Case law

Silvia J. Thomas v. Chancey Miller and Elmwood Cemetery

489 F.3d 293 · Court of Appeals for the Sixth Circuit · Jun 27, 2007

On non-jurisdictional issues, the power of the federal courts to take such action is well established. … for such relief because she can not establish the first or third estoppel elements.

United States v. Hoffa

349 F.2d 20 · Court of Appeals for the Sixth Circuit · Jul 29, 1965

Thus the testimony of Tip-pens was admissible as evidence to establish that a crime had been committed. … Olimer pick do return only the names of qualified persons and can be relied upon to do so.

In Re Harry Javens and Joyce Javens, Debtors. Harry Javens and Joyce Javens v. City of Hazel Park and City of Royal Oak

107 F.3d 359 · Court of Appeals for the Sixth Circuit · Feb 19, 1997

Missouri argued that enforcement of its grain regulations qualified for a § 362(b)(4) exception. The Eighth Circuit disagreed. … Clearly, § 362(a)(1) is not limited to in personam actions.

Schwalm v. Guardian Life Insurance Co. of America

626 F.3d 299 · Court of Appeals for the Sixth Circuit · Nov 17, 2010

He also noted that Schwalm reported “difficulty thinking and communicating clearly.” O’Brien’s objective testing, however, focused solely on Schwalm’s physical abilities. … She is a certified rehabilitation counselor who is qualified to evaluate Schwalm’s ability to perform as a chief executive based on a given set of physical and mental limitations, but she is not qualified to diagnose physical

United States v. Michael Young

Court of Appeals for the Sixth Circuit · Sep 4, 2009

Further, neither Young nor his counsel clearly expressed an intention to preserve the suppression issue on appeal. … Young concedes that two of his prior offenses qualify as serious drug offenses, but he argues that his 1997 conviction for fleeing and eluding, second offense under Michigan law does not qualify as a violent felony under

Hamlin v. Charter Township of Flint

165 F.3d 426 · Court of Appeals for the Sixth Circuit · Jan 8, 1999

Such a shift is clearly unwarranted because it allows a plaintiff to avoid mak *440 ing his or her prima facie ease.” Id. (footnote omitted). … Under traditional burden of proof concepts, as the Tenth Circuit has said, it would be up to the plaintiff to establish “(1) that he is a disabled person within the meaning of the ADA; (2) that he is qualified, that is ..

Wanda Crooks v. Hamilton County, Ohio

458 F. App'x 548 · Court of Appeals for the Sixth Circuit · Feb 7, 2012

The district court granted Gardner’s motion for summary judgment, holding that Crooks failed to present sufficient evidence of injury stemming from the arrest and that Gardner at any rate did not violate any clearly established … We denied the officer’s qualified-immunity defense, concluding that “[a]n excessive use of force claim could be premised on [the officer’s] handcuffing Walton if he knew that she had an injured arm and if he believed that

Michigan Ass'n of Independent Clinical Laboratories v. Shalala

52 F.3d 1340 · Court of Appeals for the Sixth Circuit · Dec 19, 1994

Title XVIII establishes programs to provide medical benefits for the aged and disabled. … to any specific claim decided on a specific date and in a specified dollar amount, do not qualify as an appeal.

Sheya Mandebvu v. Eric Holder, Jr.

755 F.3d 417 · Court of Appeals for the Sixth Circuit · Jun 18, 2014

And while I do not make light of the Mandebvus’ situation, I also believe, given the deferential standard of review, that the Mandebvus have failed to qualify for withholding of removal under the INA as well as relief under … While the IJ did “note” this fact, the IJ’s conclusion was clearly the product of a careful weighing of the evidence, which is made obvious by reviewing the IJ’s reasoning in full: If the membership in the MDC makes a person

United States v. Joseph R. Powers (98-3026) Lamarr Terrance Wiggins (98-3042)

194 F.3d 700 · Court of Appeals for the Sixth Circuit · Oct 15, 1999

“A court’s factual findings in relation to the application of the Sentencing Guidelines are subject to a deferential ‘clearly erroneous’ standard of review. … U.S.C. § 841 who does not qualify under the safety valve provision.

Anna Jordan v. Director, Office of Workers' Compensation Programs, United States Department of Labor

892 F.2d 482 · Court of Appeals for the Sixth Circuit · Dec 22, 1989

The Director, OWCP (“the Director”), found insufficient evidence to establish Jordan’s en *484 titlement to benefits. … However, the Director’s memorandum of conference, dated November 14, 1983, clearly stated that because the 1983 claim was filed after June 30, 1982, (the date on which the special presumption was repealed), Jordan was required

Wilson v. International Brotherhood of Teamsters

83 F.3d 747 · Court of Appeals for the Sixth Circuit · May 2, 1996

While this may tend to establish a breach of the union’s duty of fair representation, it does not establish hostility such that plaintiffs may now be excused from having failed to pursue available contractual grievance procedures … Associated Distrib., Inc., 923 F.2d 1232, 1235 (6th Cir.1991), where the fact of damage has been established, a lesser quantum of proof is necessary to establish the amount.

United States v. James R. Hoffa, United States of America v. Thomas Ewing Parks, United States of America v. Larry Campbell, United States of America v. Ewing King

349 F.2d 20 · Court of Appeals for the Sixth Circuit · Jul 29, 1965

He added fifteen or twenty names of persons residing in Wilson County, who he knew were qualified. He met with the Clerk. … Climer pick do return only the names of qualified persons and can be relied upon to do so.

United States v. Lalonde

Court of Appeals for the Sixth Circuit · Dec 12, 2007

In particular, the court found that: (1) Lalonde qualified for a two-level enhancement, pursuant to U.S.S.G. § 2F1.1, because the crime was a scheme to defraud more than one person; (2) Lalonde qualified for a further two-level … These undisputed facts clearly show that Lalonde was involved in the scheme to defraud Wright Gaming.

United States v. Danna Yvonne Bender (99-6230) and David E. Culliver (99-6236)

265 F.3d 464 · Court of Appeals for the Sixth Circuit · Sep 14, 2001

Bender argues that Donegan “was not properly qualified as an expert witness in that he had little if any direct experience with the sale and distribution of crack cocaine.” … Expert testimony also established that handguns are typically used in connection with drug offenses.

In Re Estate of Herbert R. Penney, Deceased. Milton H. Penney v. Commissioner of Internal Revenue

504 F.2d 37 · Court of Appeals for the Sixth Circuit · Sep 20, 1974

It is undisputed that such a statute was before the court in Campbell , and it clearly required the “different result” reached in that case. … Moreover, the court specifically recognized this distinction: “The widow further contends that ‘the concept of equitable apportionment " * * established’ in Miller v.

United States v. Harlan Arnold and Dorene Arnold

878 F.2d 925 · Court of Appeals for the Sixth Circuit · Aug 18, 1989

Also, prior to the debtors’ filing of their petition under Chapter 12, they had qualified for an “interest credit” under applicable FmHA regulations. … The debtors also argue that because the creditor in this case is the FmHA, a federal agency whose very purpose is to establish programs *930 assisting farmers, a different rule should apply.

United States v. Levin

973 F.2d 463 · Court of Appeals for the Sixth Circuit · Nov 4, 1992

This was because the Court held that the Ohio immunity statute automatically removed any basis for a valid claim of the privilege, which generally exists under Ohio law. Ohio Const., art. I, § 10. … The letters were possibly admissible at trial to show a lack of criminal intent or to establish the defense of entrapment by estoppel.

Simms v. National Highway Traffic Safety Administration

45 F.3d 999 · Court of Appeals for the Sixth Circuit · Jan 19, 1995

The notice established rulemaking docket No. 90-05. … Wheelchair bound students are clearly “otherwise qualified” to attend school , and therefore are within the protection of the Rehabilitation Act. Southeastern Community College v.

United States v. Lynda Gail Brewer and Teresa K. Evans

899 F.2d 503 · Court of Appeals for the Sixth Circuit · Mar 29, 1990

The government has established proper authority to undertake this appeal and now appeals the downward departure by the district court. … “The guidelines, commentaries, and policy statements clearly indicate that departures should be rare.” United States v.