Case law

D.B. v. Lafon

217 F. App'x 518 · Court of Appeals for the Sixth Circuit · Feb 21, 2007

Indeed, this Circuit also has implicitly acknowledged that the Confederate flag qualifies as a “controversial racial and political symbol[ ].” Castorina, 246 F.3d at 542. … of establishing the need for a preliminary injunction.

Michigan Bell Telephone Compan v. Laura Chappelle

Court of Appeals for the Sixth Circuit · Feb 23, 2010

So, let us begin by restating it, as clearly and succinctly as we can, and then proceed to what it means. Based on our plain reading, we find the most plausible “translation” to be: 136. … The answer is clear: to describe and differentiate two types of facilities for which it had not yet established names.

Daniel v. Ohio Cas. Ins. Co.

935 F.2d 269 · Court of Appeals for the Sixth Circuit · Jun 4, 1991

Kentucky's highest court has spoken clearly on this matter. In Allen v. … Under Kentucky law, plaintiffs were entitled to no additional, qualifying information.

United States v. Gezim Selgjekaj

678 F. App'x 379 · Court of Appeals for the Sixth Circuit · Feb 7, 2017

Selgjekaj clearly erroneous facts, or failing to adequately explain the chosen sentence.” Gall, 552 U.S. at 51. 1. … First, by failing to charge the tellers or grant them immunity, the Government led the tellers to assert their Fifth Amendment Privilege at trial, which prevented Defendant from extracting exculpatory testimony from the

Hendrey v. United States

233 F. 5 · Court of Appeals for the Sixth Circuit · Apr 4, 1916

Clearly, such evidence must be considered only as against the one respondent directly affected. … That there was also established the Night and Day Bank of Kansas City, Missouri, with C. A.

David Crawford v. Douglas Pritchard

33 F.3d 54 · Court of Appeals for the Sixth Circuit · Aug 11, 1994

33 F.3d 54 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished … Claims that lack an arguable basis in law include claims for which the defendant is clearly entitled to immunity and claims of infringement of a legal interest which clearly does not exist.

Polyweave Packaging, Inc. v. Peter Buttigieg

51 F.4th 675 · Court of Appeals for the Sixth Circuit · Oct 20, 2022

Polyweave’s claim here clearly differs from the claims in Mokdad because Polyweave is not challenging the action of a separate agency. … To establish a case or controversy, Polyweave needed to prove its standing.

Nicholas Kaliardos v. Secretary of Health and Human Services

872 F.2d 1026 · Court of Appeals for the Sixth Circuit · Feb 27, 1989

872 F.2d 1026 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 … ---, 107 S.Ct. 2287 , 2294 n. 5 (1987) (claimant bears burden of showing that he is not engaged in substantial gainful activity); Mullins, 836 F.2d at 983 n. 5 (if a claimant is presently working he is automatically not qualified

Dickson v. Countrywide Home Loans

655 F.3d 585 · Court of Appeals for the Sixth Circuit · Aug 26, 2011

Corp., 959 S.W.2d 785, 788 (Ky.Ct.App.1998) (noting that the filing of a Us pendens does not create a lien against property or establish priority among creditors). … Moreover, lay persons, such as Dickson, are not qualified to make legal conclusions. Fed. R.Evid. 701(c); Mitroff v. Xomox Corp., 797 F.2d 271, 276-77 (6th Cir.1986). .

Elgabi v. Toledo Area Regional Transit Authority

228 F. App'x 537 · Court of Appeals for the Sixth Circuit · Apr 10, 2007

Under McDonnell Douglas, a plaintiff who cannot present direct evidence can establish a prima facie case of discrimination where he can show (1) that he was a member of a protected class; (2) that he was qualified for the … In focusing on their position post-termination, these three employees were clearly not similarly situated.

Mcqueary v. Mercer County

432 F.3d 624 · Court of Appeals for the Sixth Circuit · Dec 20, 2005

That influence is clearly seen in the Declaration of Independence, which declared that "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable … Having done so, we conclude that they do not have a religious purpose. 8 By citing to case law for support on this matter, we do not intend to endorse the idea that the judiciary is better qualified than our coordinate branches

Tennessee Republican Party v. Securities & Exchange Commission

863 F.3d 507 · Court of Appeals for the Sixth Circuit · Jul 13, 2017

Although Leatherwood and Weingartner never clearly refer to the 2016 Amendments, there is one occasion in which Pipkin appears to refer to the 2016 Amendments. … However, this reference fails to establish standing for different reasons.

Khalid Naim Akrawi v. Merrick B. Garland

Court of Appeals for the Sixth Circuit · Mar 1, 2023

And the Board held that this credibility finding was not clearly erroneous. A.R. 8. 15 No. 21-4071, Akrawi v. Garland We agree. … The Board instead correctly recognized that Akrawi must establish only a “threat of torture” that is “particularized” to him. A.R. 8 (quoting Almuhtaseb v.

Cramer v. City of Detriot

267 F. App'x 425 · Court of Appeals for the Sixth Circuit · Feb 28, 2008

Plaintiff filed suit in Wayne County Circuit Court, against Ronald Vitale, Yorkshire Food Market, City of Detroit, and the City of Detroit Board of Zoning Appeals, alleging the following: Count I, “Gross Negligence Governmental Immunity … A district court abuses its discretion when it relies on clearly erroneous findings of fact, uses an erroneous legal standard, or improperly applies the law. Id.

Moreno v. Consolidated Rail Corporation

63 F.3d 1404 · Court of Appeals for the Sixth Circuit · Aug 29, 1995

established. … It is well-established that punitive damages awards serve not only to punish, but also to deter. Smith v.

United States v. Cody Ballinger

Court of Appeals for the Sixth Circuit · Sep 23, 2025

United States, 602 U.S. 821 (2024), the district court made the determination from the PSR that Ballinger qualified as an Armed Career Criminal under the ACCA and imposed a mandatory minimum sentence of 180 months’ imprisonment … In Durham, the “time and space” separating two burglaries “clearly establishe[d] the offenses occurred on different occasions.” 2025 WL 2355998, at *4.

Mark Messing v. Provident Life and Accident Ins. Co.

Court of Appeals for the Sixth Circuit · Sep 9, 2022

“Clearly no one is paying attention to the Bill of Rights here,” said Messing of the arrest scenario, “. . . … “To determine . . . the nature of the remed[y] sought, we turn to standard treatises on equity, which establish the ‘basic contours’ of what equitable relief was typically available . . .” Montanile, 577 U.S. at 142.

Karam v. Sagemark Consulting

Court of Appeals for the Sixth Circuit · Sep 10, 2004

The report stated that, under a form that qualifies for the unlimited “marital deduction” Karam’s “current situation,” no federal estate tax would be under federal law. … underlying facts under the clearly erroneous standard of “District courts should grant judgment as a matter of law only review, and make a de novo determination of whether those if a complete absence of

Grindstaff v. Green

133 F.3d 416 · Court of Appeals for the Sixth Circuit · Jan 8, 1998

An ESOP is an ERISA plan that invests primarily in “qualifying employer securities,” which typically are shares of stock in the employer that created the plan. See 29 U.S.C. § 1107 (d)(6)(A). … Van Otterloo requires some allegation in the complaint implicating an abuse or breach of fiduciary duties other than establishing or maintaining a corporate structure clearly envisioned and authorized by Congress.

Marku v. Ashcroft

Court of Appeals for the Sixth Circuit · Aug 20, 2004

To establish refugee 1986). … true that in these cases, the court found persecution on although largely irrelevant in a mixed motive case, evidence account of political opinion because of the petitioners’ of a nonpolitical motivation is clearly