit · Apr 10, 1986

Appellants argued that the debriefing report prepared by Sprague qualified as a “statement[s]” for two reasons. … This court accordingly is of the opinion that McCloud did not clearly and unambiguously adopt the report since she neither signed, read, nor had it read to her.

United States v. Lee

50 F. App'x 291 · Court of Appeals for the Sixth Circuit · Nov 5, 2002

To qualify for this reduction, a defendant must be “substantially less culpable than the average participant.” United States v. Lloyd, 10 F.3d 1197, 1220 (6th Cir.1993) (quoting USSG § 3B1.2 comment, (n.3)). … The mere fact that a defendant may be described as being less culpable than his co-conspirators does not automatically establish that he deserves a “minor participant” reduction. See United States v.

Cruz-Samayoa v. Holder

607 F.3d 1145 · Court of Appeals for the Sixth Circuit · Jun 21, 2010

Reyes was allegedly helping to organize the government’s transfer of land, which was clearly in direct conflict with the interests of Vidal, his employer. … “[T]o qualify as a refugee,” the applicant must establish “that he or she has suffered past persecution on the basis of race, religion, nationality, social group, or No. 09-3824 Cruz-Samayoa et al. v.

Saeid B. Amini v. Oberlin College

440 F.3d 350 · Court of Appeals for the Sixth Circuit · Mar 10, 2006

Andrews, whom he had known personally through his undergraduate tenure at Oberlin, does not establish a discriminatory animus. … Amini had a blemished background and, even if more qualified, he had not proven his qualifications with a complete application.

Italo Pedicini v. Life Ins. Co. of Alabama

682 F.3d 522 · Court of Appeals for the Sixth Circuit · Jun 21, 2012

Simpsonville Wrecker Service, Inc., 880 S.W.2d 886, 891 (Ky. 1994), to find that Pedicini failed to establish the second element of the bad-faith test. … Under clearly established Kentucky law, ambiguous contractual terms are construed in favor of the insured. The term “actual charges” is “patently ambiguous,” Ward, 257 F.

James Kenneth Bale v. Glasgow Tobacco Board of Trade, Incorporated

339 F.2d 281 · Court of Appeals for the Sixth Circuit · Dec 8, 1964

Under the twenty percent provision of Article II, only 773,046 square feet was considered as qualified space. … This conclusion drawn from the undisputed facts, in our opinion, is correct and not clearly erroneous.

Dakota Girls, LLC v. Philadelphia Indemnity Ins. Co.

17 F.4th 645 · Court of Appeals for the Sixth Circuit · Nov 5, 2021

Under our circuit’s view of Ohio law, then, the preschools cannot establish the “loss” or “damage” required to trigger the first three coverages. … We reject ordinary meaning only when it would create absurdity or when the parties clearly intended some other definition. Id. at 34; see also Sunoco, Inc. (R&M) v.

Kentucky Association of Health Plans, Inc. Advantage Care, Inc. Aetna Health Plans of Ohio, Inc. Choicecare Health Plans, Inc. Fhp of Ohio, Inc. Hmpk, Inc. Hplan, Inc. Humana Health Plan, Inc. v. George Nichols, Iii, in His Official Capacity as Commissioner of the Kentucky Department of Insurance,defendant-Appellee

227 F.3d 352 · Court of Appeals for the Sixth Circuit · Sep 7, 2000

This is acknowledged by the defendant: The statutes establish that health insurers, which assume financial risk, cannot discriminate against qualified providers. … Stuart Circle involved a Virginia statute which required insurers to accept any willing provider if they established preferred provider networks.

Memphis, Tennessee Area Local, American Postal Workers Union v. City of Memphis

361 F.3d 898 · Court of Appeals for the Sixth Circuit · Jan 21, 2004

A municipal “custom” may be established by proof of the knowledge of policymaking officials and their acquiescence in the established practice. See *903 Fletcher v. O’Donnell, 867 F.2d 791, 793-94 (3d Cir.1989). … Parrish, 203 F.3d 937 , 952 n. 2 (6th Cir.2000) (“If a private party has conspired with state officials to violate constitutional rights, then that party qualifies as a state actor and may be held liable pursuant to § 1983

Living Care Alternatives of Utica, Inc. v. United States of America, Internal Revenue Service

411 F.3d 621 · Court of Appeals for the Sixth Circuit · Jun 2, 2005

Any other conclusion would create a bizarre tax system with perverse incentives for businesses to maintain themselves on the edge of insolvency in order to enjoy immunity from tax enforcement. … Since the statute itself is silent as to the appropriate standard, the legislative history of the Restructuring and Reform Act is often cited for establishing this two-tiered approach.