Case law

United States v. Travis Burton

440 F. App'x 474 · Court of Appeals for the Sixth Circuit · Nov 14, 2011

Because the district court did not clearly err in finding that the government sufficiently established Burton’s intent to distribute marijuana, we AFFIRM the district court’s application of § 2K2.1(b)(6). … we AFFIRM the judgment of the district court. 3 As an alternative basis for affirmance, the government argues that Burton’s sentence can be upheld on the ground that Burton’s simple possession also qualifies

Norman Whiteside v. Jondrea Parrish

387 F. App'x 608 · Court of Appeals for the Sixth Circuit · Jul 21, 2010

the merits of this claim in that they argued Whiteside was not engaged in protected activity when he filed lawsuits in the Ohio Court of Claims.1 Defendants alternatively argued that they were entitled to sovereign and qualified … immunity. 1 As set forth infra, the first element of a First Amendment retaliation claim is that the plaintiff engaged in protected conduct.

United States v. Patrick Craig Harrison

Court of Appeals for the Sixth Circuit · Mar 6, 2026

To establish plain error, Harrison must show “(1) an error, (2) that was obvious or clear, (3) that affected his substantial rights, and (4) that affected the fairness, integrity, or public reputation of his judicial proceedings … Harrison assessment is thus mandatory for any non-indigent defendant guilty of a qualifying offense. United States v. Shepherd, 922 F.3d 753, 757 (6th Cir. 2019).

United States v. Jarreous Blewitt

746 F.3d 647 · Court of Appeals for the Sixth Circuit · Dec 3, 2013

Commission that a reduced guideline range is sufficient to achieve the purposes of sentencing and that, in the sound discretion of the court, a reduction in the term of imprisonment may be appropriate for previously sentenced, qualified … This explanation for the amendment states clearly that the Commission determined that the guidelines amendment implementing the Fair Sentencing Act should be available for retroactive application through resentencing under

United States v. Carale Shields

Court of Appeals for the Sixth Circuit · Dec 8, 2025

“A district court abuses its discretion where ‘it relies on clearly erroneous findings of fact, or when it improperly applies the law or uses an erroneous legal standard.’” United States v. … But if a defendant is unable to establish a fair and just reason for withdrawal, “it is not necessary for the Court to consider prejudice to the Government.” Hockenberry, 730 F.3d at 662.

Cedric Williams v. Pledged Property II, LLC

508 F. App'x 465 · Court of Appeals for the Sixth Circuit · Dec 13, 2012

In the period between Schering-Plough and this case, the Michigan Court of Appeals has clearly interpreted § 566.132(2) to include promises to delay foreclosure sales, holding that “an agreement to delay a foreclosure sale … Upon establishing the elements of unjust enrichment, the law will imply a contract, but only if there is no express contract governing the same subject matter. Belle Isle Grill Corp. v.

A. R. Barnes & Co. v. Berry

169 F. 225 · Court of Appeals for the Sixth Circuit · Mar 16, 1909

The ground of the protest does not clearly appear. … This being so, these two specific recommendations qualify the general recommendation.

United States v. Hunt

Court of Appeals for the Sixth Circuit · Apr 11, 2008

sufficient evidence to conclude that Hunt intentionally contributed to the commission of health care fraud by causing claims to be submitted on the false pretenses that they had been determined to be medically necessary by a qualified … And a factual determination is necessarily clearly erroneous where a jury has previously found to the contrary beyond a reasonable doubt.

John Weary v. William S. Cochran

377 F.3d 522 · Court of Appeals for the Sixth Circuit · Jul 29, 2004

The district court awarded summary judgment in favor of Northwestern Mutual and Cochran on the federal age discrimination claims, holding that neither qualified as Weary's "employer" within the meaning of the Act. … The determination of whether a plaintiff qualifies as an employee under the Act "is a mixed question of law and fact" that a judge normally can make as a matter of law. Lilley v.

Van Hook v. Anderson

535 F.3d 458 · Court of Appeals for the Sixth Circuit · Aug 4, 2008

An independent mental health expert was necessary to establish the strongest case of mental illness for the sentencer. … Van Hook’s conviction only qualified for one of Ohio’s statutory aggravating circumstances: his offense “was committed while [he] was committing ... aggravated robbery.” Id. § 2929.04(A)(7).

United States v. Fekete

535 F.3d 471 · Court of Appeals for the Sixth Circuit · Aug 5, 2008

empty threat[ ] ... or intimidating bluff[ ]” is insufficient to satisfy the statutory intent requirement, the Court unfortunately failed to address whether a carjacking committed by an assailant with an unloaded firearm qualifies … Sections 924(c)(1)(A), (C) & (D) clearly provide that two firearm convictions in connection with separate underlying felony offenses must be counted as independent convictions, carrying consecutive sentences of 7 and 25 years

Bertram Eubank v. Jesse Foley, Detective, Ypsilanti City Policy Department

758 F.2d 652 · Court of Appeals for the Sixth Circuit · Feb 18, 1985

758 F.2d 652 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 case and requires service … The district court granted defendant's motion to dismiss on the basis that he enjoys qualified immunity under Harlow v.

Christopher J. Parry v. Mohawk Motors of Michigan, Inc. Austintown Ambulatory Er Medexpress Drug Free, Inc., Arnold J. Pritchard Apic Diversified Contract Services, Inc.

236 F.3d 299 · Court of Appeals for the Sixth Circuit · Dec 29, 2000

We conclude that Plaintiff's ADA claim must fail because he cannot establish a prima facie case. 40 To establish a prima facie case, Plaintiff must show that (1)he was "disabled" under the ADA, (2) he was otherwise qualified … We find that Plaintiff has failed to establish the first and fourth elements of a prima facie case. 41 First, Plaintiff has failed to establish that he was or is "disabled" under the ADA.

36 Fed. R. Evid. Serv. 1338, prod.liab.rep. (Cch) P 13,478 Kathy D. Tobin, (91-6413), (91-6478) v. Astra Pharmaceutical Products, Inc., (91-6413), Duphar B v. (91-6478)

993 F.2d 528 · Court of Appeals for the Sixth Circuit · May 13, 1993

Wyeth Laboratories, Inc., 916 F.2d 970, 975 (4th Cir.1990), also does not address the qualifications a person should possess to qualify as an expert. Dr. … Clearly Schelling cannot reasonably expect to sell a potentially dangerous product into the United States, exact its price, and then shirk any obligations that arise when its machine goes awry.

Bobby Joe Raines, and All Others Similarly Situated, James Braggs v. Lawrence Lack, Warden, Turney Center Michael Dutton, Warden

900 F.2d 260 · Court of Appeals for the Sixth Circuit · Apr 17, 1990

900 F.2d 260 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 case and requires service … immunity on plaintiff's claim for money damages.

Ask Chemicals, LP v. Computer Packages, Inc.

593 F. App'x 506 · Court of Appeals for the Sixth Circuit · Dec 10, 2014

Russell because, although the court decided that he was qualified as an expert, it also found his report to be insufficiently reliable. … The district court found that the experience, education, and professional qualifications of ASK’s witness, Russell, properly qualified him as an expert.

United States v. Edward Evans

378 F. App'x 485 · Court of Appeals for the Sixth Circuit · Apr 28, 2010

Under a modified categorical analysis, the sentencing court was obliged to look to, along 3 This circumstance is to be distinguished from circumstances in which the statutory definition of the offense clearly … Evans facts that would qualify the conviction as a ‘violent felony.’ ” Id. at 359-60 (citing Shepard, 544 U.S. at 21, 125 S.Ct. 1254). ....

Lee v. United Parcel Service, Inc.

155 F. App'x 208 · Court of Appeals for the Sixth Circuit · Nov 21, 2005

UPS argues in the alternative that it is immune from tort liability under the Kentucky Workers’ Compensation Act as an “up-the-ladder employer.” See Ky. Rev. Stat. §§ 342.610, 342.690 (West 2003). … UPS’s relationship with Lee is clearly one of invitor/invitee because UPS, unlike Siemens, owned the premises on which Lee was injured.

Alice Kathryn Henderson and David Henderson v. Selective Insurance Company, Firemen's Fund Insurance Company, Dorothy Moore and Josephine Hayes v. Selective Insurance Company, Firemen's Fund Insurance Company, Alice Kathryn Henderson and David Henderson v. Firemen's Fund Insurance Company, Allstate Insurance Company, Intervenor-Appellant. Dorothy Moore and Josephine Hayes v. Firemen's Fund Insurance Company, Allstate Insurance Company, Intervenor-Appellant

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

With respect to the policy of the company in requiring a salesman to accompany a prospect driving a car, he testified that if a salesman qualified the prospective customer they let the latter drive the car. … American Employers Insurance Company, 209 F.2d 60 (C.A. 6) which is heavily relied upon by Allstate is not clearly in point.

Ihsan Bazzi v. Eric Holder, Jr.

746 F.3d 640 · Court of Appeals for the Sixth Circuit · Dec 19, 2013

In order for him to succeed, he must prove clearly and beyond doubt that he is not inadmissible as charged. 8 C.F.R. § 1240.8(b). … Finally, the IJ asked Bazzi why he and his wife got a divorce, “and he quite clearly and emphatically said the only reason was I wanted to come to the United States and she did not . . . .” But Mr. and Mrs.