Case law
Opinions from 1658 to today.
10,000+ results
1.33s
Lebamoff Enters., Inc. v. Gretchen Whitmer
Court of Appeals for the Sixth Circuit · Apr 21, 2020
Today’s severability clause clearly conveys the Michigan legislature’s intent, and it distinguishes our case from the one on which Lebamoff most heavily leans: Cherry Hill, 553 F.3d at 435. … In 2016, Michigan conducted 18,039 on-site physical inspections and related contacts at retail establishments for licensing and enforcement purposes.
Cited 0 timesPublished213 F.3d 302 · Court of Appeals for the Sixth Circuit · May 22, 2000
Of those residents who qualify for jury service, 2.49% are African-American. … only if it first clearly and convincingly establishes, outside the presence of the jury, the relevance and non-prejudicial character of the offered evidence. 67 25 F.3d at 1216-17 (Becker, J., concurring in part, dissenting
Cited 4 timesPublishedUnited States v. Tyrone Christian
925 F.3d 305 · Court of Appeals for the Sixth Circuit · May 31, 2019
That is the case here too, where alone some parts of the affidavit might be criticized but taken together they point clearly to one conclusion: that Christian was dealing drugs from 618 Grandville. … Indeed, Hython by negative inference supports the existence of good-faith reliance here by showing just how unsubstantiated an affidavit must be to fail to qualify under Leon 's good-faith exception.
Cited 76 timesPublishedUnited States v. Phillip Ray Jeter
775 F.2d 670 · Court of Appeals for the Sixth Circuit · Oct 11, 1985
WHETHER THE GOVERNMENT ESTABLISHED THE REQUISITE ELEMENTS OF THE CONSPIRACY COUNT. … In either case, an actor wishing to engage in privileged activity is inhibited by doubt as to his immunity from statutory burdens. 83 Harv.L.Rev. at 871 n. 104. .
Cited 74 timesPublishedOhio Contractors Ass'n v. Keip
713 F.2d 167 · Court of Appeals for the Sixth Circuit · Jul 12, 1983
While Bakke and Fullilove clearly allow a certain amount of latitude in remedial plans, even at the expense of color-blind treatment, I do not believe they support legislation such as this, which contains no durational limitation … To qualify as a constitutionally permissible means of ameliorating the effects of identified past discrimination, this type of remedy must be “reasonably necessary” or “substantially related to the achievement of its remedial
Cited 24 timesPublished19 F.4th 928 · Court of Appeals for the Sixth Circuit · Dec 3, 2021
Havis abrogated prior precedent to hold that attempt crimes did not qualify as controlled substance offenses under § 4B1.1. 927 F.3d at 387. … In light of Havis, the government and Hymes agreed that his prior attempt convictions did not qualify as controlled substance offenses under § 4B1.1.
Cited 67 timesPublishedUnited States v. Kenneth Clemons
38 F.3d 1217 · Court of Appeals for the Sixth Circuit · Oct 21, 1994
38 F.3d 1217 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 of copies of cited unpublished … Notice of Enhancement 8 Prior to trial, the government filed a notice indicating that Clemons qualified for sentence enhancement under the ACCA. The notice listed three prior convictions.
Cited 0 timesPublishedLillard v. Shelby County Board of Education
76 F.3d 716 · Court of Appeals for the Sixth Circuit · Feb 21, 1996
It was after this incident that Briana's parents decided that "Leventhal's actions were clearly sexual in nature and that he had a problem with power over young girls." … The district court reached this issue as an alternative to its disposition of the claims against these defendants, in their official capacities only, on the grounds of Eleventh Amendment immunity.
Cited 1 timesPublishedJean Lifter v. Cleveland State Univ.
707 F. App'x 355 · Court of Appeals for the Sixth Circuit · Sep 12, 2017
, Boise was entitled to qualified immunity, the plaintiffs’ claims were meritless, and the plaintiffs were estopped from bringing suit by virtue of their unsuccessful SERB complaints. … Cleveland State University employer’s rating system qualified as “a legitimate, non-discriminatory reason” for not promoting her and that “others were promoted ahead of her because they were more qualified, based on criteria
Cited 2 timesUnpublishedMichael J. Friedrich v. Secretary of Health and Human Services
894 F.2d 829 · Court of Appeals for the Sixth Circuit · Mar 7, 1990
The statute does not list some medical procedures as qualifying and leave it to the Secretary to supplement the list. … Rather, it prescribes a test for determining what procedures qualify — those that are reasonable and necessary.
Cited 37 timesPublishedHoward L. Colby v. George v. Long
289 F.2d 137 · Court of Appeals for the Sixth Circuit · Apr 15, 1961
The proffered evidence which the District Judge excluded was clearly admissible, under Oregon law, to rebut the prima facie presumption of ownership established by the Oregon registration of title and tended to prove that … Under Ohio law, the certificate of title does not conclusively establish the issue of control. In Ross v.
Cited 6 timesPublished230 F.2d 304 · Court of Appeals for the Sixth Circuit · Feb 11, 1956
It appears to me that the Commissioner has failed to establish that there was a reorganization within the intendment of the statute. The new corporation was an entirely different entity. … Liddon, if he desired it, and qualified for it, and continued to engage in the busi - ness of selling cars. That may be so.
Cited 28 timesPublished760 F.3d 513 · Court of Appeals for the Sixth Circuit · Jul 28, 2014
At the time of Webb’s sentencing hearing, in January 2011, the prevailing case law in this Circuit, established by United States v. … Because Webb was sentenced to a pre-FSA mandatory minimum after the statute’s enactment, he is clearly entitled to a sentence reduction under Dorsey.
Cited 18 timesPublishedDavid Ferris, II v. City of Cadillac, Mich.
Court of Appeals for the Sixth Circuit · Mar 30, 2018
Plaintiff appeals the district court’s decision granting summary judgment for Defendants on the grounds of qualified immunity. … “The second is to ask if the right at issue was ‘clearly established’ when the event occurred such that a reasonable officer would have known that his conduct violated it.” Id.
Cited 0 timesUnpublishedCourt of Appeals for the Sixth Circuit · Sep 7, 2005
Under either Kentucky law or Atkins, Bowling has failed to establish a prima facie case on his mental retardation claim. None of his I.Q. scores falls below the cutoff of 70 established by the Kentucky statute. … Id. at 384 n.37 (“If a trial court found otherwise, we would deem that finding to be clearly erroneous.”).
Cited 0 timesPublishedMary Christine Smith v. William J. Henderson, Postmaster General, United States Postal Service
376 F.3d 529 · Court of Appeals for the Sixth Circuit · Jul 15, 2004
The above-described actions involve the manner in which the USPS supervised and/or criticized Smith’s job performance and assigned job duties to her, actions which normally are insufficient to establish a constructive discharge … In many situations, such as the instant case, the duty to request one’s former job back would immunize the employer’s failure to abide by its legal obligation to provide a reasonable accommodation.
Cited 101 timesPublishedMeade v. Pension Appeals & Review Committee
966 F.2d 190 · Court of Appeals for the Sixth Circuit · Jun 4, 1992
In support of his application for total and permanent disability benefits, Meade submitted a notice from the Social Security Administration, indicating that he had been declared a qualifying recipient for Social Security … Clearly, these allegations assert that the defendant has breached its fiduciary duty in the maintenance and disbursement of funds under the plan_” Opinion and Order at 7.
Cited 6 timesPublishedAetna Insurance Company v. Evelyn Stringham
440 F.2d 103 · Court of Appeals for the Sixth Circuit · Mar 31, 1971
The Court said at pages 241, 242, 88 N.W.2d at page 602 , 14 'As the years have passed, however, the doctrine of the special immunity of landowners, particularly with respect to trespassing children, has been subjected to … For the fact that a trespass exists is similarly established regardless of whether the proof of such trespass is sought to avoid liability or to support recovery for damages.
Cited 0 timesPublishedTackett v. M & G POLYMERS, USA, LLC
561 F.3d 478 · Court of Appeals for the Sixth Circuit · Apr 3, 2009
To remedy this, the Supreme Court established a bright line rule: If the Legislature clearly states that a threshold limitation on a statute’s scope shall count as jurisdictional, then courts and litigants will be duly instructed … Despite this “clearly established rule,” an appeals court will reverse for failure to notify only if the losing party can “demonstrate prejudice.” Id.; Harrington v.
Cited 1,524 timesPublishedCourt of Appeals for the Sixth Circuit · Nov 14, 2003
The affidavit clearly implies what United States v. … Indeed, many otherwise after an alleged long career in the drug business to unburden unobtainable convictions are secured through extending his soul of his criminal conduct at 4 A.M. in his half-sister’s immunity
Cited 0 timesPublished
Ask Donna