Case law

United States v. Chambers

944 F.2d 1253 · Court of Appeals for the Sixth Circuit · Sep 10, 1991

The court was uniquely qualified to pass on Colbert's credibility. Particularly given the court's reasons for rejecting Colbert's recantation, we defer to the court's judgment. United States v. … must show an affirmative act establishing withdrawal.

729, INC. v. Kenton County Fiscal Court

515 F.3d 485 · Court of Appeals for the Sixth Circuit · Feb 6, 2008

The County clearly had the power both to enact this Ordinance and to make the Ordinance effective within Covington’s borders. … Commensurately, the government’s decision to incur expenditures is generally immune from legal challenge by the taxpayers. Cf . Hein v.

United States of America, Plaintiff-Appellant/ Cross-Appellee v. Ranger Electronic Communications, Inc., Defendant-Appellee

210 F.3d 627 · Court of Appeals for the Sixth Circuit · Apr 24, 2000

The Equal Access to Justice Act significantly abridged the government's immunity from suits for attorneys' fees. As a waiver of sovereign immunity, the act must be strictly construed. … National Highway Traffic Safety Admin., 972 F.2d 669 (6th Cir. 1992) (aggregating member companies because trucking association was litigating on behalf of those companies). 48 I believe that aggregation is clearly appropriate

Commercial Standard Ins. v. Gordon's Transports, Inc.

154 F.2d 390 · Court of Appeals for the Sixth Circuit · Mar 25, 1946

While the agents were not informed of Gordon’s incorporation, it clearly was the intention of the assured to receive, and of the company to issue, a policy that would protect the real owner of the trucks specifically covered … It happened too long ago for him to remember, and Gordon didn’t know. *394 There are two infirmities in this proof, which inescapably fail to qualify it as substantial evidence either of a recognized course of practice between

United States v. Tyren Cervenak

135 F.4th 311 · Court of Appeals for the Sixth Circuit · Apr 2, 2025

Nor do the other cases the government cites establish such a default. … Whether these qualify as “misappropriation” is certainly a closer call than whether “theft” qualifies.

United States v. Franks

98 F. App'x 483 · Court of Appeals for the Sixth Circuit · May 27, 2004

The district court’s admission of the evidence in question does not qualify as plain error. … “A mere buyer-seller relationship alone is not sufficient to establish a conspiracy.” Brown, 332 F.3d at 373 .

In the Matter of John Ruffalo, Jr

370 F.2d 447 · Court of Appeals for the Sixth Circuit · Dec 29, 1966

“In our opinion, one who believes that it is proper to employ and pay another to work against the interests of his regular employer is not qualified to be a member of the Ohio Bar. … He is even less qualified if he does so, when he knows, as the evidence clearly indicates Ruffalo did know, that it is improper to do so.” 176 Ohio St. 269 , 199 N.E.2d 401 .

Walter L. Gross, Jr. And Barbara H. Gross (99-2239) Calvin C. Linnemann and Patricia G. Linnemann (99-2257) v. Commissioner of Internal Revenue

272 F.3d 333 · Court of Appeals for the Sixth Circuit · Nov 19, 2001

That Rule provides that “[i]f scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, … I do not believe that this finding is clearly erroneous and in fact is well supported in the record.

United States v. Peter Hanlon Irons

369 F.2d 557 · Court of Appeals for the Sixth Circuit · Nov 30, 1966

The test might be stated in these words: A sincere and meaningful belief which occupies in the life of its possessor a place parallel to that filled by the God of those admittedly qualifying for the exemption comes within … This construction avoids imputing to Congress an intent to classify different religious beliefs, exempting some and excluding others, and is in accord with the well-established congressional pol *565 icy of equal treatment

United States v. Luis Lopez-Medina

461 F.3d 724 · Court of Appeals for the Sixth Circuit · Aug 25, 2006

Medina had clearly been “seized” by Mundy and Hampton at the time he consented to a search of his home. He had been patted down and was not free to leave. … Anderson, 89 F.3d 1306, 1312 (6th Cir.1996) (finding a law enforcement agent with nine years of experience to be qualified to give expert testimony), no abuse of discretion occurred in the district court’s failure to qualify

Parrett v. American Ship Building Company

990 F.2d 854 · Court of Appeals for the Sixth Circuit · Apr 12, 1993

Both plaintiffs and defendants maintain that the plan is wholly unambiguous, with the plain language of the document clearly supporting each side's position. … Section 8.4 of the plan was also amended in 1970 to state that article X of the plan established the process by which benefits were allocated.

Bartling v. Fruehauf Corp.

29 F.3d 1062 · Court of Appeals for the Sixth Circuit · Sep 23, 1994

The documents requested included: (1) the Pension Plan; (2) the December 1986 amendment to the Plan; (3) the most recent favorable letter issued by the IRS relating to the tax-qualified status of the Plan; (4) filings with … “[Wjhere there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous.” Bueno v.

United States v. Lamonte Brown

131 F.4th 337 · Court of Appeals for the Sixth Circuit · Mar 6, 2025

Namely, the government must establish that the dangerous weapon possession was within the scope of the jointly undertaken criminal activity; in furtherance of that criminal activity; and reasonably foreseeable in connection … The court’s decision to count the conspiracy as a prior sentence—not relevant conduct—wasn’t clearly erroneous. Id.

Friedman v. CIR

Court of Appeals for the Sixth Circuit · Jun 8, 2000

(C) the indebtedness discharged is qualified farm indebtedness; or I. … Such liability, or debt, must be viewed as occurred in 1992" is clearly erroneous).

National Bank of Detroit v. Shelden

730 F.2d 421 · Court of Appeals for the Sixth Circuit · Mar 8, 1984

Accordingly the conclusions of the trial court are not protected by the “clearly erroneous” rule, Luckett v. … TANO Consul of the United States duly commissioned and qualified .

Peter Bormuth v. County of Jackson

870 F.3d 494 · Court of Appeals for the Sixth Circuit · Sep 6, 2017

According to Bormuth’s Amended Complaint, the Board appointed two other lesser-qualified individuals instead. Bormuth moved for summary judgment in December 2013. … A district court abuses its discretion when it relies on clearly erroneous findings of fact, improperly applies the law, or uses an erroneous legal standard. Cummins v.

Hendrickson v. Apperson

238 F. 473 · Court of Appeals for the Sixth Circuit · Dec 15, 1916

It is clearly to be inferred from the records in the instant cases, not to speak of the records in Tucker v. Hubbert and Graham v. … The other statute is entitled “An act to create and establish a system of public state roads and to provide for the construction and. maintenance thereof.” Acts 1914, pp. 440, 441; 2 Ky. Stat.

United States v. James Kelly, Jr.

92 F.4th 598 · Court of Appeals for the Sixth Circuit · Feb 8, 2024

It also “strongly urge[d him] to promptly contact a qualified U.S. tax specialist” if Kelly was unable to consent to Finter reporting his account to the IRS or “to produce evidence of compliance with U.S. tax laws.” … Thus, in the context of a civil FBAR penalty, the government can establish a willful violation “based on recklessness” by proving that “the defendant (1) clearly ought to have known that (2) there was a grave risk that an

United States v. Michael Leja and John M. Cody

563 F.2d 244 · Court of Appeals for the Sixth Circuit · Oct 3, 1977

implanting an unlawful motive in an innocent mind does not rise to constitutional magnitude, it is difficult indeed to prohibit on constitutional grounds the prosecution of the defendants on these facts, where they were clearly … California, 342 U.S. 165, 169 , 72 S.Ct. 205 , 96 L.Ed. 183 (1952), that: 25 Due process of law is a summarized constitutional guarantee of respect for those personal immunities which, as Mr.

BAPTIST HOSPITAL EAST, Et Al., Plaintiffs-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

802 F.2d 860 · Court of Appeals for the Sixth Circuit · Oct 6, 1986

only to establish the basis for an appeal and each disputed item and amount is specifically identified.” … This provision clearly allows the Board to reach issues not raised by the provider in its appeal.