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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.
Cited 0 timesPublishedReginald C. Street v. City of Dearborn Heights, Michigan and Mitchell Botcher
39 F.3d 1182 · Court of Appeals for the Sixth Circuit · Nov 4, 1994
Sec. 1983 and that plaintiff's state law claims against the city were barred by governmental immunity under M.C.L.A. 691.1407 1 . … Plaintiff's attorneys are completely unaware of this established Sixth Circuit requirement.
Cited 5 timesUnpublishedArthur Jones v. Option One Mortgage Corp
466 F. App'x 449 · Court of Appeals for the Sixth Circuit · Feb 29, 2012
Option One’s system of reporting to credit agencies payment deficiencies in mortgage accounts, after repeatedly providing notice of those deficiencies, clearly does not constitute extreme and outrageous conduct. … Additionally, Jones fails entirely to respond to the district court’s holding that, even assuming Jones could establish a prima facie case of libel, defendants would be entitled to a qualified privilege because the statements
Cited 2 timesUnpublished899 F.2d 15 · Court of Appeals for the Sixth Circuit · Apr 2, 1990
899 F.2d 15 1990-1 Trade Cases 68,996 Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the … Traffic Jam has conceded that Michigan's policy prohibiting tied houses is clearly articulated.
Cited 0 timesUnpublishedWilliam A. Warde v. Kermit Kaiser
887 F.2d 97 · Court of Appeals for the Sixth Circuit · Oct 6, 1989
This clearly rules out any possibility of recovery under Tenn.Code Ann. § 47-50-109; the caselaw teaches that there “must” have been a breach of contract, and here there simply was no breach. … A fortiori, it would seem, the disappointed agent has no standing where it is established that no breach of contract occurred. The insurance contract sold by the plaintiff agents in Willard v.
Cited 10 timesPublished739 F.2d 1071 · Court of Appeals for the Sixth Circuit · Jul 10, 1984
Clearly, the EPA's final position on the "margin for growth" issue was markedly different from that first taken in the notice of hearing. … We do not read this decision as establishing a "minimal impact" standard.
Cited 8 timesPublished313 F. App'x 762 · Court of Appeals for the Sixth Circuit · Sep 10, 2008
An applicant bears the burden of establishing that he or she qualifies as a refugee. 8 C.F.R. § 1208.13(a). … To qualify for withholding of removal, the alien must establish that there is a clear probability that he or she would be persecuted upon return. Id.
Cited 3 timesUnpublished620 F.3d 699 · Court of Appeals for the Sixth Circuit · Oct 14, 2010
From the very beginning of the case, Wilson’s defense was clearly a charade: No. 09-6306 Wilson v. Rees, et al. … When a person is sentenced to death in a kangaroo court such as Wilson’s, with an illicit sexual affair taking place between a co-defendant and a colleague of the trial judge and no semblance of qualified defense counsel,
Cited 0 timesPublishedGentry v. Summit Behavioral Healthcare
197 F. App'x 434 · Court of Appeals for the Sixth Circuit · Sep 5, 2006
As such, he fails to establish a prima facie case, so we need not address his claims of hostile work environment. 5 2. … Gentry has not shown either that he was “needed to care for” his mother on the disputed day or that his activities in caring for her because of her arthritis constituted FMLA-qualifying care. See Overley v.
Cited 8 timesUnpublishedUnited States v. Russell Lindsay
363 F. App'x 382 · Court of Appeals for the Sixth Circuit · Feb 3, 2010
Even if we did require immunization under the “effective defense” theory, Lindsay has not shown that his right to present a defense was denied when the government declined to immunize Eck. B. … In addition, the district court clearly instructed the jury that its duty was to separately consider the evidence against each defendant and to return a separate verdict for each one of them. Cf.
Cited 3 timesUnpublished412 F. App'x 848 · Court of Appeals for the Sixth Circuit · Feb 28, 2011
In order to demonstrate that he is eligible for asylum, Lin must show that he qualifies as a refugee by providing evidence to “establish either that he has suffered actual past persecution or that he has a well-founded … “Because an alien must meet a higher burden in establishing a right to withholding of removal than in demonstrating asylum eligibility, an alien who fails to qualify for asylum necessarily does not qualify for withholding
Cited 3 timesUnpublishedUnited States v. Gerardo Perez-Mendoza
625 F. App'x 761 · Court of Appeals for the Sixth Circuit · Sep 9, 2015
Gerardo Perez-Mendoza Agents followed the Honda to a commercial establishment five to six miles away from the Goudy Road residence. … The district court’s factual findings, based on undisputed facts, are not clearly erroneous. Wright, 747 F.3d at 412.
Cited 0 timesUnpublished81 F.4th 560 · Court of Appeals for the Sixth Circuit · Aug 25, 2023
Hill concluded that the state courts’ failure to follow the established process for reviewing his claim violated his constitutional right to due process and a fair proceeding and was an unreasonable application of clearly … established federal law and an unreasonable application of the facts.
Cited 31 timesPublishedCourt of Appeals for the Sixth Circuit · Apr 20, 2005
Common Pleas case number 81CR11, and aggravated robbery in Trumbull County Common Pleas case number 83CR359,” but the record fails to indicate on what basis the district court concluded that these prior convictions were for qualifying … In any event, even if a presentence report could generally satisfy the requirements of Shepard and Taylor, which is doubtful, the presentence report in this case clearly does not; it fails to include even the most basic information
Cited 0 timesPublishedNat'l Wildlife Federation v. Sec'y of the U.S. Dep't Trans.
960 F.3d 872 · Court of Appeals for the Sixth Circuit · Jun 5, 2020
The Clean Water Act clearly specifies the information that plans must include. See id. § 1321(j)(5)(D). … In Public Citizen, the agency was required to certify a person as a motor carrier if it found that person willing and able to comply with safety and financial responsibility requirements established by the Department of Transportation
Cited 6 timesPublishedGary Watkins v. Jodi DeAngelo-Kipp
854 F.3d 846 · Court of Appeals for the Sixth Circuit · Jan 10, 2017
Rather, to qualify for relation back, the original and amended petitions must “state claims that are tied to a common core of operative facts.” Id. at 664. … Even assuming that Watkins was diligently pursuing his rights, he cannot establish entitlement to equitable tolling.
Cited 61 timesUnpublishedEarl Slusher v. Director, Office of Workers' Compensation Programs
983 F.2d 1068 · Court of Appeals for the Sixth Circuit · Dec 28, 1992
With regard to applications for Black Lung Benefits, an ALJ must clearly state the reasoning behind his decision. For example, in Peabody Coal v. … Therefore, we ask that the ALJ resolve this case as expeditiously as possible. 1 "Qualifying" pulmonary function studies and arterial blood gas studies are those which meet the prescribed regulatory criteria for establishing
Cited 1 timesUnpublishedBethlehem Steel Corporation v. Marriott Corporation
631 F.2d 441 · Court of Appeals for the Sixth Circuit · Oct 2, 1980
He found nothing in Norwalk Victory which qualified this rule. Implicit in the holding is the assumption that liability for the tort existed on other grounds. 11 In Petition of Chadade Steamship Co. … The statutes, 33 U.S.C. §§ 403 and 409, 5 clearly state a policy against obstruction of navigable waters.
Cited 3 timesPublishedUnited States v. Daniel Ushery, Jr.
785 F.3d 210 · Court of Appeals for the Sixth Circuit · May 6, 2015
The court could easily have asked the parties to step out of the courtroom or adjourned the rearraignment to a later date, rather than preside over what were clearly plea negotiations. … But Ushery had far more than the two prior felony convictions required to establish career-offender status. See U.S.S.G. § 4Bl.l(a).
Cited 23 timesPublishedOwner Operator Independent Drivers Ass'n v. Comerica Bank (In Re Arctic Express Inc.)
636 F.3d 781 · Court of Appeals for the Sixth Circuit · Mar 3, 2011
The carrier shall perform this accounting in one of the following ways: (i) By clearly indicating in individual settlement sheets the amount and description of any deduction or addition … Under the terms of the loan, Arctic submitted to Comerica a list of customer invoices that qualified as “eligible accounts,” as defined by the loan documents.
Cited 39 timesPublished
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