Case law

State of Ohio v. Xavier Becerra

87 F.4th 759 · Court of Appeals for the Sixth Circuit · Nov 30, 2023

F.D.A, 18 F.4th 499, 507 (6th Cir. 2021) (holding that “the FDA’s 2019 guidance does not qualify as ‘longstanding’”). … But patient access was clearly reduced by the 2019 Rule.

United States v. David Church, Jr.

823 F.3d 351 · Court of Appeals for the Sixth Circuit · May 17, 2016

There clearly wasn’t probable cause to believe there was a RICO violation or money laundering in this case. … Here all of the conduct qualifies under the Tennessee Drug Control Act, so that is distinguishable on that basis.

United States v. Lawrence W. Lloyd

462 F.3d 510 · Court of Appeals for the Sixth Circuit · Aug 18, 2006

This argument ignores the fact that Limoli’s letter clearly states that the pressure under which Gonzales (and allegedly one other juror) buckled was “pressure from the other jurors.” … In fact, the majority itself qualifies Lloyd’s indictment as “plainly duplicitous.” Maj. Opn. at 514.

Michael Darden v. Montgomery Cnty. Bd. of Comm'rs

Court of Appeals for the Sixth Circuit · Aug 14, 2024

They further maintained that the county employees were entitled to prosecutorial immunity, quasi-prosecutorial immunity, and qualified immunity. … Ct. 2005)” as establishing a state due-process claim, Appellant’s Br. 43, neither we nor the defendants can find that case.

United States v. James G. Nuth

605 F.2d 229 · Court of Appeals for the Sixth Circuit · Aug 30, 1979

The foregoing finding, we determine, is not clearly wrong. … Later, the First Circuit qualified its per se exclusion rule in United States v.

Derickson v. United States Department of Agriculture

546 F.3d 335 · Court of Appeals for the Sixth Circuit · Nov 10, 2008

Clearly, the JO did have substantial evidence to support his finding. … The terms of the Operating Plan clearly state that APHIS did not “relinquish! ] any of its authority.”

Robert James Smith v. United States

283 F.2d 16 · Court of Appeals for the Sixth Circuit · Aug 3, 1960

Clearly, it was not a part of the res gestae. It was a week after the crime had been committed, a casual conversation and nothing to do with the promotion of the crime. In Smith v. … Coon’s testimony as hearsay, in attempting to qualify it as res gestae, an exception to the hearsay rule.

United States v. Tomlinson

12 F. App'x 235 · Court of Appeals for the Sixth Circuit · Apr 11, 2001

Lewis responded by telling Rose that he did not think that Brookfield Investment would qualify under the IRS regulations. … This passage clearly establishes that the PSR left the issue of restitution to be determined by the district court. The PSR also detailed Tomlinson’s financial capabilities.

Fed. Carr. Cas. P 84,034 Prestige Casualty Company v. Michigan Mutual Insurance Company, Cross-Appellee

99 F.3d 1340 · Court of Appeals for the Sixth Circuit · Nov 4, 1996

qualified as a “trucker” because it was an interstate motor carrier for hire. … Endorsement 23 10 clearly covers the instant situation, since the accident indisputedly occurred while still under lease to Wolverine but not “in the business of’ Wolverine.

Sutton v. Bell

645 F.3d 752 · Court of Appeals for the Sixth Circuit · Jun 8, 2011

An adjudication is contrary to clearly established law if, for example, the “state court applies a rule that contradicts the governing law set forth in [Supreme Court] cases.” Williams v. … This decision was not contrary to or an unreasonable application of clearly established Supreme *757 Court law because “[n]o holdings of [the Supreme] Court required the [state court] to apply the test of ...

United States v. Ivan Crump

65 F.4th 287 · Court of Appeals for the Sixth Circuit · Apr 11, 2023

And it based this range on the conclusions that Crump qualified as an armed career criminal under 18 U.S.C. § 924(e) and possessed a firearm in connection with a controlled substance offense. … That standard requires an instruction to be “so clearly erroneous as to likely produce a grave miscarriage of justice.”

Olga Jad Kamar v. Jefferson B. Sessions, III

875 F.3d 811 · Court of Appeals for the Sixth Circuit · Nov 17, 2017

The Board overturned the IJ’s decision on August 3, 2012, finding that the overall adverse credibility finding was clearly erroneous. … The IJ found that Kamar failed to establish a viable social group for relief under her withholding of removal application.

Kilgore v. Outback Steakhouse of Florida, Inc.

160 F.3d 294 · Court of Appeals for the Sixth Circuit · Nov 2, 1998

. §§ 201-219 , establishes a minimum wage. … The “Outback Tip Policy” clearly stated that Outback would *300 use the tip credit against the minimum wage.

United States v. Norman Meyers

952 F.2d 914 · Court of Appeals for the Sixth Circuit · Jan 2, 1992

Fed.R.Evid. 609. 1 Rule 609(b) establishes a time limit for impeaching evidence of felony convictions. … In this instance, the district court clearly adhered to this directive.

Timothy King v. Gretchen Whitmer

Court of Appeals for the Sixth Circuit · Jun 23, 2023

The Board is a state agency; and unless the state waives Eleventh Amendment immunity or Congress abrogates it, state agencies are immune from federal suit. Boler v. Earley, 865 F.3d 391, 410 (6th Cir. 2017). … Here, the state did not waive immunity and Congress did not abrogate it, and plaintiffs have never argued otherwise. Hence the Board was indisputably entitled to sovereign immunity. Id.

Marshall Garber v. Heriberto Menendez, M.D.

888 F.3d 839 · Court of Appeals for the Sixth Circuit · May 1, 2018

Such laws will be upheld unless they impose burdens on interstate commerce that clearly exceed their local benefits. Pike v. Bruce Church, Inc., 397 U.S. 137, 144–46 (1970). … What of the possibility that the law violates the more deferential review established by Pike balancing? Here is Dr. Menendez’s theory.

Wellman v. United States

227 F.2d 757 · Court of Appeals for the Sixth Circuit · Nov 18, 1955

The Smith Act clearly does not use the phrase “organizes or helps * * * to organize” in the sense of creating any corporate entity or similar organization. … Those who have committed a crime cannot secure immunity because it is possible the jurors who try them may not be exempt from the general feelings prevalent in the society in which they live. Compare: Shushan v.

Thompson Engineering Co., Inc. v. Commissioner of Internal Revenue

751 F.2d 191 · Court of Appeals for the Sixth Circuit · Jan 4, 1985

Recalling that Davis testified that bonding companies generally consider a subcontractor qualified for bonding in an amount between 4 and 5 times net worth, taxpayer argued that the tax court’s determination should have been … A finding is “clearly erroneous” when “although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.”

United States v. Larry Washpun (94-1157) Nicolas Velasquez (94-1170)

52 F.3d 327 · Court of Appeals for the Sixth Circuit · Apr 20, 1995

With his criminal record, Washpun qualified as a career offender, and, accordingly, it was mandatory that his offense level be computed at 32, with a criminal history classification of VI. … This was clearly set forth in the worksheets attached to the Rule 11 plea agreement.

National Wildlife Federation v. Consumers Power Company

862 F.2d 580 · Court of Appeals for the Sixth Circuit · Dec 1, 1988

The CWA establishes a comprehensive statutory system for controlling water pollution. To that end, it establishes the § 402 NPDES permit system for regulating discharges of pollutants into waters of the United States. … Oil, sanitary waste, and municipal waste are clearly introduced from the outside world.