Case law

American Canoe Association, Incorporated Sierra Club v. City of Louisa Water & Sewer Commission Louisa Water Treatment Plant City of Louisa, Kentucky

389 F.3d 536 · Court of Appeals for the Sixth Circuit · Nov 1, 2004

As the Supreme Court has held: “There is no question that an association may have standing in its own right to seek judicial relief from injury to itself and to vindicate whatever rights and immunities the association itself … Moreover, their ability to propose legislation and to bring litigation based upon the information collected by the defendants is clearly hampered.

James Knight v. Metro Gov't of Nashville

67 F.4th 816 · Court of Appeals for the Sixth Circuit · May 10, 2023

It provides: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process … But Nashville identifies nothing in the “historical record” that would allow us to establish one set of more demanding takings rules for conditions imposed at the discretion of administrators and another set of less demanding

Crockett Colleries, Inc. v. Barrett

478 F.3d 350 · Court of Appeals for the Sixth Circuit · Feb 16, 2007

Total disability may be proved in one of four ways: (1) qualifying pulmonary function tests; (2) qualifying arterial blood-gas tests; (3) cor pulmonale with right-sided congestive heart failure; or (4) a physician exercising … Although three of the four produced qualifying results, the ALJ found that one of those three tests was invalid.

Doe v. United States

932 F.2d 481 · Court of Appeals for the Sixth Circuit · Apr 26, 1991

In each of these cases, the judicial role in the proceedings was so substantial and clearly defined by state statute as to be properly characterized as preliminary to a judicial proceeding. … In Ernst & Whinney we explicitly stated that the burden of establishing particularized need is necessarily heavy in order to protect the secrecy of the grand jury.

McKamey v. Roach

55 F.3d 1236 · Court of Appeals for the Sixth Circuit · Jun 9, 1995

Unless the plaintiffs’ conversations qualify as wire, oral or electronic communications, however, Title III affords them no protection. … We must also determine whether the plaintiffs’ conversations qualify as “oral communications” under the Act.

United States v. Hamad

495 F.3d 241 · Court of Appeals for the Sixth Circuit · Jul 19, 2007

Florida, 430 U.S. 349, 362 , 97 S.Ct. 1197 , 51 L.Ed.2d 393 (1977) (plurality) (qualifying Williams v. … Because Rule 32 does not clearly state that a district court sua sponte may depart upward from an applicable Guidelines sentencing range without providing notice to the defendant we decline to impute such an intention to

United Steelworkers of America, for Itself and on Behalf of Local 12943 v. The Mead Corporation, Fine Paper Division

21 F.3d 128 · Court of Appeals for the Sixth Circuit · Apr 11, 1994

The agreement includes a promise by the Unión not to strike, and establishes a grievance and arbitration procedure. … Further, this Agreement shall not be amended, changed, altered, or qualified, except by an instrument in writing duly signed by the parties signatory hereto/ In the summer of 1992, while suffering economic difficulties and

David L. Kennedy (88-1254) v. Commissioner of Internal Revenue, Joseph D. Auberger and Wanda Auberger (88-1255) v. Commissioner of Internal Revenue

876 F.2d 1251 · Court of Appeals for the Sixth Circuit · Jun 5, 1989

We are cognizant that we are precluded from setting aside factual findings made by the Tax Court unless they are clearly erroneous. … Moreover, he lacked any information pertaining to petitioners’ 1978-80 tax liability and was not qualified as a geologist capable of rendering an expert opinion regarding mineral property or mining operations.

Shisler v. United States

199 F.3d 848 · Court of Appeals for the Sixth Circuit · Dec 28, 1999

The court stated that the twenty-day limitation period of section 7609(b)(2)(A) was a jurisdictional limitation which served as a conditional waiver of the United States’ sovereign immunity. … Without citing any authority, petitioners contend that a postal service date stamp and the declaration of the person who actually mailed the notices is required in order to establish the dates *851 on which the notices were

United States v. Brown

579 F.3d 672 · Court of Appeals for the Sixth Circuit · Aug 26, 2009

See Frabizio, 459 F.3d at 88 (“one dispute [among the circuits] is ... how many of [Dost ] factors must be present in an image for it to qualify as ‘lascivious’ ”). … The use of the word “intended” seems to establish that the subjective intent of the photographer is relevant. See United States v.

Richard Davis v. Hartford Life & Accident Ins.

980 F.3d 541 · Court of Appeals for the Sixth Circuit · Nov 19, 2020

All told, the district court did not clearly err in finding that Hartford Life exercised its discretionary authority in terminating Davis’s benefits. … It was thus reasonable for Hartford Life to determine that Davis no longer qualified as disabled under the policy.

In Re Metro. Govern. of Nashville and Davidson

606 F.3d 855 · Court of Appeals for the Sixth Circuit · Jun 4, 2010

This is because such an order does not qualify as a “final decision[]” under 28 U.S.C. § 1291 and thus is not reviewable until a final judgment has been entered by the district court. See Pellarino, 424 F.2d at 242. … It also fails to make any argument about why, if we do establish such a precedent, we should adopt the most lenient standard available.

Leslee Grinnell v. City of Taylor, Mich.

Court of Appeals for the Sixth Circuit · May 18, 2022

The defendant officers now seek relief in this interlocutory appeal, contending that they are entitled to qualified immunity. … The remaining Defendants timely appealed the district court’s denial of qualified immunity.

Utility Workers Union v. Consumers Power Co.

637 F.2d 1082 · Court of Appeals for the Sixth Circuit · Jan 6, 1981

In establishing standards for qualified pension trusts in the Internal Revenue Code, 26 U.S.C. § 401 (a)(15)(A), Congress provided that, A trust shall not constitute a qualified trust under this section unless under the plan … In this regulation, the Treasury Department stated that “the total benefits resulting under [a qualified pension] plan and under such [federal or state] law [must] establish an integrated and correlated retirement system

John Demjanjuk v. Joseph Petrovsky

776 F.2d 571 · Court of Appeals for the Sixth Circuit · Oct 31, 1985

The crime of murder is clearly included in the offenses for which extradition is to be granted under the treaty. … The district court clearly certified that Demjanjuk was subject to extradition solely on the charge of murder.

W. Hobart Pierce, Individually and as Administrator of the Estate of Richard L. Pierce, Deceased v. United States

679 F.2d 617 · Court of Appeals for the Sixth Circuit · May 27, 1982

If they established a breach of duty by the government which was either the sole proximate cause or a concurrent proximate cause they made out a prima facie case. … If the facts are found “specially” and stated clearly, appellate review is facilitated. Compare Metalock Repair Service, Inc. v. Harman, 258 F.2d 809 (6th Cir. 1958). 3 .

United States v. Branham

97 F.3d 835 · Court of Appeals for the Sixth Circuit · Oct 4, 1996

Accordingly, we hold that Allen has failed to establish prosecutorial vindictiveness. B. … But in this case, he clearly perjured himself....

John T. Martin v. Edward Perez

319 F.3d 799 · Court of Appeals for the Sixth Circuit · Feb 13, 2003

The Seventh Circuit held that Jones does not qualify for a claim of actual innocence under Section 2255 because it does not state a new rule of constitutional law, merely a new rale of statutory construction. … We now publish this opinion in order to more clearly affirm the authority.

United States v. Shaver

89 F. App'x 529 · Court of Appeals for the Sixth Circuit · Feb 27, 2004

In the alternative, he appeals his sentence as based on clearly erroneous findings of fact. We affirm the jury verdict and the sentence of the district court. … These findings were not clearly erroneous and must be sustained upon review. B.

Robert King v. Wade McCree

573 F. App'x 430 · Court of Appeals for the Sixth Circuit · Jul 21, 2014

Judge McCree, as the party claiming judicial immunity, bears the burden of establishing that judicial immunity is proper. See ibid, (citing Antoine v. … Id. at 369 , 98 S.Ct. 1099 (Powell, J., dissenting separately). 11 Nor has the Court spoken with a single voice in determining what qualifies as a judicial act even under the accepted Stump test.