Case law

United States v. Rayborn

495 F.3d 328 · Court of Appeals for the Sixth Circuit · Jul 26, 2007

Facts Established at the Second Trial 1. … Finally, the previous panel’s decision cannot be described as “clearly erroneous” such that it would require reconsideration.

United States v. Sylvia Hofstetter

Court of Appeals for the Sixth Circuit · Apr 11, 2022

The district court recognized that Carter did not qualify as a pain-management expert. … Hofstetter has not established any of the Youngblood elements, nor has she shown any error in the factual findings of the district court.

Robert L. Steele v. Terry D. Taylor, Supt., Owen J. Kilbane v. Ronald C. Marshall, Supt., Martin A. Kilbane v. Ronald C. Marshall, Supt.

684 F.2d 1193 · Court of Appeals for the Sixth Circuit · Jul 28, 1982

The motive was clearly established. … It further held that the statement lacks sufficient indicia of reliability to meet the confrontation standard established in Ohio v.

Whitworth Bros. Storage Co. v. Central States, Southeast & Southwest Areas Pension Fund

982 F.2d 1006 · Court of Appeals for the Sixth Circuit · Jan 11, 1993

An important component of ERISA is it does not compel the establishment of employee pension funds. It is optional for an employer to establish an ERISA qualifying pension plan. … Manifest inequity is one effective way of discouraging employers from sponsoring ERISA-qualified plans at all. Id. at 965-66 (citations omitted).

United States v. Keith Scott Brown

946 F.2d 1191 · Court of Appeals for the Sixth Circuit · Nov 13, 1991

During this investigation, however, there were no drug charges pending against Gabbard or Stokes and thus they were not posing as informants in order to gain immunity. 3 On November 13, 1989, Gabbard went to an automobile … In that same case, he said, "It has long been the established practice of the federal courts that, even in criminal cases, the presiding judge may comment freely on the evidence...." Id. See also Graham v.

Robinson v. American Broadcasting Companies

441 F.2d 1396 · Court of Appeals for the Sixth Circuit · Apr 30, 1971

Sullivan, 376 U.S. 254 , 84 S.Ct. 710 , 11 L.Ed. 686 , on or the relation of the tests therein established to, the First Amendment rights of licensed broadcasters. … We think the answer is 'Yes.' 35 'The establishment of the truth about Krebiozen as soon as possible is critically important to the public.

New Lansing Gardens Housing v. Columbus Metro. Housing

46 F.4th 514 · Court of Appeals for the Sixth Circuit · Aug 24, 2022

Thus, Ohio courts generally give common words their ordinary meaning and technical terms their technical meaning, “unless a different intention is clearly expressed.” … The Housing Authority responds that the plain language of the 2017 Guidebook establishes its applicability to the full 20-year term of the Renewal Contract.

Wayne State University v. Max Cleland

590 F.2d 627 · Court of Appeals for the Sixth Circuit · Dec 21, 1978

(It follows that the length of a standard class session is determined by the school’s own academic practices which establish a normal length, not an average length, for each type of class session based on the majority of … Any courses which are exempt pursuant to paragraph 2 should be clearly identified as such when weekly sessions or the equivalent contact time is to be reported. 5 .

Ceil Brannen Evans Tiffany Marie Brannen, by Her Next Friend & Mother Ceil Brannen Evans v. Ronald A. Panioto, Judge Carla Ludwig Dianna R. Price Phyllis G. Bossin Sallee Watermann John Daggett Stanley Clawar Brynne Rivlin Sarah M. Knox, M.D. Carolyn Pfleghaar Summit Country Day School Edward Tyrrell Karen Wedemeyer Eugene J. Utz, Judge Raymond E. Shannon, Judge Rupert A. Doan, Judge Harry T. Klusmeier, Judge Thomas J. Moyer, Judge Ronald L. Solove, Judge Robert E. Taylor Jean Stephen Vonder Ahe Robson James Edmond Evans John Does, 1 Thru 25, (94-3602) Ronald A. Panioto, Judge Eugene J. Utz, Judge Raymond E. Shannon, Judge Rupert A. Doan, Judge Harry T. Klusmeier, Judge Ronald L. Solove, Judge, Carla Ludwig, (94-3791)

47 F.3d 1168 · Court of Appeals for the Sixth Circuit · Feb 9, 1995

47 F.3d 1168 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 of copies of cited unpublished … Likewise, the court reporter is entitled to qualified immunity because Evans has not presented any facts that she acted outside the scope of her lawful authority, see Forte v.

Patty Cleveland v. Southern Disposal Waste Connections

491 F. App'x 698 · Court of Appeals for the Sixth Circuit · Aug 9, 2012

“To establish a prima facie claim of racial discrimination based on a failure to promote[,] . . . a plaintiff generally must demonstrate that: (1) he is a member of a protected class; (2) he applied and was qualified for … qualified for the position.

United States v. Mario Adamo, Richard Marsico, Terry Freeman, Raymond Ripley, Jeffrey Linkous, Ectore Garcia, and Winthrop Hong

742 F.2d 927 · Court of Appeals for the Sixth Circuit · Aug 22, 1984

Appellate courts, unlike trial courts, do not have an opportunity to observe witness demeanor and therefore are even less qualified to judge witness credibility. (10] In holding that the trial judge properly denied the motions … In reference to Lisa Babcock, the prosecutor said, “[h]er testimony will reveal that she has been granted immunity to testify in this case.

Solvay Pharmaceuticals, Inc. v. Duramed Pharmaceuticals, Inc.

442 F.3d 471 · Court of Appeals for the Sixth Circuit · Mar 22, 2006

Had the parties intended the exclusive remedy/no damages clause to limit the proper matters for arbitration — as opposed to the relief appropriate under the CPA — they likely would have included some qualifying language. … Much of the testimony before the panel concerned the circumstances surrounding the execution of the two documents and how the arrangement established by the later document departed from that established by the first — including

United States v. Gray

521 F.3d 514 · Court of Appeals for the Sixth Circuit · Apr 2, 2008

The evidence established that Honeywell funded McGilbra’s Cleveland weekend. … The district court’s two-level enhancement for obstruction of justice pursuant to U.S.S.G. § 3C1.1 is likewise not clearly erroneous.

Railway Labor Executives' Association v. Interstate Commerce Commission

930 F.2d 511 · Court of Appeals for the Sixth Circuit · Apr 16, 1991

"Terms Established Under Section 405 of the Rail Passenger Service Act"--Second Prong of Section 11347. 37 The second prong of section 11347 comprises the terms established under RPSA, and, for the purposes of section 11347 … A reading of the preceding subsection, 565(a), clearly shows that the subsection 565(b) language upon which Rail Labor relies, "Such protective arrangements ..."

United States v. Donald W. Streck

914 F.2d 1495 · Court of Appeals for the Sixth Circuit · Sep 26, 1990

914 F.2d 1495 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 … A finding is clearly erroneous when, despite evidence to support it, the reviewing court harbors a definite and firm conviction that a mistake has been made. Archer v.

Joe Cron, Sara Hunter, Granville Ratcliff, and Kenneth Ray, Plaintiff-Cross-Appellant v. John P. Chandler, Individually and in His Capacity as Sheriff of Cheatham County, Tennessee and Cheatham County

25 F.3d 1047 · Court of Appeals for the Sixth Circuit · Jun 10, 1994

This finding is not clearly erroneous, and cannot be disturbed on appeal. … On this record, the district court's finding that political animus did not play a role in Chandler's discharge decision is not clearly erroneous.

Kings Local School District, Board of Education v. Zelazny

325 F.3d 724 · Court of Appeals for the Sixth Circuit · Apr 7, 2003

Ariel is a child with a qualified disability under the definition of the Act, because he has a potent combination of three disorders. He has obsessive compulsive disorder, Tourette Syndrome, and Asperger's Syndrome. … Rowley, 458 U.S. 176 , 102 S.Ct. 3034 , 73 L.Ed.2d 690 (1982), established that 9 [w]hen reviewing cases brought under the Act, courts must determine whether the state has complied with the Act's procedural requirements,

United States v. Vandeberg

Court of Appeals for the Sixth Circuit · Jan 14, 2000

Defendant-Appellant Jesse account when exercising its discretion to establish the James Vandeberg pled guilty to conspiracy to transport stolen restitution amount. … The clearly fails to support the imposition of a two-level government bears the burden of proving that the enhancement enhancement pursuant to § 3B1.1(c).2 This section provides

Paul Kordenbrock v. Gene Scroggy, Warden, Kentucky State Penitentiary

889 F.2d 69 · Court of Appeals for the Sixth Circuit · Nov 3, 1989

The Court qualified this right: This is not to say, of course, that the indigent defendant has a constitutional right to choose a psychiatrist of his personal liking or to receive funds to hire his own. … The trial court’s finding that publicity did not prejudice the jury was not clearly erroneous. Appellant does not establish that he was denied a fair trial merely because of extensive media coverage.

Bob Anderson v. City of Fulton, Ky

Court of Appeals for the Sixth Circuit · Sep 24, 2021

To succeed on his § 1983 claim, Anderson must establish that Buckingham violated the Fourth Amendment and is not entitled to qualified immunity. Slusher v. Carson, 540 F.3d 449, 453 (6th Cir. 2008). … But Anderson fails to establish the constitutional violation.