Case law

Berhane v. Holder

606 F.3d 819 · Court of Appeals for the Sixth Circuit · Jun 4, 2010

On the other side of the scales, the record establishes a political motive for Berhane’s actions. … Contrary to the respondent’s appellate contentions, the Immigration Judge’s findings of fact have not been shown to be clearly erroneous.

Samantha Sistrunk v. City of Strongsville and Bush-Quayle '92 Committee, Inc.

99 F.3d 194 · Court of Appeals for the Sixth Circuit · Jan 2, 1997

sufficiently developed" on the record below; and 2) to remand for development of an incompletely presented issue in the hope of finding a non-constitutional basis for deciding this case later on, when we presently confront a clearly … If so, the court must address the questions of state action and qualified immunity. Id.

United States v. Darryl Jackson

877 F.3d 231 · Court of Appeals for the Sixth Circuit · Dec 5, 2017

Even if we were to adopt the doctrine of sentencing-factor manipulation, the circumstances of Jackson’s case would not qualify. … Here, at the very least, Jackson has not proven that the government’s conduct was sufficiently outrageous to qualify.

Automobile Club of Michigan v. Commissioner of Internal Revenue

230 F.2d 585 · Court of Appeals for the Sixth Circuit · Feb 17, 1956

another act merely by reenactment of that provision, so that that administrative interpretation cannot be changed prospectively through exercise of appropriate rule-making powers.’ ” All of the above serves only to show clearly … Automobile clubs were granted tax immunity by O. D. 643, 3 Cum.Bull. 241 (1920). That ruling was followed by G. C.M. 2867, VII-1 Cum.Bull. 115 (1928) ; G.C.M. 3555, VII-1 Cum.Bull. 117 (1928). . “Art. 101-1.

Kinamore v. EPB Electric Utility

92 F. App'x 197 · Court of Appeals for the Sixth Circuit · Feb 9, 2004

To establish a prima facie claim in this area. … Nor does Kinamore’s cross-training assignment qualify.

Adams v. Standard Knitting Mills, Inc.

623 F.2d 422 · Court of Appeals for the Sixth Circuit · May 2, 1980

Otherwise some misleading solicitations which would trigger liability if shaped in the form of one transaction, would be immune if shaped as the other, or vice versa. … The record also establishes adequate foundation for this inference.

Charles Levert, II v. Montefiore Home

Court of Appeals for the Sixth Circuit · Jul 13, 2023

The Secretary also provided that those “Covered Countermeasures must be ‘qualified pandemic or epidemic products,’ or ‘security countermeasures,’ or drugs, biological products, or devices authorized for investigational … “Unlike the general immunity provision, it is debatable whether § 247d-6d(d)(1) completely preempts certain state-law claims.” Hudak, 58 F.4th at 854.

Stephen Ouwinga v. Benistar 419 Plan Services

694 F.3d 783 · Court of Appeals for the Sixth Circuit · Sep 19, 2012

The Ouwingas’ RICO claims are based on the purchases of variable life insurance policies which, because they are “variable,” qualify as securities. … This prong is clearly met for the Agent and Hancock Defendants who communicated consistently with the Ouwingas for at least five years. The analysis is closer for the Lawyer Defendants.

Zoarab v. Mukasey

524 F.3d 777 · Court of Appeals for the Sixth Circuit · May 6, 2008

Zoarab was clearly acting as an angry investor, not a political dissident, when he and his cousin-in-law sought to confront the Prince. … For these reasons, Zoarab does not qualify as a refugee for purposes of asylum.

35 Fair empl.prac.cas. 1048, 35 Empl. Prac. Dec. P 34,615 Charles H. Grubb, Cross-Appellant v. W.A. Foote Memorial Hospital, Inc., a Michigan Corporation, Cross-Appellee

741 F.2d 1486 · Court of Appeals for the Sixth Circuit · Aug 20, 1984

Since Carl did not have a supervisor under him at Foote East, he presumably did some of those things himself, but his appointment as laundry director for the combined hospitals clearly established him in the administrative … recognized in Toussaint, using the following language: 67 While an employer need not establish personnel policies or practices, where an employer chooses to establish such policies and practices and makes them known to its

Jerome Henderson, Petitioner-Appellee/cross-Appellant v. Terry L. Collins, Warden, Respondent-Appellant/cross-Appellee

262 F.3d 615 · Court of Appeals for the Sixth Circuit · Aug 28, 2001

Relying on Brooks , the Mapes Court concluded, [although the trial court in this case did not have the benefit of Brooks , that case clearly establishes that the trial court misapplied Ohio Revised Code § 2929.03(D)(2) by … , 144 F.3d at 995 (holding that state court rule was not firmly established rule and regularly followed where substance of rule precluding relief on grounds that could have been pursued on direct appeal was not established

United States v. Ranger Elec

Court of Appeals for the Sixth Circuit · Apr 24, 2000

UNITED STATES OF AMERICA,  I believe that aggregation is clearly … immunity, some limitations must be applicable to the filing of a claim.

United States v. Manila Vichitvongsa

819 F.3d 260 · Court of Appeals for the Sixth Circuit · Apr 4, 2016

In short, the defendants in Burnette and Graham clearly chose to use a firearm more than once. … Therefore, “the government must prove both a use, carry, or possession, as well as a qualifying crime.” Id. (emphasis added).

Tina Deal, a Minor by Frank L. Deal, Her Father and Next Friend v. The Cincinnati Board of Education

419 F.2d 1387 · Court of Appeals for the Sixth Circuit · Dec 9, 1969

An attempt is then made to correlate these and similar factors with pupil achievement and to thereby establish cause and effect. To establish this relationship plaintiffs relied primarily on two expert witnesses. … In the Civil Bights Statute, Congress has expressed itself rather clearly on this subject in 42 U.S.C. §§ 2000c, 2000e-6 and 2000e-9.

Association Of Community Organizations For Reform Now v. Miller

129 F.3d 833 · Court of Appeals for the Sixth Circuit · Nov 3, 1997

Among such barriers are restrictive or prohibitively inconvenient voter registration requirements that discourage or even prevent qualified voters from registering and participating in elections. … If Congress determines that the voting requirements established by a state do not sufficiently protect the right to vote, it may force the state to alter its regulations.

James Drain v. Jeffrey Woods

595 F. App'x 558 · Court of Appeals for the Sixth Circuit · Dec 31, 2014

The State asserts that the mootness discussion in Hernandez is dicta and cannot qualify as clearly established law under § 2254(d)(1). See Carey v. … In doing so, it unreasonably applied clearly established Supreme Court law.

Ammar Marqus v. William P. Barr

968 F.3d 583 · Court of Appeals for the Sixth Circuit · Jul 30, 2020

him out if he returned to Iraq. 1“Factual errors can qualify as legal errors when ‘important facts have been totally overlooked and others have been seriously mischaracterized.’” … Instead, the BIA decided that the IJ did not clearly err in finding that Marqus could not show a particularized threat of torture. See A.R. at 6.

Mike Yoder v. Scott Bowen

Court of Appeals for the Sixth Circuit · Jul 31, 2025

The district court did not address the MDNR’s sovereign immunity arguments because other issues were dispositive. Because the same is true on appeal, we also do not reach the sovereign immunity issue. … Plaintiffs have not established a history of past enforcement of the Drone Statute by MDNR.

Gerald Ackerman v. Heidi Washington

16 F.4th 170 · Court of Appeals for the Sixth Circuit · Oct 12, 2021

And MDOC prisoners who qualify for religious meals get the universal vegan diet. … There, the Supreme Court held that “RLUIPA fits within the corridor between the Religion Clauses,” so “[o]n its face, the Act qualifies as a permissible legislative accommodation of religion that is not barred by the Establishment

United States v. Monroe

90 F. App'x 460 · Court of Appeals for the Sixth Circuit · Feb 18, 2004

Subsequent analysis established that the bag contained approximately 390 grams of cocaine. … Although we may review such claims when “the record is adequate to assess the merits of the defendant’s allegations,” id., the record in this case is clearly inadequate to permit review.