Case law

George H. Scherr v. Difco Laboratories, Inc.

401 F.2d 443 · Court of Appeals for the Sixth Circuit · Oct 3, 1968

Immediately following the provision granting the license were provisions establishing the manner in which royalties would be paid. … Just as clearly the terms of a patent license can raise questions that are controlled by federal law. 7 Brulotte v. Thys Co., 379 *448 U.S. 29, 32, 85 S.Ct. 176 , 13 L.Ed.2d 99 (1964).

Abdo Ahmad Nagi v. United States of America and City of Detroit

751 F.2d 826 · Court of Appeals for the Sixth Circuit · Jan 2, 1985

Nagi also asked the CEDD whether a home purchased in Yemen would qualify for a replacement housing allowance. … Conversely, the chronology of events clearly indicate that the denial of benefits caused Mr.

United States v. Jackson C. O'dell, III

320 F.3d 674 · Court of Appeals for the Sixth Circuit · Feb 27, 2003

protection of the “safety valve” of 18 U.S.C. §§ 3553 (f) and USSG §§ 5C1.2 was clearly erroneous. … U.S.C. §§ 3553 (f) and USSG §§ 5C1.2 was clearly erroneous.

Derrick Wheatt v. City of E. Cleveland

Court of Appeals for the Sixth Circuit · Jul 12, 2018

qualified- immunity question or error for appeal. … But here the defendants have so clearly and unmistakably forfeited any claim to qualified immunity that there is nothing further to decide and this appeal is frivolous, as the district court has already held.

Director, Office of Workers' Compensation Programs, United States Department of Labor v. Eastern Coal Corporation, Director, Office of Workers' Compensation Programs, United States Department of Labor v. Elkhorn Jellico Coal Company and Old Republic Companies

561 F.2d 632 · Court of Appeals for the Sixth Circuit · Jul 18, 1977

Third, the Department also clearly has responsibility for assisting miner claimants in both Department hearings and the courts. … Any such hearing shall be conducted by a hearing examiner qualified under section 3105 of that Title.

Sussex Engineering, Ltd., (86-1629) v. James H. Montgomery, (86-1629). E & S Design & Development, Ltd. And Hawtal Whiting, S.A., Plaintiffs- (86-1550/2054) v. James H. Montgomery, (86-1550/2054)

825 F.2d 1084 · Court of Appeals for the Sixth Circuit · Sep 25, 1987

The INS, in Artee, revised the standards for establishing prong three, referring to the temporary nature of the services or labor. … We cannot say that either standard is a more clearly correct interpretation of the statute than the other.

Philip S. Morgan v. Commissioner of Internal Revenue

807 F.2d 81 · Court of Appeals for the Sixth Circuit · Dec 16, 1986

His only avenue to dispute these assessments judicially, therefore, was in the Tax Court, which clearly had jurisdiction of this dispute. … We find no error in the Tax Court’s conclusion that the forms filed by Morgan do not qualify as tax returns under the applicable law. See United States v.

Ihsan Bazzi v. Eric Holder, Jr.

Court of Appeals for the Sixth Circuit · Dec 19, 2013

In order for him to succeed, he must prove clearly and beyond doubt that he is not inadmissible as charged. 8 C.F.R. § 1240.8(b). … Bazzi’s argument runs as follows: while there are statutes and regulations addressing “sham marriage,” there is no such authority establishing the legal concept of “sham divorce.”

Alhaj v. Holder

576 F.3d 533 · Court of Appeals for the Sixth Circuit · Jul 10, 2009

Thus, in order to qualify for withholding of removal, the petitioner “must establish that there is a clear probability that he will be subject to persecution if forced to return to the country of removal.” Pilica v. … Clearly, Alhaj cannot claim that he, a Muslim and native Yemeni, would “more likely than not” be persecuted upon a return to Yemen because of his race, religion, or nationality.

Mabbott v. Blauvelt

123 F. App'x 654 · Court of Appeals for the Sixth Circuit · Jan 26, 2005

The Defendants appeal from the district court’s order denying their motion for summary judgment, holding that the defendants were not entitled to qualified immunity because genuine issues of material fact existed as to … Since the Defendants do not argue that the facts alleged by the Plaintiff fail to support a claim of violation of clearly established law (which is an appealable issue), but rather appear to merely argue that the evidence

United States v. Ike Kozminski, Margarethe Kozminski, and John Kozminski

821 F.2d 1186 · Court of Appeals for the Sixth Circuit · Apr 16, 1987

Stock’s testimony is inadmissible because a foundation was not laid to establish its conformity to a generally accepted explanatory theory. … Stock was qualified. I must disagree.

Lanrao, Inc. v. United States

422 F.2d 481 · Court of Appeals for the Sixth Circuit · May 25, 1970

Neither the rule that permits the deduction of liquidation expenses as ordinary and necessary business expenses, established in Pacific Coast Biscuit Co. v. C. I. … Nor does it, by its terms, purport to modify a long established rule that capital selling expenses must be offset against capital sales prices.

United States v. Webb, Preston

Court of Appeals for the Sixth Circuit · Jul 11, 2003

The newer gun’s connection with the offense was clearly improbable. … The clearly erroneous.

Fed. Sec. L. Rep. P 95,374 Chelsea Associates, a Tennessee Partnership v. John A. Rapanos

527 F.2d 1266 · Court of Appeals for the Sixth Circuit · Dec 11, 1975

These findings are not clearly erroneous and accordingly may not be disturbed on appeal. … We cannot say the district court’s finding of non-materiality is clearly erroneous.

United States v. Carter

Court of Appeals for the Sixth Circuit · Jun 22, 2004

Even assuming that the district [N]either of the 1981 convictions for armed robbery qualify court clearly erred, Horn goes on to explain that “cases are Defendant for an enhancement. … Because this is clearly insufficient to comply findings as to contested issues of fact.

James R. Henegar v. City of Morristown, Tennessee, Mike Finley

856 F.2d 194 · Court of Appeals for the Sixth Circuit · Sep 1, 1988

for purposes of argument that absolute immunity does not apply, we are of the opinion that a verdict should have been directed for Officer Finley on the ground of qualified immunity. … Briggs, qualified immunity "provides ample protection to all but the plainly incompetent or those who knowingly violate the law." 475 U.S. at 341 .

Thomas E. Sutherland v. Michigan Department of Treasury

344 F.3d 603 · Court of Appeals for the Sixth Circuit · Nov 25, 2003

Sutherland and Nancy Karim, both Caucasian, brought suit alleging that they were denied promotions over less qualified minorities. … That minimum requirement was clearly set forth in the 'letters that were distributed to all candidates eligible for the promotions, and was established before any employees applied for the promotions.

Trihealth Inc. v. Bd Comm Ham Cnty OH

Court of Appeals for the Sixth Circuit · Dec 14, 2005

Hence, the presumption of rationality is not so clearly overcome in this case as in Bower. … TriHealth simply has not established the existence of a constitutionally protected property interest.

United States v. Phillip Brooks Barker

553 F.2d 1013 · Court of Appeals for the Sixth Circuit · Jun 1, 1977

However, the court refused to rule that the defense witness was qualified as an expert to present opinion testimony. … Once the defendant has made a “satisfactory showing,” the government may seek to establish abuse of process.

The Scrap Yard, LLC v. City of Cleveland

513 F. App'x 500 · Court of Appeals for the Sixth Circuit · Jan 31, 2013

Rather, the complaint merely identifies who these people are, states that they acted under color of state law, and that their actions “violated clearly established federal law and recovery based upon the facts set forth … in this complaint is not defeated by absolute or qualified immunity.”