Case law
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3.82s
Court of Appeals for the Sixth Circuit · Feb 28, 2006
The penalty stems from Mortensen’s deductions on his tax return based on his investment in cattle breeding partnerships established by Walter J. Hoyt III. … The court then found that Mortensen failed to establish that he relied on Bales to support his deductions.
Cited 0 timesPublished110 F. App'x 583 · Court of Appeals for the Sixth Circuit · Sep 9, 2004
The sentencing guidelines establish a range of 57 to 71 months imprisonment based on a total combined offense level of 25 and a criminal history category of I. … There can, of course, be more than one person who qualifies as a leader or organizer of a criminal association or conspiracy.
Cited 2 timesPublishedBaird v. NHP Mill Creek Apartments
94 F. App'x 328 · Court of Appeals for the Sixth Circuit · Apr 9, 2004
Testimony in the record establishes that Plaintiff fell in an open area of the laundry room, between the washers and the dryers. … Brown, established that Defendant Mill Creek in fact knew of the potential for injury and took no further precautions.
Cited 7 timesPublishedUnited States v. Kejuan Pharrell Carter
89 F.4th 565 · Court of Appeals for the Sixth Circuit · Dec 27, 2023
While the district court’s explanation may be brief, our case law suggests that “as a procedural matter, the district judge must generally speak to arguments that are clearly presented and in dispute.” Id. … Aparco-Centeno, 280 F.3d 1084, 1088 (6th Cir. 2002) (holding that objection to classification of offenses as aggravated felonies was waived where defense counsel “explicitly agreed that they qualified as such”).
Cited 23 timesPublished619 F.2d 563 · Court of Appeals for the Sixth Circuit · Mar 20, 1980
The facts here clearly place the case within the principle of Phelps-Dodge Corp. v. … former jobs; however, if you will not place them back on their former jobs at this time because you contend that no vacancies exist the former strikers seek employment to their former jobs or any other jobs, which they are qualified
Cited 10 timesPublishedAbdulnour v. Campbell Soup Supply
Court of Appeals for the Sixth Circuit · Sep 19, 2007
A plaintiff must show that: (1) he is a member of a protected class; (2) he was terminated; (3) he was qualified for the position; and (4) he was replaced by a person outside a protected class or was treated differently than … As the district court correctly held, “the record here clearly supports Plaintiff’s termination for nondiscriminatory reasons . . . .
Cited 0 timesPublishedMary Crowder v. Railcrew Xpress
557 F. App'x 487 · Court of Appeals for the Sixth Circuit · Feb 27, 2014
Specifically, the district court held that Crowder failed to establish a prima facie case of sex discrimination under Title VII because she did not demonstrate that she was qualified for the lead driver position or that … The plaintiff may establish a prima facie case by showing that she is a member of a protected group, 2) she was subject to an adverse employment decision, 3) she was qualified for the position
Cited 17 timesUnpublished831 F.3d 725 · Court of Appeals for the Sixth Circuit · Aug 1, 2016
The government provided at least one patient witness, Kimberly Preston, with immunity. … A district court abuses its discretion “when it relies on clearly erroneous findings of fact, uses an erroneous legal standard, or improperly applies the law.” United States v.
Cited 23 timesPublished9 F. App'x 344 · Court of Appeals for the Sixth Circuit · May 8, 2001
The Supreme Court has declared that “a federal habeas court making the ‘unreasonable application’ inquiry should ask whether the state court’s application of clearly established federal law was objectively unreasonable.” … established federal law erroneously or incorrectly.
Cited 4 timesPublished237 F.3d 591 · Court of Appeals for the Sixth Circuit · Jan 10, 2001
Clearly, her journey back to Syria and then to the United States did not constitute flight from persecution. … Furthermore, she clearly established significant ties in Denmark, even though she did not reside in that country for an extended length of time 1 14 In addition, the Danish authorities' declaration that they are no longer
Cited 1 timesPublished715 F.3d 985 · Court of Appeals for the Sixth Circuit · May 16, 2013
First, did the affidavit accompanying the search-warrant application establish probable cause for the magistrate to issue the search warrant? We hold that it did. … Moreover, our precedent “clearly establishes that the affiant need only specify that the confidential informant has given accurate information in the past to qualify as No. 12-1591 USA v.
Cited 2 timesPublishedKarl Raypole (84-3041), Kenneth M. Lowe (84-3039) v. Chemi-Trol Chemical Co., Inc.
754 F.2d 169 · Court of Appeals for the Sixth Circuit · Feb 6, 1985
Under the terms of the Plan, a separate trust fund account is established for each participant employee. … Subsection (a)(16) of section 401 provides that the trust will not qualify if the plan provides for contributions which exceed the limitations of I.R.C. section 415.
Cited 3 timesPublished79 F.4th 582 · Court of Appeals for the Sixth Circuit · Aug 14, 2023
This was clearly a proper argument. c. … Evid. 702 because he was qualified No. 22-3552 United States v.
Cited 19 timesPublishedIn Re Grand Jury Subpoena John Doe
916 F.2d 712 · Court of Appeals for the Sixth Circuit · Oct 18, 1990
916 F.2d 712 Unpublished Disposition 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 … PER CURIAM. 1 Petitioner appeals the District Court's order finding him in contempt for refusing to testify before a grand jury after having been granted immunity.
Cited 0 timesUnpublished888 F.2d 1105 · Court of Appeals for the Sixth Circuit · Nov 3, 1989
The efficacy and consequences of a decree directing institutional reform cannot be seen clearly from the courtroom. … The court's fact findings were not clearly erroneous and as such will not be disturbed. Rabidue v. Osceola Ref.
Cited 9 timesPublished55 F. App'x 279 · Court of Appeals for the Sixth Circuit · Jan 23, 2003
The claimant bears the ultimate burden of establishing a disability within the meaning of the Social Security Act. … This first element is satisfied here since a “social security claimant has a property interest in benefits for which he or she hopes to qualify.” Id. at 1304 .
Cited 13 timesPublished457 F.3d 590 · Court of Appeals for the Sixth Circuit · Aug 10, 2006
not protected if they were created for nonlitigation purposes, regardless of content, “[d]etermining the driving force behind the preparation of each requested document is therefore required in resolving a work product immunity … We believe that Yum has established that the memoranda at issue sought to protect Yum “from future litigation about a particular transaction,” see In re Sealed Case, 146 F.3d at 885, that Yum has also established that KPMG
Cited 112 timesPublished356 F.3d 724 · Court of Appeals for the Sixth Circuit · Jan 29, 2004
However, in the context of this case, such decisions do not qualify it as an “exceptional” case warranting an award of fees. … Because it relates to the act of infringement, the Hindu Incense standard clearly applies to prevailing plaintiffs.
Cited 63 timesPublished863 F.2d 50 · Court of Appeals for the Sixth Circuit · Dec 6, 1988
PER CURIAM. 1 James Marcus Tingle appeals an adverse judgment dismissing his challenge to the constitutionality of the Tennessee Child Sexual Abuse Act, and the granting of qualified immunity to two employees of the State … Moreover, we find that the two employees were properly granted qualified immunity. 2 The pertinent facts of this case are as follows.
Cited 0 timesUnpublished226 F. App'x 564 · Court of Appeals for the Sixth Circuit · Jun 12, 2007
In these cases, courts have interpreted “Taylor’s edict to include examination of documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction . . . , such as the indictment … Only in limited circumstances may courts look beyond the conviction and examine documentation or judicially noticeable facts that clearly establish the conviction as a predicate conviction, such as the indictment, the
Cited 9 timesUnpublished
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