Case law

DayCab Company, Inc. v. Prairie Technology, LLC

67 F.4th 837 · Court of Appeals for the Sixth Circuit · May 11, 2023

Wandling was not qualified to opine on Osman’s intention. However, the district court did not exclude Dr. … “A district court abuses its discretion if it bases its ruling on an erroneous view of the law or a clearly erroneous assessment of the evidence.” United States v.

Holder v. Palmer

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 (1984), which the Supreme Court had clearly established at the time of his conviction, to show ineffective assistance of counsel.

St. Joseph Parish St. Johns v. Dana Nessel

Court of Appeals for the Sixth Circuit · Sep 20, 2024

Code R. 37.6(1), does not provide clear guidance regarding what conduct qualifies. … Perhaps this choice follows from looming sovereign-immunity issues over whether a federal court may enjoin state officials (or even issue declaratory relief against them) on state-law grounds.

United States v. Jaylen Simpson

Court of Appeals for the Sixth Circuit · Apr 27, 2026

Whether a defendant “clearly demonstrates acceptance of responsibility” under § 3E1.1(a) is a fact-dependent inquiry. … Simpson Page 8 defendant’s challenge is unsuccessful does not necessarily establish that it was either a false denial or frivolous.” § 3E1.1 cmt. n.1(A).

Manley v. Dwelle

974 F.2d 1338 · Court of Appeals for the Sixth Circuit · Aug 20, 1992

The district court also concluded that defendants Dwelle and Russell were entitled to qualified immunity, and granted defendants summary judgment. 4 Upon review we find no error. … Williams, 849 F.2d 1004, 1008 (6th Cir.1988), cert. denied, 489 U.S. 1081 (1989). 9 Nor did the district court err in granting defendants Dwelle and Russell qualified immunity.

United States v. Gerald Daneshvar

Court of Appeals for the Sixth Circuit · May 30, 2019

Moreover, all of these conditions must be shown by the testimony of a qualified witness. Id. … Daneshvar has not established plain error from the district court’s preliminary instructions.

Zomba Enterprises, Inc. v. Panorama Records, Inc.

491 F.3d 574 · Court of Appeals for the Sixth Circuit · Jun 26, 2007

Conversely, if the defendant establishes that infringement is innocent, the statutory-damage floor falls to $200. Id. B. … To the contrary, the order stated that it “shall not be construed as a finding of any fact by the [District] Court or a finding by the [District] Court that Plaintiff has established ... any ... substantive element of its

Richerson v. United States

104 F.3d 361 · Court of Appeals for the Sixth Circuit · Dec 18, 1996

104 F.3d 361 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 … Clearly, the hospital exception does not apply unless a physician teaches and works at the University Hospital. 14 Given that Dalpra is a full-time employee of the University of Michigan Medical School (an independent contractor

Milton Rhea v. W. Tenn. Crime & Drug Task Force

Court of Appeals for the Sixth Circuit · Aug 25, 2020

And after the Task Force moved for summary judgment, the DAGs did as well, asserting sovereign immunity. … The record establishes that Task Force members were generally hired through each DAG office, and then assigned to the Task Force.

Robert Brooks v. City of Oak Ridge

222 F.3d 259 · Court of Appeals for the Sixth Circuit · Jul 21, 2000

We conclude that, although the bell has secular significance in Japanese culture, it also carries strong Buddhist connotations and therefore qualifies as a religious symbol for the purpose of Establishment Clause analysis … Hackmann, Buddhism As A Religion: Its HistoRical Development And Its Present Conditions 275-76 (1910), the bells are clearly tied to the Buddhist religion as ritual implements invested with symbolic significance. 5 We therefore

Robbie Ohlendorf v. United Food & Commerical Workers Int'l Union, Local 876

883 F.3d 636 · Court of Appeals for the Sixth Circuit · Feb 22, 2018

Section 302 is flanked by provisions of the Labor Management Relations Act that expressly establish private rights of action. … For like reasons, the union’s decision to enforce the requirements does not qualify as bad faith.

United States v. Wells

Court of Appeals for the Sixth Circuit · May 10, 2000

To establish vindictive prosecution, a established guideline range. … Gessa, 971 F.2d 1257, 1261-62 though they had not been qualified as experts and had not (6th Cir. 1992) (en banc)).

Lavender v. City of Blue Ash

162 F. App'x 548 · Court of Appeals for the Sixth Circuit · Jan 17, 2006

Alternatively, the district court also found that even if the plaintiff could have made out a constitutional violation, the individual officers would be entitled to qualified immunity because the plaintiff had failed to … In addition, the court held that the plaintiff had failed to establish a § 1983 claim against the municipal defendants or the officers in their official capacities.

Vera Sayers v. John W. Gardner, Secretary of Health, Education and Welfare

380 F.2d 940 · Court of Appeals for the Sixth Circuit · Jul 14, 1967

A review of the entire record clearly indicates that the findings of the Hearing Examiner are not supported by substantial evidence. In Miracle v. … medical expert, has reached conclusions both with regard to the medical significance of a normal electroencephalographic report and the plaintiff’s alleged symptoms, which no one but a qualified medical expert would be qualified

Ethan Walton v. Marva Livingston Hammons, Director, Michigan Family Independence Agency

192 F.3d 590 · Court of Appeals for the Sixth Circuit · Sep 21, 1999

with the state in establishing paternity or in establishing, modifying or enforcing a support order with respect to a child of the individual, and the individual does not qualify for any good cause or other exception established … The path of the language that ultimately became § 2015(i) is clearly marked.

School District v. Secretary of the United States Department of Education

512 F.3d 252 · Court of Appeals for the Sixth Circuit · Jan 7, 2008

(Title I, Part C); requirements that all teachers be “highly qualified” (Title II, Part A); and instruction in English for children with limited English ability (Title III). … Additionally, we need not address whether Plaintiff school districts’ other alleged injuries are sufficient to establish standing. See Nuclear Energy Inst., Inc. v.

United States v. Intl Fidelity Ins

Court of Appeals for the Sixth Circuit · Jan 14, 2000

If this is so, this work should be held to Congress sought to relieve the government of the burden of constitute § 270b(b) labor, unless it is shown clearly that the establishing final settlement dates … Co. 11 manufacturer qualify as “labor performed” or “material ____________________ supplied.”

Williams v. International Paper Co.

227 F.3d 706 · Court of Appeals for the Sixth Circuit · Sep 27, 2000

As such, we hold that the district court’s finding is clearly erroneous. … The additional medical evidence clearly establishes that Williams was disabled within the meaning of the Plan.

Jonah Holbrook v. Stephanie Dumas

658 F. App'x 280 · Court of Appeals for the Sixth Circuit · Aug 17, 2016

Finally, the court noted that even if Holbrook’s speech were deemed protected and the infringement unjustified, Dumas would nonetheless be entitled to qualified immunity because the governing law has not clearly established … immunity.

United States v. Tammy Brewer

332 F. App'x 296 · Court of Appeals for the Sixth Circuit · Jun 18, 2009

A “declarant” is one who makes a “statement,” and words constitute a “statement” only if they qualify as an “assertion.” Fed. R. Evid. 801(b), (a). … Here, Mac Combs clearly made his statements to assist Campbell in carrying out his duties in the conspiracy.