Case law

United States v. Tyrone Christian

Court of Appeals for the Sixth Circuit · Jun 26, 2018

Moreover, courts have repeatedly held that a defendant’s residence “is clearly a ‘secure operational base.’” Id. (citing United States v. Paull, 551 F.3d 516, 522 (6th Cir. 2009)); see also United States v. … That is the case here too, where alone some parts of the affidavit might be criticized but taken together they point clearly to one conclusion: that Christian was dealing drugs from 618 Grandville.

Duha v. Agrium, Incorporated

448 F.3d 867 · Court of Appeals for the Sixth Circuit · May 23, 2006

Agrium had not established "good cause" to file additional record evidence. … Courts have asserted broad leeway under the transfer statute to define which subsets of claims qualify as separate civil actions. See Wyndham Assocs. v.

Associated Builders & Contractors v. Perry

16 F.3d 688 · Court of Appeals for the Sixth Circuit · Feb 14, 1994

Because they faced possible prosecution under the new law, these physicians clearly had standing to bring suit against the state officials enforcing the law. Id. at 64 , 106 S.Ct. at 1704 . … I do not read Diamond to establish the rule that no private party intervenor can have standing to pursue an appeal that an original state party declines to bring, and to the extent that this court establishes such a rule

United States v. James R. Hoffa, United States of America v. Thomas Ewing Parks, United States of America v. Larry Campbell, United States of America v. Ewing King

382 F.2d 856 · Court of Appeals for the Sixth Circuit · Sep 14, 1967

Although she claims she met the judge, she qualifies her identification by stating that she knows he is the same person whom she saw on television and whose picture she had seen in a newspaper. … Consequently the trial judge was exceptionally qualified to pass on the affidavits.

Nationwide Recovery, Inc. v. City of Detroit, Mich.

Court of Appeals for the Sixth Circuit · Jan 7, 2026

And at the time, the City of Detroit allowed its Board of Police Commissioners to set standards for towing companies to qualify for a permit. Detroit City Code § 55-15-8(a) (2014). … The company proposes a blanket rule that the City shouldn’t be able to “establish facts as to how third parties would decide an issue” through opinion testimony. Id. at 11–12.

Rawe v. Liberty Mutl Fire

Court of Appeals for the Sixth Circuit · Sep 1, 2006

This test, established by the Supreme Court of Kentucky in Wittmer v. … Rawe’s previous suit under the UIM policy does not prospectively immunize the defendant from liability for future actionable conduct for bad faith.

Peoples Federal Savings and Loan Association of Sidney v. Commissioner of Internal Revenue

948 F.2d 289 · Court of Appeals for the Sixth Circuit · Apr 9, 1992

manner as is provided with respect to additions to the reserves for losses on loans of banks under section 585(b)(3), plus (B) the amount determined by the taxpayer to be a reasonable addition to the reserve for losses on qualifying … Finally, the legislative history in Bell Aerospace shows that Congress did not alter the statute so as to cast any doubt on its clearly expressed original intentions that the statute exclude managerial employees from its

Byrd v. Collins

Court of Appeals for the Sixth Circuit · Apr 6, 2000

The essence of Petitioner’s claim on appeal is that qualifying’ juries in capital cases.” … These improperly in allowing the jury to be “death-qualified,” and factual findings establish, among other things, that Armstead in admitting improper evidence and allowing improper “received no bargain or deal

Joseph Nilles v. Givaudan Flavors Corp.

521 F. App'x 364 · Court of Appeals for the Sixth Circuit · Mar 29, 2013

out a prima facie case of disability discrimination under Title I through the use of indirect evidence, a plaintiff must show: 1) he or she is disabled; 2) otherwise qualified for the position, with or without … “it is intuitively clear when viewing the ADA’s language in a straightforward manner that an employer cannot fire an employee ‘because of’ a disability unless it knows of the disability”).3 On this factor, Nilles has clearly

Robert E. Parchman Virgil R. (Ray) Lemons Jack E. Hamilton v. United States Department of Agriculture

852 F.2d 858 · Court of Appeals for the Sixth Circuit · Sep 27, 1988

[T]he Secretary need only establish the likelihood that an arrangement will result in competitive injury to establish a violation.” Farrow, 760 F.2d at 215. … The Supreme Court clearly held in Butz v. Glover Livestock [Comm’n] Co., 411 U.S. 182, 187-88 , 93 S.Ct. 1455, 1458-59 , 36 L.Ed.2d 142 (1973), that those determinations are for the agency: The sanction ...

United States v. John Bruce Hubbard

16 F.3d 694 · Court of Appeals for the Sixth Circuit · Mar 30, 1994

First, his misrepresentations were clearly material under the standard set out in United States v. Steele, 933 F.2d 1313, 1319 (6th Cir.) … In order to show ineffective assistance of counsel, Hubbard must establish two things: First, the defendant must show that counsel’s performance was deficient.

Jerome Morton v. Eugene F. Jones Sue Walkup Robert G. Redman, Warden, Individually and Severally

51 F.3d 272 · Court of Appeals for the Sixth Circuit · Apr 5, 1995

51 F.3d 272 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 … Palmer, 468 U.S. 517, 531-33 (1984). 10 Morton contends that the state courts of Michigan cannot provide him adequate relief as the defendants will be entitled to qualified immunity.

United States v. 150 Acres of Land

Court of Appeals for the Sixth Circuit · Jan 20, 2000

In addition to establishing the foregoing, the defendant must establish that he has satisfied the requirements of … Under these circumstance we hold simply that, at statutory definition is clearly dependent on the totality of the this time, we cannot state as a matter of law that Ethel’s circumstances.

Remus v. United States

291 F. 501 · Court of Appeals for the Sixth Circuit · Jun 30, 1923

The allegations of this indictment first above quoted clearly charges an existing conspiracy entered into between the defendants on April 20, 1919, and continuing until the time of the finding and presentation of the indictment … The Crawford Case holds simply that an employé of the United States is not a qualified juror in-a case where the defendant is on trial for conspiracy against the United States.

American Strawboard Co. v. Haldeman Paper Co.

83 F. 619 · Court of Appeals for the Sixth Circuit · Dec 7, 1897

It did not relate to something which was not “in being at the time,” and clearly falls within the first and sixth' resolutions of Spencer’s Case, 5 Coke, 16; Vyvyan v. Arthur, 1 Barn. & C. 410; Tatem v. Chaplin, 2 H. … -The stipulation relates to the mode in which the premises conveyed are to be enjoyed, and qualifies the estate.

Henderson v. Selective Insurance

369 F.2d 143 · Court of Appeals for the Sixth Circuit · Nov 23, 1966

During the course of the trial, a directed verdict was entered as to Louisville on the express ground that there was insufficient evidence to establish an agency relationship between Louisville and Martin. … American Employers Insurance Company, 209 F.2d 60 (C.A. 6) which is heavily relied upon by Allstate is not clearly in point.

Na'im A. Abdul-Mateen v. Robert Moton, Case Manager at State Prison of Southern Michigan Brian Watson, Assistant Deputy Warden

19 F.3d 1432 · Court of Appeals for the Sixth Circuit · Mar 22, 1994

19 F.3d 1432 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 … Moreover, defendant Moton is not entitled to qualified immunity because the right to present evidence at a disciplinary hearing is well-established. See Hewitt v.

United States v. Jamieson

Court of Appeals for the Sixth Circuit · Oct 28, 2005

As Jamieson explained, an individual with AIDS could answer falsely on insurance applications, indicating that he had no serious illnesses, and thus qualify for the life insurance. … Shortly after Jamieson was indicted, the trial court appointed two qualified defense attorneys to represent him.

State of Tenn. v. Dep't of Educ.

104 F.4th 577 · Court of Appeals for the Sixth Circuit · Jun 14, 2024

They clearly can be interpreted as desiring a change in voluntary policies by recipients of federal funding. … Cir. 2013) (interpretative rules “do not establish a binding norm”).

United States v. Eddie Louis Taylor

917 F.2d 1402 · Court of Appeals for the Sixth Circuit · Oct 25, 1990

We find it particularly relevant that the least qualified officer, Sergeant Eldridge, led the pursuit. … We conclude, however, that such a finding was clearly erroneous.