Case law

United States v. Jacob Stamper

12 F.3d 215 · Court of Appeals for the Sixth Circuit · Dec 6, 1993

12 F.3d 215 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished … The findings made by the district court in this connection are not clearly erroneous, in our view. 20 Although Mr.

Kewanee Oil Company v. Bicron Corporation

478 F.2d 1074 · Court of Appeals for the Sixth Circuit · May 10, 1973

The District Court found that Kewanee had failed to establish that the remaining 20 processes, procedures and manufacturing techniques were in fact trade secrets. … It thus appears to be well established that the policy of the patent law is to secure protection to the inventor in exchange for the disclosure of the invention at the expiration of the patent.

Beuke v. Houk

Court of Appeals for the Sixth Circuit · Aug 13, 2008

At that time, however, the clearly established precedent in the Ohio First District Court of Appeals mandated that “a claim of ineffective assistance of counsel . . . may not be entertained by a trial judge when considering … In summary, the clearly established rule in the Ohio First District Court of Appeals — adopted long before Beuke concluded his direct appeal — demanded that Beuke present his ineffective-assistance claim in a motion for reconsideration

Guzowski v. Hartman

969 F.2d 211 · Court of Appeals for the Sixth Circuit · Aug 12, 1992

A division within a corporate structure pursues the common interests of the whole rather than interests separate from those of the corporation itself; a business enterprise establishes divisions to further its own interests … Judge Churchill dismissed the count after deciding that the state's pervasive regulation of the racetracks imbued the individual defendants with antitrust immunity under the state action doctrine.

United States v. Keith

Court of Appeals for the Sixth Circuit · Mar 18, 2009

They were not surveilling Big Daddy’s in particular, but the officers could see the store clearly. … immunity.

Midland-Ross Corporation, Transferee of Surface Combustion Corporation v. United States

485 F.2d 110 · Court of Appeals for the Sixth Circuit · Sep 27, 1973

After determining that the uncompleted, long-term contracts at issue *114 were neither inventory nor property held by the corporation primarily for sale to customers in the ordinary course of its trade or business so as to qualify … The decisions in Kueheiiberg, Family Record Plan, Inc., and Williamson , cited in the text, rested upon the Commissioner’s authority under 26 U.S.C. § 446 (b) to impose upon a taxpayer a method of accounting which clearly

Roberta E. Anderson, Communications Workers of America v. At&t Corporation

147 F.3d 467 · Court of Appeals for the Sixth Circuit · Jul 10, 1998

While this dispute is one of first impression not only in this circuit, but apparently in any federal appeals court, nonetheless three legal propositions that bear heavily on the outcome are well established. … Clearly, the union may choose to forego such benefits in future negotiations in favor of more immediate compensation.

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

Nationwide Mutual v. Home Insurance Co.

Court of Appeals for the Sixth Circuit · Nov 29, 2005

its analysis. 748 F.2d at 83 (“[T]o disqualify any arbitrator who had professional dealings with one of the parties (to say nothing of a social acquaintanceship) would make it impossible, in some circumstances, to find a qualified … Tex. 2004), for the proposition that the mere fact of nondisclosure establishes an appearance of bias and, hence, evident partiality.

In re: Alexander Sittenfeld

49 F.4th 1061 · Court of Appeals for the Sixth Circuit · Sep 23, 2022

If such a search were truly required upon any post hoc claim of juror misconduct, any and all “[j]urors would be harassed and beset by the defeated party in an effort to secure from them evidence of facts which might establish … Nor could the Remmer hearing be converted to a civil action against the juror, given that jurors have absolute immunity from civil suit.

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

Geier v. Sundquist

372 F.3d 784 · Court of Appeals for the Sixth Circuit · Jun 18, 2004

The Settlement also established a monitoring committee and provided for the resolution of disputes among the parties. … Alexander, 801 F.2d 799 (1986), challenging only that part of the Settlement that established a pre-professional program pursuant to which seventy-five qualified African-American sophomores would be selected each year and

Morrison v. City of Detroit

140 F.2d 625 · Court of Appeals for the Sixth Circuit · Jan 31, 1944

This contention, the court rejected, stating that one may not escape the consequences of his own negligence on such a claim or theory in a case where all the physical facts conclusively establish that by proceeding into the … This may be conceded to be a close case; but the closer the question, the nearer the issue approaches the point where it can be said that reasonable minds may differ as to whether a party is clearly guilty of negligence;

Paul v. Mukasey

276 F. App'x 428 · Court of Appeals for the Sixth Circuit · May 2, 2008

Because this burden is higher than the burden required to demonstrate asylum eligibility, “an alien who fails to qualify for asylum necessarily does not qualify for withholding of removal.” Singh v. … Because Paul was unable to meet her burden of establishing her eligibility for asylum, she necessarily does not qualify for withholding of removal. B.

Abdulrahman Alakhfash v. Eric Holder, Jr.

606 F. App'x 291 · Court of Appeals for the Sixth Circuit · Apr 10, 2015

Discretionary grant of asylum The BIA may still exercise its discretion to deny an applicant asylum even if the applicant establishes that she or she qualifies as a refugee. Gilaj, 408 F.3d at 288. … reason it found Alakhfash did not have a well-founded fear is that Alakhfash could obtain protection from former President Saleh’s allies and family who still retained power in Yemen, a finding that is by no means still clearly

Regional Airport Authority of Louisville and Jefferson County v. Lfg, LLC Navistar International Transportation Corporation

460 F.3d 697 · Court of Appeals for the Sixth Circuit · Aug 17, 2006

Clearly, the EIS states that expanding the airport would require remediation at various locations, including the Site. … “Courts sitting in chancery cannot disregard statutory law, so that where the rights of the parties are clearly defined and their situation is established by the law, the maxim that equity follows the law must be applied

United States v. Antonio Clark

458 F. App'x 512 · Court of Appeals for the Sixth Circuit · Feb 2, 2012

criminal law that may be violated in a way that amounts to a crime of violence, and a way that does not, we may look beyond the elements of the crime, to the indictment, guilty plea, and similar documents to see if they establish … The offense includes a substantial danger of death or serious physical injury to another, which is clearly the type of serious, physical risk envisioned by the drafters of the ACCA.

United States v. Mustafa Deville Reynolds

86 F.4th 332 · Court of Appeals for the Sixth Circuit · Nov 9, 2023

And the rule prohibiting irrelevant evidence qualifies as one of those “familiar” rules of evidence that are “unquestionably constitutional[.]” Montana v. … He did it with no promise of immunity, no promise of leniency, just the hope that he would be given some consideration. He has under oath, admitted to committing a crime that resulted in somebody’s death.

Uritsky v. Gonzales

Court of Appeals for the Sixth Circuit · Mar 7, 2005

We therefore agree with the DHS that the grant of youthful trainee status in the respondent’s case qualifies as a conviction under section 101(a)(48)(A) of the Act. … As a result, aliens who have clearly been guilty of criminal behavior and whom Congress intended to be considered “convicted” have escaped the immigration consequences normally attendant upon a conviction

Vickers v. Fairfield Medical

Court of Appeals for the Sixth Circuit · Jul 19, 2006

Page 8 parts clearly linked to his sexuality”). Based on the foregoing precedent, Vickers has failed to plead a hostile work environment claim. III. … But as homosexuality is not a qualifying classification for relief under Title VII, neither is it disqualifying. That point has been made clear by this court’s precedents. In Smith v.