Case law

Whaley v. County Of Tuscola

58 F.3d 1111 · Court of Appeals for the Sixth Circuit · Jul 12, 1995

The coroner's office, pursuant to an established procedure, nevertheless removed Brotherton's corneas during the course of the autopsy. … Michigan common law clearly holds that the next of kin have the right to possess the body for burial.

United States v. James Henry Clark

294 F.3d 791 · Court of Appeals for the Sixth Circuit · Jun 20, 2002

A defendant must establish that "at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the … Sentencing Guidelines Manual ("U.S.S.G.") § 2B3.1(b)(2)(F), I respectfully dissent from Part II.B. 3 As noted in the majority opinion, we have clearly recognized that 18 U.S.C. § 17 places the burden of proving an insanity

United States v. Bellsouth Telecommunications, Inc.

123 F.3d 935 · Court of Appeals for the Sixth Circuit · Aug 26, 1997

Therefore, the plaintiff bears the burden of establishing jurisdiction. Theunissen v. Matthews, 935 F.2d 1454, 1458 (6th Cir.1991). … McKenzie's claims are clearly "based upon" public disclosures.

In Re Beard

45 F.3d 113 · Court of Appeals for the Sixth Circuit · Apr 12, 1995

While FmHA has not established a specific remedy in the event the plan obligation fails, FmHA is represented by competent and sophisticated legal counsel. … Under that framework, a debtor clearly may directly pay off secured claims. 11 U.S.C.

Barker v. Chesapeake & Ohio Railroad

959 F.2d 1361 · Court of Appeals for the Sixth Circuit · Mar 27, 1992

This case clearly demonstrates why this is so. … Section 797c(g) establishes the right of employees to bring actions to enforce their rights under the section.

United States v. James Brennan, III

908 F.3d 995 · Court of Appeals for the Sixth Circuit · Nov 13, 2018

As to the first question, Congress expressly established a preference for disgorgement to be a civil remedy. … The transcript clearly establishes that the court did not find Brennan’s argument persuasive because Brennan was not, in any true sense, a first-time offender due to his prior censure and fine.

United States v. Massey

663 F.3d 852 · Court of Appeals for the Sixth Circuit · Dec 16, 2011

Massey Page 6 consider the § 3553(a) factors, selecting a sentence based on clearly erroneous facts, or failing to adequately explain the chosen sentence– including an explanation … In light of his six criminal history points, Massey would not qualify for relief under this section. No. 10-1335 United States v.

Mapouya v. Gonzales

Court of Appeals for the Sixth Circuit · May 18, 2007

The applicant initially bears the burden of establishing that he qualifies as a refugee under the Act. Ramaj v. Gonzales, 466 F.3d 520, 529 (6th Cir. 2006). … App’x 582, 585 (6th Cir. 2006) (unpublished), where this Court held that the petitioner, Mayela, a citizen of the Republic of Congo, did not qualify for asylum because she could not establish a well-founded fear of persecution

Anderson v. Messenger

158 F. 250 · Court of Appeals for the Sixth Circuit · Dec 17, 1907

But the fact stated in the stipulation in that regard was clearly shown by the evidence in the case. … ordinances, bylaws and resolutions aforesaid shall remain in force until the same are repealed by the council and the present officers of said city shall hold their respective offices until their successors are elected and qualified

Justin Beckman v. William Bivens

371 F. App'x 637 · Court of Appeals for the Sixth Circuit · Apr 6, 2010

As for Bivens in his individual capacity, the district court found that “the First Amendment speech and affiliation rights implicated in this case are clearly established [because] no reasonable official would think it … Therefore, Bivens’s case is in the category of qualified immunity cases not open to interlocutory appeal.

Bass v. Janney Montgomery Scott, Inc.

210 F.3d 577 · Court of Appeals for the Sixth Circuit · Apr 17, 2000

This language closely grossly excessive as to be clearly erroneous.’” Chatman v. tracks the language of the federal statutory definition. … arguable that he qualified as a Technigen insider, and as such notes under the rubric of securities.

Tucker v. Palmer

Court of Appeals for the Sixth Circuit · Sep 4, 2008

Relatedly, the R&R recommended that the District Court find that the state trial court’s conviction of Tucker “involved an unreasonable application of clearly established federal law.” (JA at 108.) … “A state-court decision is an unreasonable application of clearly established federal law if it ‘correctly identifies the governing legal rule but applies it unreasonably to the facts of a particular prisoner’s case.’”

Lorraine E. Nielsen v. Ford Motor Company

876 F.2d 104 · Court of Appeals for the Sixth Circuit · Jun 5, 1989

Thus, Nielsen is unable to establish that the district court erred in its conclusion that she was not similarly situated nor as qualified as individuals who were allegedly promoted ahead of her. 16 Moreover, assuming, arguendo … However, she has not indicated why the court's order was clearly unreasonable or arbitrary.

United States v. Jimmie White

920 F.3d 1109 · Court of Appeals for the Sixth Circuit · Apr 10, 2019

The Speedy Trial Act strengthens this constitutional mandate by establishing time limits for completing the various stages of a federal criminal prosecution. 18 U.S.C. §§ 3161 - 3174. … Richardson , 681 F.3d 736 , 741 (6th Cir. 2012) ("[G]iven the context, the record clearly establishes that a continuance serves the ends of justice.").

Diego Lopez Gonon v. Eric H. Holder, Jr.

341 F. App'x 88 · Court of Appeals for the Sixth Circuit · May 26, 2009

Lastly, the IJ concluded that he did not qualify for voluntary departure based on his failure to demonstrate good moral character. (IJ’s Order, Appx. at 50.) … establish that Mr.

Frank A. Littriello v. United States of America and United States Department of Treasury

484 F.3d 372 · Court of Appeals for the Sixth Circuit · Apr 13, 2007

However, the Court did not hold that a specific number of those characteristics had to be present in order to establish the business entity as a corporation, nor did it address the consequence of a partnership having some … directive to courts to give deference to an agency’s interpretation of statutes that the agency is entrusted to administer and to the rules that govern implementation, as long as they are reasonable, are clear, and are clearly

United States v. Mark Dyer

Court of Appeals for the Sixth Circuit · Apr 3, 2025

But the government presented evidence that Defendants’ services would not qualify for incident-to billing. … The government responded in turn by calling an expert who established that Defendants’ services likely could not be billed as “incident-to.”

Eugene Woodard v. Ohio Adult Parole Authority

107 F.3d 1178 · Court of Appeals for the Sixth Circuit · Mar 3, 1997

Baxter, therefore, is clearly distinguishable and does not affect our analysis of the clemency interview. … Although Seventh Circuit law did not recognize judicially created use immunity, “[t]he Fifth Amendment of its own force, without the superaddition of a judicial immunity order” would prevent the government from using the

Leslie Ward v. Eric Holder, Jr.

Court of Appeals for the Sixth Circuit · Aug 15, 2013

We held that the government’s degree of proof was to establish inadmissibility “‘by clear and convincing evidence.’” … In Orlando Ventura, the Board determined that an immigrant failed to qualify for political asylum, but the Ninth Circuit reversed the Board. Id. at 13.

Larry M. Young v. Township of Green Oak

471 F.3d 674 · Court of Appeals for the Sixth Circuit · Dec 28, 2006

This establishes the second element of the res judica-ta determination. 3. … The statutory language clearly allowed him to do so. Res judicata thus operates to bar his WPA claim in the present lawsuit. d.