Case law

Holt-Orsted v. City of Dickson

641 F.3d 230 · Court of Appeals for the Sixth Circuit · May 24, 2011

In sum, the record clearly reflects that the City expressly consented to the magistrate judge’s exercise of plenary jurisdiction under § 636(c).3 3 The County and state defendants did not intervene … Under the “collateral order doctrine” established by Cohen v.

Frank Clarke v. City Of Cincinnati

40 F.3d 807 · Court of Appeals for the Sixth Circuit · Dec 16, 1994

To qualify as a "special" circumstance, then, incumbency must play an unusually important role in the election at issue; a contrary rule would confuse the ordinary with the special, and thus "make practically every American … That such a system is adopted by means of the referendum process does not "immunize" it from constitutional scrutiny, since "[t]he sovereignty of the people is itself subject to those constitutional limitations which have

Armalite, Inc. v. Lambert

544 F.3d 644 · Court of Appeals for the Sixth Circuit · Oct 14, 2008

In 2004, the ATF inspected Armalite’s transaction records, known as Form 4473 records, which the GCA requires licensees to keep to verify that all over-the-counter transactions involve qualified purchasers. … Not one of these courts held that a negligent violation of the statute suffices to establish a cognizable GCA violation.

Ramani v. Ashcroft

Court of Appeals for the Sixth Circuit · Aug 4, 2004

Notably, Ramani did not object in his BIA qualifies as a refugee under a substantial evidence test. … It was the only issue clearly advanced by Ramani, and discussion of this issue continued throughout the entire brief. Ramani did briefly argue that he had a reasonable fear of persecution in his BIA appeal brief.

Monroe Auto Equipment Co. v. International Union

981 F.2d 261 · Court of Appeals for the Sixth Circuit · Dec 14, 1992

Because there are no clearly established standards for ascertaining whether a person is under the influence of marijuana, the court held, in effect, that Monroe could not discharge an employee for that rules infraction without … In the professional opinion of the employer's highly qualified expert--an opinion that stands totally uncontradicted--this scientifically valid test established that Mr.

Jay B. White v. Internal Revenue Service

707 F.2d 897 · Court of Appeals for the Sixth Circuit · May 26, 1983

. § 6103 have not been clearly established as required. … independent basis for nondisclosure of an even greater volume of tax records sought by Fruehauf Corporation under FOIA in connection with an extensive tax investigation but rather successfully argued that sec *901 tion 6103 qualified

United States v. Leblanc

45 F. App'x 393 · Court of Appeals for the Sixth Circuit · Aug 28, 2002

However, a review of the transcript shows that the defense’s abbreviated effort to establish Dr. … Properly qualified experts in so-called "soft sciences,” such as psychology and economics, regularly provide testimony that is helpful to juries in evaluating issues.

Resurrection Sch. v. Elizabeth Hertel

11 F.4th 437 · Court of Appeals for the Sixth Circuit · Aug 23, 2021

Despite Smith’s observation that F.S. is unable to wear a mask because of his health conditions, F.S.’s pediatrician determined that F.S. did not qualify for a medical exemption.4 Id. ¶ 11 (Page ID #194). … “This [voluntary cessation] exception properly applies only when a recalcitrant legislature clearly intends to reenact the challenged regulation.” Ky. Right to Life, Inc. v.

Robert W. Kelley, and Cross-Appellees v. Board of Education of the City of Nashville, Davidson County, Tennessee, and Cross-Appellants

270 F.2d 209 · Court of Appeals for the Sixth Circuit · Jun 17, 1959

Based on the zones established by the Board of Education, then, there would probably, at the present time, be Negro children in every school in Nashville, although when the zones were first established, there were, perhaps … They must consider the personal rights of all qualified persons to be admitted to the free public schools as soon as practicable on a nondiscriminatory basis.

United States v. Glenn Daeward Boyd

Court of Appeals for the Sixth Circuit · Sep 2, 2026

Boyd Page 6 established fact” or “revealing that which already exists.” Id. (emphasis added). … For the reasons explained below, the district court clearly explained its decision to vary Defendant’s sentence upward.

Tom Withers v. United States

602 F.2d 124 · Court of Appeals for the Sixth Circuit · Jul 18, 1979

Attorney continued to discuss race: Members of the jury, you were qualified in this case. We are not trying this case because these defendants are black. We are trying this case because of this crime. … But at the time he said it, he clearly had race on his mind and wanted the jury to think about what he said.

Mark Lee v. Smith & Wesson Corporation

Court of Appeals for the Sixth Circuit · Jul 29, 2014

App’x 393, 400–01 (6th Cir. 2002), we upheld the exclusion of expert testimony regarding coercive or suggestive interviewing techniques because the defendant made no foundational showing to establish that improper interview … Page 7 Lee’s memory and Ruel’s deductions both clearly reject Smith & Wesson’s argument that the injury was caused by heavy recoil.

Scott Gerber v. James Riordan

Court of Appeals for the Sixth Circuit · Aug 18, 2011

This is so because by appearing solely to contest jurisdiction, a defendant clearly indicates that he is not willing to submit to the district court’s jurisdiction. … There is one filing, however, that in my view clearly stands out as showing the obvious intent of the defendants to submit to the personal jurisdiction of the court.

United States v. Akzo Coatings of America, Inc.

949 F.2d 1409 · Court of Appeals for the Sixth Circuit · Dec 5, 1991

Unlike the waiver of sovereign immunity under the CWA, which is interpreted strictly, objective standards are not required under CERCLA for a requirement to qualify as an ARAR. … Sav. & Loan, supra, are clearly not present here.

Bryson v. Regis Corp.

498 F.3d 561 · Court of Appeals for the Sixth Circuit · Aug 16, 2007

As a threshold issue, a disability-discrimination plaintiff must establish that she suffers from an impairment that qualifies as a “disability.” … First, Bryson must establish a prima facie case.

Heiser v. Union Carbide Corp

Court of Appeals for the Sixth Circuit · Jul 15, 2004

Windsor, 521 U.S. 591, 623 n.18 immunity. (1997). … Sovereign immunity.

Ohio River Collieries, Incorporated v. Secretary of Labor, U. S. Department of Labor and Benefits Review Board, U. S. Department of Labor and Director, Office of Workers' Compensation Programs, U. S. Department of Labor and Richard A. Givens, Director, Office of Workers' Compensation Programs, United States Department of Labor v. Ohio River Collieries, Incorporated

558 F.2d 353 · Court of Appeals for the Sixth Circuit · Jul 1, 1977

first, that ORC is responsible for benefit payments beginning January 1, 1974; second, if the coal operator-employer is not liable, the Secretary of Labor has no secondary or contingent liability. 13 The purpose of § 925 is clearly … There is no indication of an intention to cut off federal payments for a claim established under part B when it does not meet the requirements of part C.

United States v. Miller

531 F.3d 340 · Court of Appeals for the Sixth Circuit · Jul 1, 2008

This is clearly beyond what the Constitution permits. Id. at 626 , 125 S.Ct. 2007 . C. … George, 486 F.3d 1120, 1125 (9th Cir.2007) (observing that “[j]ust as false statements are not immunized by the First Amendment right to freedom of speech, ... baseless litigation is not immunized by the First Amendment right

United States v. Tommy Roberts

986 F.2d 1026 · Court of Appeals for the Sixth Circuit · May 6, 1993

This Court must apply the clearly erroneous standard to findings of fact when reviewing the ruling of a District Court on a motion to suppress evidence, United States v. … Section 4B1.1 of the United States Sentencing Guidelines sets out the requirements for a person to qualify to be sentenced as a career offender: A defendant is a career offender if (1) the defendant was at least eighteen

Hill & Range Songs, Inc. v. Fred Rose Music, Inc.

570 F.2d 554 · Court of Appeals for the Sixth Circuit · Feb 2, 1978

She filed another suit in the Federal District Court for the Middle District of Tennessee against the former wife and also against the mother of Williams, who had qualified as admin-istratrix of his estate in Alabama, in … We are of the opinion that the factual findings of the District Court are supported by substantial, if not by uncontroverted, evidence and they are not clearly erroneous. The Court’s conclusions of law are correct.