Case law

Thoroughbred Software International, Inc. v. Dice Corporation, Clifford v. Dice, Fred Wager, and John Does 1-10

488 F.3d 352 · Court of Appeals for the Sixth Circuit · Jun 14, 2007

Licensee recognizes and agrees that TSI has established and may establish other nonexclusive dealers in licensing Solutiour- IV who may compete with Licensee. … Discretion is abused when a district court “relies on clearly erroneous factual findings, improperly applies the law, or uses an erroneous legal standard.” Id. at 893 . III. LAW AND ANALYSIS A.

Parker Ex Rel. Parker v. Fayette County Public Schools

332 F. App'x 229 · Court of Appeals for the Sixth Circuit · May 22, 2009

The school board moved to dismiss based upon governmental immunity. … Therefore the first element—deprivation of a right secured by the Constitution or laws of the United States—is clearly satisfied. ”) (citation omitted); Soper ex rel. Soper v.

United States v. Salti

579 F.3d 656 · Court of Appeals for the Sixth Circuit · Aug 25, 2009

The petitioner ultimately bears the burden of establishing the petitioner’s third-party claim by a preponderance of the evidence: If, after the hearing, the court determines that the petitioner has established by a preponderance … FirstMerit Bank, N.A., 311 Fed.Appx. 814, 817 (6th Cir. 2009), we previously indicated that a constructive trust would qualify as a “superi- or” interest under 21 U.S.C. § 853 (n)(6)(A).

Gun Owners of America, Inc. v. Merrick B. Garland

19 F.4th 890 · Court of Appeals for the Sixth Circuit · Dec 3, 2021

For a bump stock to be a “machinegun” under this definition, a rifle fitted with that device must qualify as one. Yet such a “bump-stock rifle” does not qualify. … An assertion that the Attorney General’s general rulemaking power also qualified as an express delegation to establish regulatory crimes with the force of law would swallow Chevron’s distinction between express and implied

Samuel Whitson v. Knox County Board of Education

468 F. App'x 532 · Court of Appeals for the Sixth Circuit · Mar 20, 2012

In her pleading, Principal Summa claimed the affirmative defense of qualified immunity. The district court denied all motions. Principal Summa filed a notice of appeal. … Because this action was “not triable of right by a jury” the court needed Plaintiff’s consent to send the case to a jury; clearly the court lacked that consent.

United States v. Gibbs

174 F.3d 762 · Court of Appeals for the Sixth Circuit · Apr 16, 1999

Attracting a person with the allure of a drug sale and then robbing the person is not enough to qualify as use of a firearm in relation to a drug sale. … The government argues that the presence of the firearm in plain view qualifies as a “display” of the firearm under Bailey . The display, however, must be during a drug transaction.

Rosemary Rahn v. Drake Center, Inc.

31 F.3d 407 · Court of Appeals for the Sixth Circuit · Dec 7, 1994

Prior to 1989, Daniel Drake Memorial Hospital ("DDMH"), a hospital established pursuant to Ohio Revised Code Chapter 339, was a public institution owned and operated by Hamilton County, a political subdivision of the State … Moreover, the speech also addressed the potential endangerment of patients which is clearly a matter of public concern. See Frazier v. King, 873 F.2d 820, 825-26 (5th Cir.)

Breck v. Michigan

203 F.3d 392 · Court of Appeals for the Sixth Circuit · Feb 10, 2000

Clearly, the laws only (noting that the Court did not assess the wisdom of requiring prohibit the election of people who are already seventy but do police officers to retire at age fifty-five); see also Stiles v. … Further, whether the identified legitimate state interests were actually considered The age-eligibility election laws are sufficiently rationally in establishing the prohibition is irrelevant.

United States v. Derrick Samuels

Court of Appeals for the Sixth Circuit · Jul 18, 2019

court commits procedural error by “failing to calculate (or improperly calculating) the Guidelines range, treating the Guidelines as mandatory, failing to consider the § 3553(a) factors, selecting a sentence based on clearly … The immunity given to the witnesses. What witness has to come to court only under a promise of immunity? Who does that? Lying people do that.”).

Romil Rafael Estrella Taveras v. Carolyn R. Paiewonsky Taveraz

477 F.3d 767 · Court of Appeals for the Sixth Circuit · Feb 16, 2007

After Sosa , it is incontrovertible that not only must a cause of action directly implicate the law of nations, jurisdiction under the ATS can be found only if the claim implicates a law of nations norm that is as clearly … Taveraz, a parent with full guardianship or custody, qualify as abduction under this provision. Id. at pt. I, art. XXXV.

In Re Gibson Group, Inc.

66 F.3d 1436 · Court of Appeals for the Sixth Circuit · Sep 28, 1995

Canadian Pacific alleges that this transfer occurred within ninety days before Gibson filed its bankruptcy petition and otherwise qualifies as a preferential transfer under 11 U.S.C. Sec. 547 (b). … Ltd Partnership, 30 F.3d 734, 737 (6th Cir.1994), that we review the judgment of the bankruptcy court directly, and follow its findings of fact unless clearly erroneous.

United States v. Abraham Jacob Alkhabaz, Also Known as Jake Baker

104 F.3d 1492 · Court of Appeals for the Sixth Circuit · Apr 14, 1997

The prosecution must establish a “true threat,” which means a serious threat as distinguished from words uttered as mere political argument, idle talk or jest. … The Court instructed that this statement, in its factual context, was not a “true threat” which could be constitutionally prosecuted, but instead was mere “political hyperbole” immunized by the First Amendment. 13 Id. at

Lovvorn v. City of Chattanooga

846 F.2d 1539 · Court of Appeals for the Sixth Circuit · May 23, 1988

However, since they are both so clearly a “search” under any usual definition of that word, it probably makes more sense to think of them as exceptions. … For example, when a police officer is asked to qualify periodically on the firing range with his firearm in order to remain on duty, the purpose is not primarily to find non-qualifying officers but, rather, to ensure that

Robert Mitchell v. Justin Ravitz Robert Facano Attorney General State of Michigan and Dale E. Foltz

774 F.2d 1163 · Court of Appeals for the Sixth Circuit · Sep 30, 1985

During her opening arguments, one defense attorney clearly alluded to political motivations as underlying the investigation: 16 I don't think you'll be able to avoid finding, or feeling that the picture being put together … In some situations, however, the grant of immunity to prosecution witnesses and the denial of immunity to defense witnesses may violate due process. See United States v.

Sharp v. Lindsey

285 F.3d 479 · Court of Appeals for the Sixth Circuit · Mar 28, 2002

Lindsey's retaining his own job for that period, the contract establishes a term of almost 46 weeks for the principalship. Mr. … The reassignment may or may not have constituted a breach of the contract, but we think it was clearly a termination.

Akron Center for Reproductive Health, Inc., Cross-Appellees v. City of Akron, Cross-Appellants, Francois Seguin, Intervenors

651 F.2d 1198 · Court of Appeals for the Sixth Circuit · Jul 22, 1981

Two qualified physicians testified that it is safe to perform D & E abortions in an out-patient clinic through the 17th or 18th week of pregnancy. … Nevertheless, this witness stated that this proposition “is not clearly established.”

Oliver v. Kalamazoo Board of Education

706 F.2d 757 · Court of Appeals for the Sixth Circuit · May 6, 1983

At most, principles of res judicata would establish only that plaintiffs were not entitled to this remedy as of 1973. IV. … The advantages of seniority based on length of service are well established and need not be recounted here.

Clemmer v. Key Bank National Ass'n

539 F.3d 349 · Court of Appeals for the Sixth Circuit · Aug 22, 2008

The relevant statutory language is identical to language regarding on-machine notice, see id. § 1693b(d)(3)(A) & (B)(i), as to which the regulations explicitly permit such qualified notice, 12 C.F.R. § 205.16 (c)(1)(ii). … Because the on-screen notice in this case clearly notified Clemmer that he was subject to a charge, it is not necessary for us to determine whether the on-screen message told him that he would in fact be charged.

Judith Collins v. United States

Court of Appeals for the Sixth Circuit · Dec 11, 2023

“The FTCA was designed . . . to remove the sovereign immunity of the United States from suits in tort.” Millbrook v. United States, 569 U.S. 50, 52 (2013). … See Collins, 2023 WL 2394638, at *3–4 (discussing the expert’s qualifications, implicitly recognizing that he was qualified). 3 Collins further argues that the district court should have had a Daubert hearing if the court

United States v. Taylor

301 F. App'x 508 · Court of Appeals for the Sixth Circuit · Nov 24, 2008

Sixth Circuit precedent “clearly establishes that the affiant need only specify that the confidential informant has given accurate information in the past to qualify as reliable.” … The government bears the burden of establishing that defendant’s prior convictions qualify as ACCA predicates. See United States v. Goodman, 519 F.3d 310, 316 (6th Cir. 2008).