Case law

34 Fed. R. Evid. Serv. 1206, prod.liab.rep. (Cch) P 13,088 Gary Turpin, Betty Turpin, Individually and as Parent and Natural Guardian of Brandy Turpin, a Minor v. Merrell Dow Pharmaceuticals, Inc.

959 F.2d 1349 · Court of Appeals for the Sixth Circuit · Mar 11, 1992

This weakness arises from the fact that different species of animals react differently to the same stimuli for reasons not entirely understood. 4 Immune systems, nervous systems, and metabolisms (i.e., physical processing … The percentage part is established by the statistician in advance of performing the studies.

Yibing Dong v. Board of Education of the Rochester Community Schools

197 F.3d 793 · Court of Appeals for the Sixth Circuit · Dec 17, 1999

in the area of autism treatments, and they were fully qualified to determine if a group or one-on-one setting would be best.” 7 Ms. … Lovaas and read articles about it, but was not qualified to implement or modify a Lo-vaas program.

Dorrington v. City of Detroit

223 F. 232 · Court of Appeals for the Sixth Circuit · Apr 6, 1915

That is certain from the facts and from the opinions of those qualified to judge. The sea was heavy, the wind was high, and it was getting dark. … The evidence tends to establish the fact that the bridge could have been handled in safety if care were taken that it go not too fast.

David Virts v. Consolidated Freightways Corporation of Delaware

285 F.3d 508 · Court of Appeals for the Sixth Circuit · Apr 4, 2002

Defendant followed up with a letter to Plaintiff explaining that by Plaintiffs refusal to ride with qualified female drivers on sleeper runs, as well as Plaintiffs request to not to be asked to ride on sleeper runs with females … if it is later established that the employer’s belief was mistaken.

Clark v. United States

943 F.2d 51 · Court of Appeals for the Sixth Circuit · Sep 13, 1991

the prosecuting attorney has prosecutorial immunity from an action for damages; 3) that the trial judge has judicial immunity from an action for damages; and 4) that any suit for monetary damages based upon the claims against … Clark's case is so unsubstantial that the district court clearly lacked jurisdiction. Hagans v. Lavine, 415 U.S. 528, 536-37 (1974). 6 Accordingly, the district court's order is affirmed.

Planet Aid v. City of St. Johns, MI

782 F.3d 318 · Court of Appeals for the Sixth Circuit · Apr 6, 2015

Plaintiff Planet Aid is a nonprofit charitable organization established in Massachusetts. … Although neutral regarding viewpoint, such a regulation would clearly be content-based. At oral argument, defendant’s counsel agreed.

Demarkus Hodge v. Pat Hurley, Warden

426 F.3d 368 · Court of Appeals for the Sixth Circuit · Oct 12, 2005

established Supreme Court precedent. … established Supreme Court precedent, “an unreasonable application of’ clearly established Supreme Court precedent, or “an unreasonable determination of the facts in light of the evidence presented.” 28 U.S.C. § 2254 (d).

Officemax, Inc. v. United States

428 F.3d 583 · Court of Appeals for the Sixth Circuit · Nov 2, 2005

The government next argues that these other uses of “and” at a minimum establish ambiguity about the meaning of the term in § 4252(b)(1)(A). … It claims that “ ‘distance’ clearly is shorthand for toll rate,” so that even if the statute requires that the toll charge vary by both distance and elapsed time, a service would qualify if the toll charge varied by both

Cora Mitchell v. City of Warren, MI

803 F.3d 223 · Court of Appeals for the Sixth Circuit · Aug 21, 2015

The question is not whether Mitchell had established actual knowledge. … Michigan law clearly creates a much smaller window.

United States v. Melvin Bay Guyon

717 F.2d 1536 · Court of Appeals for the Sixth Circuit · Sep 26, 1983

(b) Within the special maritime and territorial jurisdiction of the United States, Whoever is guilty of murder in the first degree, shall suffer death unless the jury qualifies its verdict by adding thereto “without capital … His testimony at trial clearly presented this theory to the jury.

Securities and Exchange Commission v. George

426 F.3d 786 · Court of Appeals for the Sixth Circuit · Aug 30, 2005

And the district court correctly referred to several factors that may qualify an individual as a broker (none of which Malizia contests), including regular participation in securities transactions, employment with the issuer … Jackson now claims in his briefs that the money he received back was "clearly traceable to him," Jackson Br. at 13, but he fails to identify anything in the record that supports this assertion.

Charles Hollis, Jr. v. Chestnut Bend Homeowners Ass'n

760 F.3d 531 · Court of Appeals for the Sixth Circuit · Jul 29, 2014

After a spurt of communications between the two sides, Bob Notestine, counsel for the CBHA, sought to reset the application process and asked the Hollises’ attorney to submit a complete application “clearly showing what [ … discrimination to include the failure to make “reasonable No. 13-6434 Hollis, et al. v Chestnut Bend Homeowners Ass’n Page 16 accommodations to the known physical or mental limitations of an otherwise qualified

Chattanooga Mailers' Union, Local No. 92 v. The Chattanooga News-Free Press Company

524 F.2d 1305 · Court of Appeals for the Sixth Circuit · Oct 29, 1975

Nor would arbitration be barred because the procedure established by the parties is no longer workable. … [W]ho is better qualified to determine the intent of the parties than an arbitrator chosen because of his knowledge of the customs and practices of the industry? 393 F.2d at 228 .

United States v. Dwayne E. Head (90-3288), Edward A. Black (90-3442), Tony F. Swanson (90-3467), Jacob Stewart (90-3480)

927 F.2d 1361 · Court of Appeals for the Sixth Circuit · Mar 18, 1991

Police established surveillance and on September 14 and September 16, 1988, the police made controlled purchases of cocaine-base, commonly called crack. … Among considerations to be included in the determination whether a defendant qualifies for the provision are voluntary and truthful admission to authorities of involvement in the offense and the timeliness of defendant’s

Bathory v. Procter & Gamble Distributing Co.

306 F.2d 22 · Court of Appeals for the Sixth Circuit · Jun 26, 1962

Steel Corp., 254 F.2d 12 (CA 6), we said: “ * # * where the circumstances are such as to take the case out of the realm of conjecture and within the field of legitimate inferences from established facts, at least a prima … A jury would clearly be justified in finding that defendant was using its own name to market the product. Swift & Co. v. Blackwell, 84 F.2d 130 , (CA 4, 1936); Burkhardt v.

United States v. Gabriel Barnett

540 F. App'x 532 · Court of Appeals for the Sixth Circuit · Nov 7, 2013

However, as the district court held, our precedent clearly establishes that such offenses, if sufficiently violent, can qualify as ACCA predicates. For the following reasons, we AFFIRM the Defendant’s sentence. … Based on the indictments, the district court found that the convictions qualified as ACCA predicate offenses, and imposed the mandatory minimum sentence of 15 years.

United States v. Ronnie Wellington

468 F. App'x 529 · Court of Appeals for the Sixth Circuit · Mar 19, 2012

To qualify for the § 2K2.1(b)(6) enhancement, “the government [must] establish[], by a preponderance of the evidence, a nexus between the firearm and an independent felony.” … According the appropriate “due deference” to the findings of the district court requires the conclusion that the government has clearly established a nexus between the gun and the drugs found in Wellington’s vehicle.

Jones v. City of Detroit

904 F.2d 707 · Court of Appeals for the Sixth Circuit · Jun 6, 1990

They also were unable to establish the identity, badge numbers or race of the officers who mistreated them, or even whether the abusive officers wore City of Detroit uniforms. … III. 12 The appellants next claim that the district court erred in dismissing their complaint on the grounds that official or qualified immunity precludes liability against the City or the officers because the officers.

Severe Records, LLC v. Rich

658 F.3d 571 · Court of Appeals for the Sixth Circuit · Sep 23, 2011

Sevier responded that his use of the photograph qualified as “fair use” and reiterated his claim of authorship of the songs in question. … Hence, the letters clearly appear to have been premised on an implied denial of Sevier’s authorship or co-authorship.

Blaise Mapouya v. Alberto R. Gonzales

487 F.3d 396 · 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). … Gonzales, 200 Fed.Appx. 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