Case law

Rosencrantz v. Lafler

Court of Appeals for the Sixth Circuit · Jun 9, 2009

Indisputable falsehood is not established by a simple swearing contest. … The district court’s summary rejection of Jack Pascoe’s affidavit was thus improper, and should be rejected as clearly erroneous. (JA 1810); see Girts v.

United States v. Mitchell

63 F. App'x 224 · Court of Appeals for the Sixth Circuit · May 15, 2003

Mitchell qualified for the safety valve embodied in U.S.S.G. § 5C1.2(a)(2). They also agreed that his total offense level would be 27 and that the applicable guideline sentence range would be 70 to 87 months. … If Willie Mitchell had established at the sentencing hearing that he had provided substantial assistance to the United States in the investigation of others and the United States had, nevertheless, refused to consider making

Schwartz v. Gregori

45 F.3d 1017 · Court of Appeals for the Sixth Circuit · Mar 17, 1995

funds to Schwartz in the form of bonuses over a three-year period, but Schwartz refused the offer because the bonuses would have been taxable as income in the years they were received, and could not have been invested in a qualified … We note, moreover, that the Gregori defendants' liability for breach of fiduciary duty and the resulting damage to Schwartz was clearly established by Gregori's refusal, contrary to the best interests of the plan participants

United States v. Timmy Fields

44 F.4th 490 · Court of Appeals for the Sixth Circuit · Aug 10, 2022

prior convictions’—and not to ‘establish’ the period of imprisonment the defendant served or other consequences that resulted from the conviction”). … Clearly, if the jury is not present to evaluate evidence in that hearing, only the court can decide the “issues of fact” raised in it.

Barnes v. Owens-Corning Fiberglas Corp.

201 F.3d 815 · Court of Appeals for the Sixth Circuit · Jan 18, 2000

Rogers clearly testified that he was exposed to “raw asbestos” (Emphasis added.) We presume the jury followed the routinely while using it as a filtrate. … Corning products, if it was established at all, was highly Of course, if the third-party plaintiff's claim is dismissed, speculative.

United States v. Lee Stephens, United States of America v. Alfonse Bartkus, United States of America v. Milton Silverman, United States of America v. Sam Norber

492 F.2d 1367 · Court of Appeals for the Sixth Circuit · Feb 28, 1974

There was no request that Kahn be granted immunity. 13 The statement by Caracappa that Kahn told him that his cargo would be stolen aspirin was clearly hearsay. … It could have offered Kahn immunity, but chose not to.

William Chandler v. Otie Jones and Attorney General of the State of Tennessee

813 F.2d 773 · Court of Appeals for the Sixth Circuit · Mar 13, 1987

Riley persisted in pleading the Fifth Amendment, even though the District Attorney offered Riley immunity from using any statements against him and even though the trial court ordered Riley to answer. … in Solem modified the holding of Rummel , the Solem court expressly stated that it was not overturning Rummel ; rather, the Court found that the circumstances in Solem which called for the proportionality analysis were “clearly

Ohio v. United States Department of Health & Human Services

761 F.2d 1187 · Court of Appeals for the Sixth Circuit · May 17, 1985

It requires each state to adopt a plan for administration of programs of medical assistance for the needy, and to have an agency responsible for establishing and maintaining standards for medical institutions included under … Ohio also contends that the Secretary erred in disapproving the amendment on the ground that it would deny comparability of rehabilitative services to persons qualified to receive them.

Quality Technology Company v. Stone & Webster Engineering Company, Inc. Stemar Corporation Steven A. White Beta, Inc.

7 F.3d 234 · Court of Appeals for the Sixth Circuit · Sep 23, 1993

QTC alleged a RICO claim for damages by asserting that defendants' conduct constituted a pattern of racketeering activity. 3 Defendants moved for summary judgment based on sovereign and qualified immunity on January 19, 1988 … protected property or liberty interest; and (3) defendants were entitled to qualified immunity even if such interests existed. 4 QTC moved for rehearing and reconsideration under Fed.R.Civ.P. 59(e), arguing that defendants

J.M. Huber Corporation v. Dolph Roberts, Orphine Roberts, River States Company

869 F.2d 1491 · Court of Appeals for the Sixth Circuit · Feb 17, 1989

Nor did a qualified attorney prepare and file the notice of appeal on his behalf. Instead, C.N. … Appellant clearly cannot base the petition for removal upon 28 U.S.C.

Charles L. Lorraine v. Ralph Coyle, Warden

291 F.3d 416 · Court of Appeals for the Sixth Circuit · May 23, 2002

established Federal law, as determined by the Supreme Court,” 28 U.S.C. § 2254 (d)(1) (1994 & Supp. … A state court’s legal decision is “contrary to” clearly established federal law under § 2254(d)(1) “if the court arrives at a conclusion opposite to that reached by *422 [the Supreme] Court on a question of law or if the

Gilbert v. Erie R. Co.

97 F. 747 · Court of Appeals for the Sixth Circuit · Nov 13, 1899

The petition, omitting formal parts, is as follows: “Plaintiff says: That she is the duly appointed, qualified, and acting administrator of the estate of Calvin Gilbert, now deceased. … We do not think the principle settled in these cases applies to a case where it clearly appears that the injury is the result of the concurrent negligence of the plaintiff and defendant.

Larry Askins v. Ohio Department of Agriculture

809 F.3d 868 · Court of Appeals for the Sixth Circuit · Jan 6, 2016

The district court dismissed all of the claims, holding that the Askinses failed to establish a private cause of action under the Clean Water Act, that the U.S. … Ohio, 503 U.S. 607, 615 (1992) (reciting that any waiver of the United States’s sovereign immunity must be unequivocal and must be narrowly construed). Here, the Askinses allege the U.S.

Emily Thomas, Cross-Appellant v. Cincinnati Board of Education, Cross-Appellee

918 F.2d 618 · Court of Appeals for the Sixth Circuit · Nov 6, 1990

In order to qualify for federal funds, state and local agencies are bound to federal guidelines delineating identification and placement of handicapped children. … Federal law, however, does not establish such placement preferences.

Police Officers For Equal Rights v. The City Of Columbus, Ohio

916 F.2d 1092 · Court of Appeals for the Sixth Circuit · Dec 7, 1990

Further, the District Court found that the 1989 lieutenant examination was not solely a test of knowledge, a finding that is not clearly erroneous. … Lefkowitz's calculations of composite reliability. 76 We find that the trial court was not clearly erroneous in accepting the testimony of Drs.

Arnold J. Southers v. Luther Townley, Darnetta Brown, Dr. Robert Bernstorf, Charlene Walls, Herman Davis, Stephen Norris

911 F.2d 734 · Court of Appeals for the Sixth Circuit · Aug 15, 1990

911 F.2d 734 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 … wanton infliction of pain, and that the defendants were entitled to qualified immunity.

Dale Wayne Scott, R.C. Gross v. Margarette Ghee

68 F.3d 475 · Court of Appeals for the Sixth Circuit · Oct 12, 1995

68 F.3d 475 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 … Scott's arguments as to defendants' lack of qualified or Eleventh Amendment immunity are misplaced, as the district court did not reach these issues.

Aminata Dieng v. Eric Holder, Jr.

698 F.3d 866 · Court of Appeals for the Sixth Circuit · Nov 8, 2012

Finally, the IJ held that the evidence presented did not qualify petitioners for relief under the CAT. In lieu of a removal order, the IJ granted petitioners’ request for voluntary departure. … language version of the death certificate for Dieng’s sister (which specified her cause of death as “vaginal hemorrhage from female genital mutilation,” unlike the French-language version, which listed no cause of death)—was clearly

Jerry L. Luster v. Gerald L. Ewell, Sr. Claus Thormaehlen Kenneth Shelton

1 F.3d 1241 · Court of Appeals for the Sixth Circuit · Aug 6, 1993

1 F.3d 1241 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 … Claims that lack an arguable basis in law include claims for which the defendants are clearly entitled to immunity and claims of infringement of a legal interest which clearly does not exist.

Andrew Maurice Randolph v. Matt Macauley

Court of Appeals for the Sixth Circuit · Oct 21, 2025

“In this context, ‘clearly established law’ signifies ‘the holdings, as opposed to the dicta, of [the Supreme] Court’s decisions.’” Howes v. Fields, 565 U.S. 499, 505 (2012) (quoting Williams v. … To prevail on his habeas petition, Randolph must establish that the Michigan courts’ decision either (1) “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the