Case law
Opinions from 1658 to today.
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United States v. Casaneyl Valentine
100 F.3d 1209 · Court of Appeals for the Sixth Circuit · Nov 12, 1996
Valentine qualified for a three-level reduction for acceptance of responsibility, resulting in a final adjusted offense level of 28. … The Guidelines established an elaborate system to weigh all, or virtually all, of the facets of an offender’s criminal activities.
Cited 14 timesPublishedUnited States v. Craig Lee Fuller
497 F.2d 551 · Court of Appeals for the Sixth Circuit · May 21, 1974
Turcotte, 487 F.2d 417 (5th Cir. 1973), there was likewise a clearly stated conscientious opposition to any war derived from religious training and beliefs. … Brown’s *556 conclusion of acceptability may not be relied upon as establishing a basis in fact for the final determination.
Cited 1 timesPublishedThomas D. Monzo v. Ron Edwards, Warden
281 F.3d 568 · Court of Appeals for the Sixth Circuit · Feb 22, 2002
There is no question that Strickland qualifies as clearly established federal law under § 2254(d)(1). Williams v. Taylor, 529 U.S. 362, 391 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000). … “[A] federal habeas court making the ‘unreasonable application’ inquiry should ask whether the state court’s application of clearly established federal law was objectively unreasonable.” Id. at 409 , 120 S.Ct. 1495 .
Cited 381 timesPublishedUnited States v. Terrence C. May
399 F.3d 817 · Court of Appeals for the Sixth Circuit · Feb 23, 2005
The district court’s factual findings are upheld unless they are clearly erroneous, but its “legal conclusions as to the existence of probable cause are reviewed de novo.” United States v. … Greene, 250 F.3d 471, 480 (6th Cir.2001) (“Sixth Circuit precedent clearly establishes that the affiant need only specify that the confidential informant has given accurate information in the past to qualify as reliable.”
Cited 71 timesPublishedRichard J. Getty v. Scott Reed, John W. Collis v. Scott Reed
547 F.2d 971 · Court of Appeals for the Sixth Circuit · Feb 8, 1977
We believe these principles have been established by precedents of this court: Calloway v. … As the District Judge noted, Taylor is strong authority for rejecting appellants’ attacks upon the three tiered disbarment procedures established by Kentucky law and rule.
Cited 19 timesPublishedOhio Police & Fire Pension Fund v. Standard & Poor's Financial Services LLC
700 F.3d 829 · Court of Appeals for the Sixth Circuit · Dec 3, 2012
An MBS offering is initiated by an “arranger,” “typically an investment bank,” that buys mortgage loans from lenders and transfers those loans to an affiliated “bankruptcy remote trust” that is “immune from any bankruptcy … The Funds’ claims fail as a matter of law under established pleading standards.
Cited 87 timesPublished350 F.3d 578 · Court of Appeals for the Sixth Circuit · Dec 2, 2003
immunity. … Stemler did not 12(b)(6) motions to dismiss on the ground of qualified pursue an appeal. immunity. The district court then consolidated her case with Chipman’s and awarded summary judgment to Florence.
Cited 30 timesPublished679 F.2d 608 · Court of Appeals for the Sixth Circuit · May 27, 1982
Thus "(a)bsent a clearly expressed legislative intention to the contrary, that language must ordinarily be regarded as conclusive." Consumer Product Safety Comm'n v. … Entrustment was found to be a key factor in determining who qualified as a customer. 29 As we have indicated, none of the cited decisions require a holding that the church did not qualify for protection in the present case
Cited 3 timesPublished662 F.2d 1219 · Court of Appeals for the Sixth Circuit · Oct 21, 1981
The weight of the evidence clearly suggests otherwise. … In the 14th Amendment of the Constitution of the United States there is this provision: *1230 APPENDIX — Continued “ * * * No state shall make or enforce any law which shall abridge the privileges or immunities of citizens
Cited 16 timesPublished828 F.2d 20 · Court of Appeals for the Sixth Circuit · Sep 1, 1987
Finally, the court is of the opinion that, assuming the defendants, as held by the district court, have only a qualified and not an absolute immunity, there has been a total failure on the part of the plaintiff to establish … any facts which if true would show that the defendants violated a clearly established constitutional right of the plaintiff of which the defendants should have known at the time that right was supposedly violated. 9 Accordingly
Cited 0 timesUnpublished990 F.2d 875 · Court of Appeals for the Sixth Circuit · Mar 25, 1993
Amendment on prenatal medical care for so-called "uncooperating" unwed pregnant mothers. 56 Unfortunately, Congress has not written its Medicaid prenatal care statute concerning a pregnant woman's duty to identify the father as clearly … The legislative history of the 1990 Amendment clearly states that the statute changes the law in order to allow pregnant women in poverty to be eligible for prenatal medical care even though they cannot (as in this case)
Cited 0 timesPublished391 F.2d 77 · Court of Appeals for the Sixth Circuit · Feb 19, 1968
In order to qualify for federal funds, receipt of which was contingent upon compliance with the Civil Rights, Act, the board of education adopted a plan of desegregation which was submitted to the United States Department … Certainly, the amount fixed is not clearly erroneous. 21 On the question of allowance of attorney fees the judge found a long, continuing pattern of evasion and obstruction of the desegregation of schools in Lincoln County
Cited 27 timesPublishedRonald Cauthern v. Roland Colson
736 F.3d 465 · Court of Appeals for the Sixth Circuit · Nov 14, 2013
While not binding as clearly established law, we note that the remarks here bear some resemblance to those in Bates v. … Petitioner presents no substantive argument that the state court’s decision violated clearly established law. .
Cited 18 timesPublishedNational Labor Relations Board v. Fluor Daniel, Inc.
102 F.3d 818 · Court of Appeals for the Sixth Circuit · Dec 18, 1996
DeWitt and Saltsman were less qualified than those who were actually hired, but the other 17 applicants sponsored by the Boilermakers Union were just as qualified. … The NLRB has established, and the Supreme Court has affirmed, a sequence of proof-taking that permits the NLRB to establish a prima facie ease by showing only that a discriminatory motive was one of a “mixed” set of motives
Cited 2 timesPublishedLindsay v. Pizza Hut of America
57 F. App'x 648 · Court of Appeals for the Sixth Circuit · Jan 29, 2003
In Lindsay’s case, even if one assumes that he established a prima facie case, he failed to produce sufficient evidence to rebut Pizza Hut’s legitimate, nondiscriminatory reasons for sending a more qualified employee of two … Rule 11 sanction is particularly deferential, see Cooter & Gell, 496 U.S. at 400-05 , 110 S.Ct. 2447 ; a district court abuses its discretion only if its ruling is predicated on an erroneous interpretation of the law or a clearly
Cited 3 timesPublishedWitham v. Intown Suites Louisville Northeast, LLC
815 F.3d 260 · Court of Appeals for the Sixth Circuit · Mar 10, 2016
The company’s employee handbook states that “there are clearly serious infractions that are cause for immediate termination,” R. 21-1 at 3, and Witham’s conduct during the confrontation readily qualifies. … Unable to muster her own evidence establishing a genuine dispute of material fact, Witham argues that the company’s evidence requires this case to reach a jury.
Cited 7 timesPublishedOakbrook Land Holdings, LLC v. Comm'r of Internal Rev.
28 F.4th 700 · Court of Appeals for the Sixth Circuit · Mar 14, 2022
Once that is established, we turn to the facts of this case. A. … This type of gift may qualify for a deduction if it is “of a qualified real property interest,” “to a qualified organization,” and is “exclusively for conservation purposes.” I.R.C. § 170(h)(1)(A)–(C).
Cited 21 timesPublishedFatos Vasha v. Alberto Gonzales, Attorney General
410 F.3d 863 · Court of Appeals for the Sixth Circuit · Jun 14, 2005
Under the INA, the Attorney General may grant asylum to an alien who qualifies as a “refugee,” which is defined as one “who is unable or unwilling to return to ... … In order to qualify for withholding of removal, Vasha “must establish that there is a clear probability that he will be subject to persecution if forced to return to [Albania].” Id.
Cited 136 timesPublishedUnited States v. Catherine Johnson
414 F.2d 22 · Court of Appeals for the Sixth Circuit · Jun 19, 1969
She was thereupon brought before a United States District Judge and granted immunity in relation to her testimony under the immunity provision of the Federal Communications Act, 47 U.S.C. 409(l) (1964). … We think it is much too late to doubt that the grant of immunity to appellant was coextensive with the relevant answers she gave to the questions asked under the grant of immunity. Murphy v.
Cited 18 timesPublishedArgo-Collier Truck Lines Corporation v. United States
611 F.2d 149 · Court of Appeals for the Sixth Circuit · Dec 13, 1979
It is also troubling that the ICC failed to address points of error which were clearly not frivolous and which the protestants urged with vigor. … Thus, although existing carriers are not given complete immunity from competition, the grant of additional service must be found to serve the public interest as articulated by Congress.
Cited 1 timesPublished
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