Case law

Willie Williams, Jr. v. Margaret Bagley, Warden

380 F.3d 932 · Court of Appeals for the Sixth Circuit · Aug 13, 2004

Therefore, we cannot conclude that the Ohio courts unreasonably applied clearly established federal law in refusing to reexamine Eddleman. C. … Plainly, the Ohio courts did not act contrary to clearly established law in dismissing Williams’s claim. C.

Keith Mustin v. Lyneal Wainwright

Court of Appeals for the Sixth Circuit · Aug 27, 2024

In Welch, this court affirmed the denial of qualified immunity to prison administrators where an inmate provided evidence that he was served meals containing approximately half the daily calories provided to the general … Tanzin distinguished Sossamon’s interpretation of RLUIPA as dictated by the sovereign immunity interests implicated when suing a state. Id. at 51–52.

Zoarab v. Mukasey

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. … Mukasey Page 6 For these reasons, Zoarab does not qualify as a refugee for purposes of asylum.

Irick v. Bell

Court of Appeals for the Sixth Circuit · May 12, 2009

“A state court decision is ‘contrary to’ clearly established Federal law if the state court arrives at a conclusion opposite to that reached by [the Supreme Court] on a question of law or if the state court confronts facts … “[A] federal habeas court may not issue a writ under the unreasonable application clause ‘simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established

United States v. Bucio-Cabrales

635 F. App'x 324 · Court of Appeals for the Sixth Circuit · Mar 14, 2016

Third, he raises a new claim that Agent Durbin’s warrant ‘affidavit failed to establish probable cause because it did not establish a nexus between illegal drug activity and 4020 Migration Lane.' Id. at 25. … affidavit were not, in his view, sufficient to establish the requisite “nexus.”

Robert Dyas v. State Farm Fire and Casualty Ins

Court of Appeals for the Sixth Circuit · Sep 5, 2012

Page 5 5019/ 5020 that the district court clearly abused its discretion. Olden v. LaFarge Corp., 383 F.3d 495, 507 (6th Cir. 2004). … Page 17 5019/ 5020 The district court also found Plaintiffs’ counsel were sufficiently qualified and experienced and thus capable of serving as class counsel.

Lonnie Brock, Plaintiffs-Appellees/cross-Appellants v. City of Cincinnati John Shirey, City Manager, Defendants-Appellants/cross-Appellees

236 F.3d 793 · Court of Appeals for the Sixth Circuit · Jan 19, 2001

Even work performed off-duty can qualify as work and entitle an employee to compensation under the FLSA. See Steiner v. … The court stressed that the City did not issue any limitations on the amount of time officers spent caring for their dogs off-duty, but the record clearly established that the City recommended sending the dogs outside for

Warren English v. Mary Berghuis

900 F.3d 804 · Court of Appeals for the Sixth Circuit · Aug 21, 2018

Berghuis Page 7 (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined … It is not enough that a reviewing court conclude that the state court “incorrectly” applied clearly established federal law; rather, the state court must have done so unreasonably. Williams v.

Rowan v. Lockheed Martin

Court of Appeals for the Sixth Circuit · Mar 11, 2004

STANDARD OF REVIEW established the “Chiles Commission” to look into the problem. … If the plaintiffs can establish considering other factors that correlate with age.

Harrison Construction Company v. Ohio Turnpike Commission, Harrison Construction Company, Plaintiff-Cross-Appellee v. Ohio Turnpike Commission, Defendant-Cross-Appellant

316 F.2d 174 · Court of Appeals for the Sixth Circuit · Apr 16, 1963

The trial court's oral opinion clearly reflects this. … These factors were brought out in the trial, counsel for the Commission attempting to establish that there was disparity between the conditions as anticipated and conditions as actually encountered.

Jane P. Evans v. Pearson Enterprises, Incorporated

434 F.3d 839 · Court of Appeals for the Sixth Circuit · Jan 19, 2006

Evans established her own revocable trust in 1995. The res of the revocable trust is Class B nonvoting stock in Ervin Industries. … After the district court had denied a clearly presented motion for leave to amend, Evans buried her subsequent requests for leave in her responses to the defendants' motions.

United States v. Malik Ward

37 F.3d 243 · Court of Appeals for the Sixth Circuit · Nov 8, 1994

As we have previously noted, such a buying-selling relationship is insufficient to establish control under § 848. … These actions would clearly be sufficient to satisfy the “control” requirement of § 848; however, Thomas was acquitted of all charges, including conspiracy to distribute cocaine under 21 U.S.C. § 846 .

United States v. Robby Harris

786 F.3d 443 · Court of Appeals for the Sixth Circuit · May 13, 2015

The panel affirmed, reasoning that once the jurors heard the evidence on the scope of the contractor’s duty, they were just as qualified as the proffered witness to answer the ultimate legal question of whether the contractor … The Court found that the testimony contravened Rule 701 because the government did not establish a sufficient foundation for it.

Michael A. Nemir, M.D. v. Mitsubishi Motors Corporation Chrysler Corporation

381 F.3d 540 · Court of Appeals for the Sixth Circuit · Oct 28, 2004

Although he is qualified, he’s not given any testimony on direct examination on injury causation, and we’re not offering him for that. … In other words, we cited the 188 documents as examples of the 29,000-plus documents that we deemed clearly relevant to the case and worthy of further investigation.

United States v. River Coal Company, Inc. Polls Creek Coal Company, Inc. New Brush Creek Mining, Inc.

748 F.2d 1103 · Court of Appeals for the Sixth Circuit · Nov 23, 1984

The costs of this endeavor are to be paid from a trust fund established by § 401 of the Act, known as the Abandoned Mine Reclamation Fund. 30 U.S.C. § 1231 . … The failure to seek interest on a nondischargeable debt for taxes during the Chapter XI proceedings clearly did not constitute affirmative misconduct.

James L. McCune v. The City of Grand Rapids, a Municipal Corporation Francis Pierce Gerald Steele John Doe and Richard Roe

842 F.2d 903 · Court of Appeals for the Sixth Circuit · Mar 25, 1988

Appellant alleges that as a result of these wrongs appellees deprived appellant of rights, privileges and immunities secured by the United States Constitution in violation of 42 U.S.C. Sec. 1983 . … GUY, Jr., Circuit Judge, concurring in result only. 25 I think the court is clearly correct on the malicious prosecution issue and, since by keeping this claim alive we give the plaintiff his day in court on this strange

Fair Elections Ohio v. Jon Husted

770 F.3d 456 · Court of Appeals for the Sixth Circuit · Oct 24, 2014

AMOS made two evidentiary showings on summary judgment, neither of which establishes an injury in fact. … But although the majority has not determined that those judges clearly erred in their factual findings, see Howard v.

Edward N. Carlton v. Jackson County Court Michigan Department of Corrections T. McLauchlan Officers Brian Peacock Tweedie and Wilmoth

875 F.2d 862 · Court of Appeals for the Sixth Circuit · May 31, 1989

Here the plaintiff has not presented any reason why the district court's findings of fact are clearly erroneous. … Here the district court was clearly expressing his opinion concerning judicial matters.

Norman B. Lawton and Leonard B. Lawton v. Dorothy K. Strong

249 F.2d 299 · Court of Appeals for the Sixth Circuit · Nov 20, 1957

By the great weight of authority the owner of personal property is qualified by his ownership alone to testify as to its value. 37 A.L.R.2d 974 and cases cited from 40 states. … All these have a material bearing on future earnings which is a much more important factor in establishing market value than is existing book value. In Com. of Virginia v.

Glen Coal Co. v. Director, Office of Workers' Compensation Programs

77 F. App'x 878 · Court of Appeals for the Sixth Circuit · Oct 15, 2003

Further, Glen Coal “did not qualify or limit its 1984 agreement to clinical pneumoconiosis.” The ALJ refers to Glen Coal’s “unconditional agreement that Claimant suffers from disabling statutory pneumoconiosis.” … McQuillan’s opinion that the treatment was clearly for Seals’s pneumoconiosis, Dr. Cander’s finding that the use of bronchodilator drugs was justified for treatment of Seals’s pneumoconiosis, and Dr.