Case law

United States v. Jeremy Mooney

135 F.4th 486 · Court of Appeals for the Sixth Circuit · Apr 25, 2025

Mooney argues that no rational trier of fact could have found the intent required to establish a violation of 18 U.S.C. § 242. … It must instead review the evidence and make independent findings necessary to establish a willful obstruction of justice. Id. at 390.

Marcus Werner v. Bell Family Medical Center, Inc.

529 F. App'x 541 · Court of Appeals for the Sixth Circuit · Jun 27, 2013

Icicle Seafoods, 475 U.S. at 714 (criticizing the appellate court for “engag[ing] in such factfinding” instead of reviewing the district court’s findings under the clearly erroneous standard). … Givens, 704 F.2d 181, 185 & n.9, 188 (5th Cir. 1983) (finding that the district court erred in submitting the issue to the jury because the undisputed facts established employment status), overruled on other grounds by

Northeast Ohio Coalition for the Homeless v. Husted

837 F.3d 612 · Court of Appeals for the Sixth Circuit · Sep 13, 2016

In so concluding, the court carefully applied the correct legal standard and did not make clearly erroneous factual findings. … the right of any individual to vote in any elec *630 tion because of an error or omission” on a registration application or voting ballot if the error or omission “is not material” in determining whether the individual is qualified

Kovach v. Zurich American Insurance

587 F.3d 323 · Court of Appeals for the Sixth Circuit · Nov 13, 2009

The police report established that he ran a stop sign and the blood tests at the hospital showed that he was intoxicated. … Stamp’s decision to drive while grossly intoxicated qualifies as overwhelmingly and disproportionately risky conduct. Stamp v. Metro. Life Ins.

Natl Solid Wastes v. Daviess Cnty KY

Court of Appeals for the Sixth Circuit · Jan 24, 2006

We find that Plaintiff has established constitutional standing. … Page 13 Daviess County, Kentucky From the facts of Carbone, the waste transfer facility was quite clearly owned in fact by the municipality.

Denis McCormick v. Merlo S.p.A. Industria Metalmeccanica

Court of Appeals for the Sixth Circuit · Apr 14, 2026

At the motion-to-dismiss stage, this allegation alone qualifies McCormick as a dealer. Notably, McCormick didn’t have to buy the spare parts directly from Merlo to qualify as a dealer. … First, the current party must clearly intend to assign its obligations to the non-party. Burkhardt v. Bailey, 680 N.W.2d 453, 463 (Mich. Ct. App. 2004).

Lucerne Products, Inc. v. Cutler-Hammer, Inc.

568 F.2d 784 · Court of Appeals for the Sixth Circuit · Sep 29, 1977

Brown, the designer-engineer of the Cutler-Hammer Catalog 8341 and 8348 speed controls, the same controls which are accused herein as infringing the Matthews patent RE. 26,267 in suit, clearly establishes that the origin … To this extent we find that the last two paragraphs quoted above are clearly erroneous.

Kimberly Ondricko v. MGM Grand Detroit, LLC

Court of Appeals for the Sixth Circuit · Aug 8, 2012

That situation is clearly distinguishable from the situation alleged here: a discharge based on an ambiguous guideline, accompanied by evidence of inconsistent application, and explained on the basis of race. … , (3) she was qualified for the position, and (4) others, similarly situated and outside the protected class, were treated differently.

Peace v. Wellington

211 F. App'x 352 · Court of Appeals for the Sixth Circuit · Oct 23, 2006

Accordingly, the disparate impact analysis is intended to ensure that employers do not use seemingly neutral decision-making mechanisms that in actuality tend to eliminate a greater portion of otherwise qualified members … To state a viable § 1983 claim, a plaintiff must allege that: (1) he or she was deprived of a right, privilege, or immunity secured by the Constitution or laws of the United States; and (2) the deprivation was caused by

United States v. Daron King

553 F. App'x 518 · Court of Appeals for the Sixth Circuit · Jan 27, 2014

It is well established that “a district court should begin all sentencing proceedings by correctly calculating the applicable Guidelines range.” Gall v. United States, 552 U.S. 38, 49 (2007). … To the contrary, the district court expressly recognized the guidelines range as “clearly beyond the range of reasonableness.”

Townsend v. Social Sec Admin

Court of Appeals for the Sixth Circuit · May 4, 2007

The district court determined that Townsend was not a prevailing party on appeal and thus did not qualify for any award for appellate fees under the EAJA. … Thus, a fee applicant must meet the EAJA’s four requirements only once to establish an entitlement to attorney fees and expenses.

United States v. Dillin

168 F. 813 · Court of Appeals for the Sixth Circuit · Mar 16, 1909

At that date his term of office expired, and his successor qualified and took charge of the office. … Taintor, said: “But this is primarily the right of the court or sovereignty, and has its most striking examples in cases of extradition. * * * This case establishes that the sovereignty where jurisdiction first attaches may

Parker v. Sill

989 F.2d 500 · Court of Appeals for the Sixth Circuit · Mar 25, 1993

989 F.2d 500 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 … of judicial immunity. 6 On October 15, 1991, plaintiffs filed an answer to defendant's motion to dismiss and a motion for a pendente lite injunction.

In Re City of Detroit, Detroit Water and Sewerage Department

828 F.2d 1160 · Court of Appeals for the Sixth Circuit · Sep 17, 1987

Absent such specific allegations of bias derived from an extrajudicial source, disqualification clearly is not appropriate. See United States v. Bobo, 586 F.2d 355, 366 (5th Cir.1978)....” … filed complaints with the Judicial Council of the Sixth Circuit, stating that the Judge made "racially patronizing and biased” comments "which can reasonably be interpreted as stating that black people generally are not qualified

United States v. Phillip R. Lawrence

959 F.2d 237 · Court of Appeals for the Sixth Circuit · Apr 8, 1992

959 F.2d 237 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 … The two counts clearly "are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan," Fed.R.Crim.P. 8(a), so they are properly joined

HLV, LLC v. Van Buren Cty.

Court of Appeals for the Sixth Circuit · May 28, 2019

First, Stewart sent HLV a request for production to collect all documents establishing damages in the action. … HLV fails to establish how that evidence—which simply would have established when Hamre drafted two documents that he admitted to drafting—would have changed the jury’s mind about Stewart’s conduct.

Miguel Villa-Najera v. William P. Barr

Court of Appeals for the Sixth Circuit · Jun 3, 2020

CAT, the BIA held that the IJ’s findings— that the Mexican government has been working to combat torture and that Villa-Najera has not demonstrated evidence of a particularized risk of future torture in Mexico—were not clearly … Due Process Rights Villa-Najera claims that his due process rights were violated when the IJ declined to qualify Slack as an expert witness.

Preterm-Cleveland v. Stephanie McCloud

994 F.3d 512 · Court of Appeals for the Sixth Circuit · Apr 13, 2021

The district court held that the right established by Roe v. … This is internally contradictory, as a full and open conversation may not be qualified by “about anything else.”

Chapman v. Higbee Co.

256 F.3d 416 · Court of Appeals for the Sixth Circuit · Jul 5, 2001

The “security of persons and property” clause clearly limits the potential class of cases which may be brought under this section. … The 1866 Act, when first enacted, clearly applied to private conduct.

McMillan v. LTV Steel, Inc.

555 F.3d 218 · Court of Appeals for the Sixth Circuit · Feb 5, 2009

On August 1, 1999, the USWA and LTV Steel entered into an agreement (the “1999 Agreement”) restructuring the pension benefits for all qualified employees. … The bankruptcy court’s findings regarding the effect of the 1999 Agreement are not clearly erroneous. Under the terms of the 1999 Agreement, “[i]ndividual Company Contribution Accounts ...