Case law

United States v. John J. Marra

481 F.2d 1196 · Court of Appeals for the Sixth Circuit · Jul 24, 1973

The District Judge’s recited reasons for his ruling are so clearly correct that we need not support them with our own dissertation. At trial, Dr. … Whether the lower court erred in denying the Defendant’s motion to suppress evidence when the facts upon which the decision was based clearly established that the Defendant had been misled by the Revenue Agent into believing

LULAC v. Bredesen

Court of Appeals for the Sixth Circuit · Aug 28, 2007

As an initial matter, equal protection is not one of those substantive areas of the law where, as in the case of qualified immunity under 42 U.S.C. § 1983 or federal habeas corpus under AEDPA, the degree to which Supreme … Court precedent is “clearly established” determines the likelihood of relief.

United States v. Williams

640 F. App'x 492 · Court of Appeals for the Sixth Circuit · Feb 4, 2016

The district eourt thereafter determined that Defendant qualified as a “career offender” under U.S.S.G. § 4B1.1 and sentenced him to a below-Guidelines term of 217 months’ imprisonment. … We conclude that the record in this case does not establish “a reasonable probability that, but for the error, [Defendant] would have received a more favorable sentence.” Wilson, 614 F.3d at 223 (emphasis added).

United States v. Edward Carter

374 F.3d 399 · Court of Appeals for the Sixth Circuit · Jun 22, 2004

She wrote: 66 [N]either of the 1981 convictions for armed robbery qualify Defendant for an enhancement. … Two prior unrelated felony convictions were needed to establish the offense level under which Defendant was sentenced.

McCain v. Director, Office of Workers Compensation Programs

58 F. App'x 184 · Court of Appeals for the Sixth Circuit · Mar 6, 2003

But if McCain established the existence of pneumoconiosis, I am not at all sure that it was impermissible for the ALJ to conclude, as he did, that McCain still could not establish that his disability was due. even in part … Rubio’s opinion is arguably a “reasoned” one, and it does represent the firmly held view of a treating physician who was well qualified in the relevant medical specialty.

Fox v. Corrigan

161 F. App'x 522 · Court of Appeals for the Sixth Circuit · Dec 29, 2005

He appeals the district court’s dismissal of his suit based on qualified immunity grounds. … Furthermore, because no constitutional violation occurred, the Court need not address Plaintiff’s arguments regarding qualified immunity. See Saucier v. Katz, 533 U.S. 194, 201 (2001); Toms v.

Davis v. Michigan Trust Co.

2 F.2d 194 · Court of Appeals for the Sixth Circuit · Nov 11, 1924

It establishes priority, which is limited to the particular state of things specified. … Judicial opinion as well as legislation is examining anew the proper privileges and immunities to be aceorded the sovereign state, and in eases not clearly covered by statute or decision the correct solution is not to be

Holder v. Palmer

588 F.3d 328 · Court of Appeals for the Sixth Circuit · Dec 9, 2009

We conclude the district court correctly found that the state courts’ decisions reasonably comport with clearly established federal law. … Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), which the Supreme Court had clearly established at the time of his conviction, to show ineffective assistance of counsel.

United States v. Robert Homrich

59 F.3d 171 · Court of Appeals for the Sixth Circuit · Jun 30, 1995

A careful consideration of the record shows the factual findings made by the court were not clearly erroneous. 46 b. … The district court's factual finding was not clearly erroneous as to the amount of drugs attributable to Homrich. IV.

RLR Investments, LLC v. City of Pigeon Forge, Tenn.

4 F.4th 380 · Court of Appeals for the Sixth Circuit · Jul 13, 2021

Coast Line Co., 211 U.S. 210, 226 (1908)); see Van Hoven, 947 F.3d at 892 (holding that a writ of garnishment did not qualify as a judgment for Rooker-Feldman). … The Order qualifies as a judgment.

Bristol Reg'l Women's Center v. Herbert Slatery, III

7 F.4th 478 · Court of Appeals for the Sixth Circuit · Aug 5, 2021

Even an unexpected $50 expense can cause women that qualify as low income to forgo food. Id. at 244 (Page ID #5036). … The evidence, however, established “that post-abortion regret is uncommon.” Adams & Boyle, 494 F. Supp. 3d at 525, 561–62.

United States v. A.D. Roe Company

186 F.3d 717 · Court of Appeals for the Sixth Circuit · Jun 28, 1999

Id. 25 We will not set aside the factual findings of the district court unless they are clearly erroneous. Fed. R. Civ. P. 52(a); RMI Titanium Co. v. Westinghouse Elec. Corp., 78 F.3d 1125, 1135 (6th Cir. 1996). … By changing the phrase to read "allegations or transactions," Congress clearly intended that the public disclosures at issue be of something more than simple information from which no one could deduce that fraud had occurred

William Mallory v. George C. Eyrich

839 F.2d 275 · Court of Appeals for the Sixth Circuit · Feb 12, 1988

The plaintiffs are black residents of Cincinnati who are qualified to vote in judicial elections. … No black candidate has won a contested race for municipal judge against a white opponent when the electorate consisted of all the qualified voters of Hamilton County.

United States v. Erpenbeck

Court of Appeals for the Sixth Circuit · Jul 2, 2008

The fraud here clearly resulted in financial losses, at least initially, to the homeowners. … The court determined that account holders who suffered only a momentary loss did not qualify as victims.

Ford Motor Company v. United States Environmental Protection Agency, and State of Michigan, Intervenor

567 F.2d 661 · Court of Appeals for the Sixth Circuit · Dec 6, 1977

Without question, Ford’s Monroe plant is a “point source,” as defined in Section 502(14) of the Act, 33 U.S.C. § 1362 (14), and is thus not within the qualified exception recognized in the Conference Committee Report. … Because the water quality standards thus do not immunize the otherwise-unlawful discharge, Section 301(a) of the Act, 33 U.S.C. § 1311 (a), applies to forbid the discharge.

Kim D. Ferritto v. Ohio Department of Highway Safety, Ohio State Highway Patrol, and Ohio Bureau of Motor Vehicles

928 F.2d 404 · Court of Appeals for the Sixth Circuit · Mar 19, 1991

928 F.2d 404 Unpublished Disposition 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 … Haydon, 853 F.2d 418, 424-25 (6th Cir.1988) (when qualified immunity is raised by defendant, court must give plaintiff opportunity to present additional facts or allegations), cert. denied, 488 U.S. 1007 (1989).

Campbell v. PMI Food Equipment Group, Inc.

509 F.3d 776 · Court of Appeals for the Sixth Circuit · Dec 14, 2007

2) was discharged, (3) was qualified for the position held, and, lastly, (4) was replaced by someone outside of the protected class. … To protect the right to petition, the Supreme Court has established what has become known as the “Noerr-Pennington doctrine.”

United States v. Smith

Court of Appeals for the Sixth Circuit · Dec 2, 2008

These factual assessments of the district court are far from clearly erroneous. … Smith has three qualifying convictions for controlled substances offenses, dating from May 5, 1997, May 6, 1997, and March 12, 1998, respectively.

EMW Women's Surgical Center v. Eric Friedlander

978 F.3d 418 · Court of Appeals for the Sixth Circuit · Oct 16, 2020

Guided by the analysis of the plurality opinion, the evidence in this case was insufficient to establish a good-faith attempt, even under the deferential clearly erroneous standard. 19To illustrate: The plurality … Ct. at 2122–23 (plurality opinion) (explaining that “some providers could have chosen in good faith not to apply to every qualifying hospital for admitting privileges”).

Kevin Miller v. AXA Winterthur Insurance Co.

694 F.3d 675 · Court of Appeals for the Sixth Circuit · Sep 13, 2012

answer clearly is that it cannot.”). … Arising From The district court found that Miller has established that his cause of action does arise from Winterthur’s contacts with Michigan.