Case law

United States v. Steven Tilden Fellmy

Court of Appeals for the Sixth Circuit · Jan 23, 2026

So a movant seeking exclusion must establish more than a mere “possibility” that the evidence has been tampered with. Id. Fellmy hasn’t shown that here. … In response, the official would raise government immunity as a defense. And to defeat that immunity, the plaintiff would argue that the official had violated the Fourth Amendment.

William Andrew Wright v. Stephen Spaulding

939 F.3d 695 · Court of Appeals for the Sixth Circuit · Sep 19, 2019

From the beginning, § 2255 was qualified by a saving clause—in non-legalese, an “unless.” … A legal conclusion that is necessary to the judgment qualifies.

McGowan v. Cooper Industries, Inc.

863 F.2d 1266 · Court of Appeals for the Sixth Circuit · Dec 20, 1988

However, appellants were entitled to an opportunity to establish, if they could, that it is the custom in the industry to assume otherwise. … But once the jury heard all of the evidence on the scope of Babcock’s duty, it was as qualified as Green to determine whether Babcock breached that duty.

Stumpf v. Houk

653 F.3d 426 · Court of Appeals for the Sixth Circuit · Aug 11, 2011

Lane clearly bars the retroactive application of the majority’s new constitutional right to Stumpf. See 489 U.S. 288, 306 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989). … Significantly, the majority’s rule is not clearly established Supreme Court precedent, see 28 U.S.C. § 2254 (d), and post-AEDPA habeas petitioners are therefore unable to avail themselves of it, regardless of whether the

Richard A. Vaughn, Dds, P.C. v. Fred Baldwin v. John Doe, Mary Roe

940 F.2d 662 · Court of Appeals for the Sixth Circuit · Jul 22, 1991

Defendant's motion for summary judgment, filed on September 1, 1989, alleged that plaintiff had failed to state a claim for which relief could be granted and that the action was barred by the doctrine of qualified immunity … immunity defense did not support dismissal since a genuine issue of fact existed regarding whether Baldwin encouraged or instigated an illegal search.

Sutton v. Cleveland Board of Education

958 F.2d 1339 · Court of Appeals for the Sixth Circuit · Mar 19, 1992

United States or other person within the jurisdiction thereof” to pursue “an action at law [or] a suit in equity” against “[e]very person who, under color of” state law, causes “the deprivation of any rights, privileges, or immunities … They have thus prevailed upon a claim which established a right “secured by the constitution.” 42 U.S.C. § 1983 .

Sally Doe v. Metro. Gov't of Nashville & Davidson Cnty.

35 F.4th 459 · Court of Appeals for the Sixth Circuit · May 19, 2022

To hold MNPS is immune from liability as long as no student is assaulted twice, regardless of its indifference to widespread instances of sexual harassment across its schools, would defeat Title IX’s purpose of eliminating … The district court did not err in finding that Jane Doe could not establish her Title IX “after” claim under Kollaritsch.

Lundgren v. Mitchell

Court of Appeals for the Sixth Circuit · Mar 13, 2006

Washington, 466 U.S. 668 (1984), and “[i]t is past question that the rule set forth in Strickland qualifies as clearly established Federal law, as determined by the Supreme Court of the United States.” … So the relevant question is not whether the state court’s decision was wrong, but whether it was an unreasonable application of clearly established federal law.”). 3.

United States v. Detroit International Bridge Company, Walter H. Lubienski and Commodities Export Company, Proposed Intervenors-Appellants

7 F.3d 497 · Court of Appeals for the Sixth Circuit · Nov 3, 1993

As the district court correctly noted, to qualify for intervention as a matter of right, Commodities and Lubienski must show four things: 1) an interest related to the property or transaction which is the subject of action … The MOA clearly provides for the condemnation of Commodities and Lubienski's property and serves as a final settlement of the 1979 condemnation action.

Edward A. Taylor and Dorothy E. Taylor v. B. Heller and Company

364 F.2d 608 · Court of Appeals for the Sixth Circuit · Aug 17, 1966

Bonner’s use of the appraisal clearly contravenes the rule that expert opinion may not be based upon the opinion of others, either in evidence or not in evidence. Zelenka v. … Bonner’s opinion of the value of the going concern was based, not upon facts proved at the trial, but upon the opinion of others who were not even qualified as experts, nor present at the trial.

Cavanaugh v. Cardinal Loc School

Court of Appeals for the Sixth Circuit · May 18, 2005

To qualify for funds under the IDEA, a State must demonstrate that it has in effect a policy that assures all disabled children the right to a free 1 No. 03 … We clearly have jurisdiction over the appeal brought on his behalf, and will require only that the Cavanaughs obtain counsel if they choose to pursue his appeal.

Michigan Gas Co. v. Federal Energy Regulatory Commission

115 F.3d 1266 · Court of Appeals for the Sixth Circuit · Jun 10, 1997

Standing “is a qualifying hurdle that plaintiffs must satisfy even if raised sua sponte by the court.” Community First Bank v. National Credit Union Admin., 41 F.3d 1050 , 1053 (6th Cir.1994). … Clearly, any competitive threat that BPW might pose to Mi-Gas in the future was not caused by the FERC orders authorizing construction of a delivery tap from one gas supplier to BPWs own pipeline.

United States v. Lawson

780 F.2d 535 · Court of Appeals for the Sixth Circuit · Oct 16, 1985

The indictment, however, clearly charges Paula Luke as involved with her husband in a wide-ranging conspiratorial enterprise to fence stolen property. … Barker, 553 F.2d 1013, 1024 (6th Cir.1977) (general experience can qualify witness as expert).

Peggy Ann Schaefer Spotts v. United States

429 F.3d 248 · Court of Appeals for the Sixth Circuit · Nov 14, 2005

The Internal Revenue Manual,- a document published by the Service and provided to. agents states that, ”[t]o establish a nominee lien situation, it must be shown that while a third party may have legal title to the property … As the Service noted in a letter to Ray’s tax counsel, “a nominee filing should only be done where the facts and circumstances attending the purchase and/or transfer of property clearly show that the property was acquired

United States v. Ledinson Chavez

951 F.3d 349 · Court of Appeals for the Sixth Circuit · Feb 21, 2020

In the context of the instruction, “the crime” clearly meant “the crime of aggravated identity theft.” … U.S.S.G. § 3B1.1 cmt. n.4 (“There can, of course, be more than one person who qualifies as a leader or organizer[.]”).

Mike's Train House, Inc. v. Lionel, L.L.C., Korea Brass and Yoo Chan Yang

472 F.3d 398 · Court of Appeals for the Sixth Circuit · Dec 14, 2006

The record clearly establishes, however, that Korean manufacturers share a common numbering system for train parts. For example, all Korean design companies assign the number “2600” to the train’s boiler. … We have also held that a district court erred by admitting expert testimony that was based “upon the opinion of others who were not even qualified as experts, nor present at the trial.” Taylor v. B.

Nightclubs, Inc.,plaintiff-Appellant v. City of Paducah

202 F.3d 884 · Court of Appeals for the Sixth Circuit · Feb 2, 2000

Regina’s House of Dolls qualifies as an “adult cabaret” under § 11— 2(3) of the ordinance. 1 *887 In addition to regulating the substantive operation of sexually oriented businesses, the ordinance requires such businesses … Id. “ ‘The district court’s determination will be disturbed only if the district court relied upon clearly erroneous findings of fact, improperly applied the governing law, or used an erroneous legal standard.’ ” Id.

Laxman Thapa v. Eric Holder, Jr.

572 F. App'x 314 · Court of Appeals for the Sixth Circuit · Jul 9, 2014

Thapa’s testimony clearly and interpreted clearly, she would have granted asylum.” … Att’y Gen. of the United States, 400 F.3d 157, 165 (3d Cir. 2005) (to qualify as persecution, threats must be “sufficiently imminent or concrete”); Lim, 224 F.3d at 936 (threats will qualify as persecution only when they

Entertainment Productions, Inc. v. Shelby County

588 F.3d 372 · Court of Appeals for the Sixth Circuit · Nov 25, 2009

“The phrase read in context of the entire definition clearly pertains and is limited to that entertainment ‘which has a significant or substantial portion of such performance, any actual or simulated performance of specified … Because we find it improbable that any performances of serious artistic value qualifying as “adult entertainment” would be staged in individualized booths, the number of ostensibly impermissible applications of the Act is

M. Kathleen McKinney v. Ozburn-Hessey Logistics

875 F.3d 333 · Court of Appeals for the Sixth Circuit · Nov 9, 2017

The Board’s burden in establishing reasonable cause is “relatively insubstantial.” Id. (quoting Fleischut, 859 F.2d at 29). … We see no reason to believe that this limited statement qualifies Jones as an outspoken Union supporter.