Case law
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United States v. Kenneth Valentine
694 F.3d 665 · Court of Appeals for the Sixth Circuit · Sep 12, 2012
Accordingly, we reject Defendants’ argument that Judge Enslen’s statements qualify as a specific finding of quantity; Judge 3 Defendants contend that despite the 1.5-kilogram threshold, Judge Enslen … “A court’s approximation of the amount of drugs involved in a particular case is not clearly erroneous if supported by competent evidence in the record.”
Cited 23 timesPublishedGerald L. Hendricks v. Gerald F. Miller
822 F.2d 1088 · Court of Appeals for the Sixth Circuit · Jul 13, 1987
However, we're stating he is also immune due to qualified immunity and the fact that the lack of state remedies has not been plead under [Vicory v. … However, appeals from the denial of qualified immunity claims are subject to 'the same temporal limitations that are applicable generally to the perfection of appeals.
Cited 0 timesUnpublished251 F.3d 540 · Court of Appeals for the Sixth Circuit · May 31, 2001
Whether certain of these statements, which are clearly "forward-looking" within the meaning of the Reform Act, enjoy safe harbor immunity is a close question. … Our case law clearly establishes that such information need not be disclosed.
Cited 1 timesPublishedCourt of Appeals for the Sixth Circuit · Mar 17, 2006
Thus the district court’s grant of the VA’s motion for summary judgment can be upheld “only if the record shows that [the VA] established the defense so clearly that no rational jury could have found to the contrary.” … We do not agree that the VA has established this defense so clearly.
Cited 0 timesPublishedMax Trucking, LLC v. Liberty Mutual Insurance Corp.
802 F.3d 793 · Court of Appeals for the Sixth Circuit · Sep 21, 2015
Where there are two permissible views of the evidence, the factfinder’s choice between them is not clearly erroneous. Id. at 574. … P. 52(a), we cannot say that the district court’s established value of $275,000 is clearly erroneous”).
Cited 39 timesPublished74 F. App'x 457 · Court of Appeals for the Sixth Circuit · Aug 7, 2003
Yet Williams explicitly rejected the view, adopted by the Fourth Circuit, that an “unreasonable application of’ clearly established federal law requires that the application be one that all reasonable jurists would agree … Habeas relief is appropriate if a state court decision is “contrary to ... clearly established Federal law, as determined by the Supreme Court.” 28 U.S.C. § 2254 (d)(1).
Cited 11 timesPublishedUnited States v. Sean Meacham (93-1692) and Ramone Botello (93-1768)
27 F.3d 214 · Court of Appeals for the Sixth Circuit · Jun 15, 1994
We thus conclude that the district court’s finding on this issue was not clearly erroneous. IV We turn now to Botello’s final challenge to his sentence. … In light of these well established principles, the Gall court concluded that the government is not entitled to recoup drug “buy money” from a defendant. Id.
Cited 65 timesPublished816 F.2d 679 · Court of Appeals for the Sixth Circuit · Apr 3, 1987
However, the court held the defendants immune from damages because this rule was not clearly established in 1981, when the visit took place. … That case, the Fifth Circuit held, did not constitute clearly established law for the defendants in Thorne.
Cited 0 timesUnpublishedCourt of Appeals for the Sixth Circuit · Sep 9, 2004
The student does not qualify for [b]ehavior was an on-going problem and I felt like during the extended school year services. … We further note that even if Jason’s parents throughout the year and that without such services, the could have established the need for ESY, the record clearly student would inevitably
Cited 0 timesPublished40 F. App'x 901 · Court of Appeals for the Sixth Circuit · Jul 9, 2002
“Although material omissions are not immune from inquiry under Franks , we have recognized that an affidavit which omits potentially exculpatory information is less likely to present a question of impermissible official misconduct … Pritchett’s sentence clearly does not exceed the statutory maximum for the crime charged; it is exactly equal to the statutory maximum.
Cited 17 timesPublishedWayne Hein v. All America Plywood Company, Incorporated Kurt Adam Ludwinski, Jointly and Severally
232 F.3d 482 · Court of Appeals for the Sixth Circuit · Nov 14, 2000
Under Michigan law, an employee may have a cause of action against his employer when his termination is contrary to clearly articulated public policy. See Suchodolski v. Michigan Consol. … Under this framework, the plaintiff must show that he was (1) a member of a protected class, (2) subject to an adverse employment action, (3) qualified for the position from which he was rejected or terminated, and (4) either
Cited 93 timesPublished447 F.3d 461 · Court of Appeals for the Sixth Circuit · May 5, 2006
In a bankruptcy case on appeal from a district court, we owe no special deference to the district court’s decision and review “the bankruptcy court’s legal conclusions de novo and uphold its factual findings unless clearly … Megafoods Stores (In re Megafoods Stores), 163 F.3d 1063 , 1071 (9th Cir.1998), it does permit the parties to establish a bar date by which time all administrative expenses must be asserted against the debtor or face discharge
Cited 42 timesPublished345 F. App'x 987 · Court of Appeals for the Sixth Circuit · Sep 29, 2009
To overcome the officer’s qualified immunity, Jones must show that (1) the facts, taken in the light most favorable to Jones, “show the officer’s conduct violated a constitutional right,” and (2) the right was “clearly … The question here is not whether that right is clearly established; all agree that it is.
Cited 10 timesUnpublishedU.S. Truck Sales Co., a Corporation v. United States
229 F.2d 693 · Court of Appeals for the Sixth Circuit · Jan 23, 1956
In other words, payment, without credit or refund, of the tax on one use or sale establishes immunity with respect to subsequent use or resale, provided no change of identity has been effected prior to such use or resale. … It clearly covers the transactions in the present case.
Cited 8 timesPublishedStephen Michael West v. Ricky J. Bell, Warden
242 F.3d 338 · Court of Appeals for the Sixth Circuit · Feb 27, 2001
Instead, I believe that defense counsel can assert rights for West as a next friend. 27 To obtain "next friend" standing, one must bear the burden of establishing two requirements. … A federal court has the power under the All Writs Act to issue injunctive orders in a case even before the court's jurisdiction has been established.
Cited 51 timesPublished592 F.3d 700 · Court of Appeals for the Sixth Circuit · Jan 25, 2010
Kellermann committed fraud, his convictions cannot be deemed to qualify as CIMTs based on this record. … The indictment clearly shows that the petitioner was convicted of crimes that contained the element of fraud.
Abrogated on other grounds by Sellers v. Lynch, 630 F. App'x 464 (2015)Cited 23 timesPublishedWard v. First Nat. Bank of Ironton
202 F. 609 · Court of Appeals for the Sixth Circuit · Feb 14, 1913
On November 18, 1904, Ward was elected and qualified as the trustee of the bankrupt. To Ward, as receiver, Culbertson turned over the estate of the bankrupt. … The diagram of the premises furnished by the bankrupt clearly showed the number and location of every tagged pile.
Cited 33 timesPublished345 F. App'x 981 · Court of Appeals for the Sixth Circuit · Sep 29, 2009
It is well established that prisoners have a constitutional right to file grievances against correctional employees. Herron v. Harrison, 203 F.3d 410, 415 (6th Cir. 2000). … In an appeal from the denial of qualified immunity in a prison retaliation case, we noted that precedent “clearly establishes that the mere potential threat of disciplinary sanctions is sufficiently adverse action to support
Cited 150 timesUnpublishedAllied Construction Industries v. City of Cincinnati
879 F.3d 215 · Court of Appeals for the Sixth Circuit · Jan 4, 2018
We next turn to the question of assessing whether particular municipal conduct qualifies as market participation. B. … As discussed above, we decline to resolve the narrow-tailoring inquiry at step two because step one of Cardinal Towing established that the City was acting as a proprietor, rather than a regulator.
Cited 3 timesPublishedMichigan Association Of Independent Clinical Laboratories v. Shalala
52 F.3d 1340 · Court of Appeals for the Sixth Circuit · Feb 21, 1995
However, the determination of any underlying facts by the district court is subject to a clearly erroneous standard. United States v. … any specific claim decided on a specific date and in a specified dollar amount, do not qualify as an appeal.
Cited 2 timesPublished
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