Case law

United States v. Willie Benton, Jr.

957 F.3d 696 · Court of Appeals for the Sixth Circuit · Apr 30, 2020

In accordance with § 1B1.3(a)(2)’s plain language and its application notes, we have previously read that section as articulating two alternative grounds upon which an offense can qualify as “relevant conduct.” … Benton possessed with intent to distribute four kilograms of powder cocaine with an additional three kilograms of crack cocaine and a firearm upstairs, despite his well-established status as a felon.

Javery v. Lucent Technologies, Inc. Long Term Disability Plan for Management or LBA Employees

741 F.3d 686 · Court of Appeals for the Sixth Circuit · Feb 3, 2014

Defendant argues that Plaintiff has not established by a preponderance of the evidence that he was “disabled” at the relevant time. … Long Term Disability Plan Page 4 [Lucent] employment), (as a management or LBA employee), for which the individual is qualified or may reasonably become qualified by training

Metropolitan Board of Public Education, Metropolitan Government of Nashville and Davidson County v. Joel Guest, by and Through His Parents, Sara and Bob Guest Sara Guest Bob Guest

193 F.3d 457 · Court of Appeals for the Sixth Circuit · Oct 4, 1999

The district court also found that Joel received "appropriate supplemental special education and services from qualified and sincere individuals." JA at 36. … The Court did not make a finding as to whether substantive harm resulted from the first two violations established.

Sean Michael Flaim v. Medical College of Ohio

418 F.3d 629 · Court of Appeals for the Sixth Circuit · Aug 17, 2005

We have already clearly noted that Flaim has a significant interest in receiving adequate notice of the charges against him. … Here, given the *644 highly exaggerated nature of Flaim’s initial complaint, and the fact that Medical College of Ohio filed a Rule 12(b)(6) responsive motion that, among other things, raised the defense of qualified immunity

Jerman v. Carlisle, McNellie

Court of Appeals for the Sixth Circuit · Aug 18, 2008

debtor “validation rights can be triggered” under the FDCPA; (2) Defendants’ alleged mistake as to the written-dispute requirement was unintentional and resulted from a bona fide error; and (3) Defendants are absolutely immune … Jerman further argues that had Defendants established any meaningful procedures they would have either (1) sought a formal advisory opinion from the Federal Trade Commission on the “in writing” requirement, or (2) adopted

Occidental Chemical Corporation v. International Chemical Workers Union Local 820 International Chemical Workers Union

853 F.2d 1310 · Court of Appeals for the Sixth Circuit · Aug 1, 1988

Clearly there are different considerations in selecting an appropriate statute of limitations for an action to confirm or enforce an award and an action to vacate or modify an award. … The facts of this case clearly qualify our decision for retroactive application under Chevron Oil Co. v. Huson, 404 U.S. 97 , 92 S.Ct. 349 , 30 L.Ed.2d 296 (1971).

Fidelity & Columbia Trust Co. v. Lucas

66 F.2d 116 · Court of Appeals for the Sixth Circuit · Jun 29, 1933

It may also be remarked that where there is, as there was here, a firmly established doctrine of construction in ! … This is a possible construction, but we do not think that it is the natural one, for after the eldest child reached the age of thirty there would be no necessity for the qualifying phrase, and before that time the words used

Stanley v. Lazaroff

82 F. App'x 407 · Court of Appeals for the Sixth Circuit · Oct 3, 2003

Rather, the issue is whether the state court’s decision was “contrary to” or “an unreasonable application of’ clearly established federal law. … Miranda Waiver Stanley next argues that the state court’s denial of his motion to suppress his confession involved both unreasonable fact determinations and unreasonable applications of clearly established law.

United States v. Timothy Phillips

752 F.3d 1047 · Court of Appeals for the Sixth Circuit · May 27, 2014

The district court thus found it unnecessary to determine whether Phillips’s burglary conviction qualified under the ACCA’s residual clause. … This element clearly decreases the potential risk of serious injury.

Hansard v. Barrett

980 F.2d 1059 · Court of Appeals for the Sixth Circuit · Dec 2, 1992

It does not concern or in any way establish a right on the part of any prisoner to earn the credits involved here. … Clearly, then, no protected liberty interest in either good time credits or work opportunities is created by O.R.C. § 2947.151.

United States v. Nicholas J. Triana, Jr.

468 F.3d 308 · Court of Appeals for the Sixth Circuit · Nov 2, 2006

This Court finds Triana’s arguments to be disingenuous in light of the evidence established at trial. … instead are entities qualified to participate in, and receive reimbursement from those programs.”

United States v. John B. Swainson

548 F.2d 657 · Court of Appeals for the Sixth Circuit · Jan 31, 1977

It is appellant’s position that he would have been immune to prosecution under § 1623, because of the language of subsection (d)— (d) Where, in the same continuous court or grand jury proceeding in which a declaration is … Proof of the perjury charges was so intertwined with evidence relating to the other counts that it was clearly within the discretion of the prosecutor to try all the charges together. Rule 8(a), Fed.R.Crim.P.

Simms v. National Highway Traffic Safety Administration

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

That statute prohibits discrimination against otherwise qualified individuals with disabilities in "any program or activity conducted by any Executive agency." 29 U.S.C. Sec. 794 (a). … Wheelchair bound students are clearly "otherwise qualified" to attend school and therefore are within the protection of the Rehabilitation Act. Southeastern Community College v.

Raymond Tank and Elizabeth Tank v. Commissioner of Internal Revenue

270 F.2d 477 · Court of Appeals for the Sixth Circuit · Sep 18, 1959

Clark’s utilization of this well established scientific procedure serves, in our opinion, only to confirm, or reinforce, his qualification as an expert. The uncontroverted testimony discloses the following: Mr. … Such expert, for example, might conduct his examination by making rather deep, exploratory openings in the earth which might establish a direct cause of cracks in a building.” (Petitioners’ Brief, Appendix, p. 118a.)

Doris Simmons-Harris Marla Franklin Steven Behr, Rev. Sue Gatton Mary Murphy Michael Debose Cheryl Debose Glenn Altschuld Deidra Pearson v. Susan Tave Zelman, Superintendent of Public Instruction, State of Ohio, (00-3055/3060), Senel Herman Taylor, Intervenors-Defendants-Appellants (00-3055), Hanna Perkins School, Intevenors-Defendants-Appellants (00-3063)

234 F.3d 945 · Court of Appeals for the Sixth Circuit · Dec 11, 2000

to qualify the aid as constitutional." 120 S. … I then examine the Supreme Court Establishment Clause cases decided since Nyquist, which clearly indicate that the Ohio voucher program is not unconstitutional. 1. 63 In Nyquist, the Supreme Court was required to decide whether

Grutter v. Bollinger

188 F.3d 394 · Court of Appeals for the Sixth Circuit · Aug 10, 1999

The intervenors claim that the resolution of this case directly threatens the access of qualified African-American and Latino/a students to public higher education and that the University will not adequately represent their … For example, in Miller, where the defendants -included the Secretary of State and the Attorney General, this court clearly stated that the proposed interve-nors were required only to show that the representation might be

Andre Coleman v. Governor of State of Michigan

413 F. App'x 866 · Court of Appeals for the Sixth Circuit · Mar 16, 2011

Absolute judicial immunity applies not only to judges, but has extended, in the form of quasi- judicial immunity, to any person acting as an arm of the absolutely immune judicial officer. See Bush v. … As the district court correctly states, the Administrative Order 2001-5 “qualifies as a judicial action considered by the district court, unless review of an issue is necessary in order to prevent manifest injustice, promote

David Hoschar v. Chris Layne

647 F. App'x 632 · Court of Appeals for the Sixth Circuit · May 10, 2016

Ct. 1497 (2012), and on the state-law claim on the ground that the Hoschars failed to establish that the proceeding was instituted without probable cause. On * Honorable Joseph M. … protected by absolute immunity under Rehberg.

Andrew Hedgepeth, Celia Burson, David McCleary and Gaynell Metts, on Behalf of Themselves and All Others Similarly Situated v. State of Tennessee, State of Tennessee Department of Safety, and Mike Green, in His Official Capacity as Commissioner of the State of Tennessee Department of Safety

215 F.3d 608 · Court of Appeals for the Sixth Circuit · Jun 12, 2000

When the defendant challenges subject matter jurisdiction through a motion to dismiss, the plaintiff bears the burden of establishing jurisdiction. See id. … Unlike the majority, I believe that, regardless of where the monies are deposited, Tennessee's assessment clearly constitutes a regulatory fee rather than a tax.

Gibson Guitar Corp. v. Paul Reed Smith Guitars, Lp

423 F.3d 539 · Court of Appeals for the Sixth Circuit · Sep 12, 2005

Post-Sale Confusion The one published case where we have applied post-sale confusion is also clearly distinguishable from the present ease. … However, the further determination of whether a given set of foundational facts establishes a likelihood of confusion is a legal conclusion.