Case law

Horton v. United States Department of Agriculture

559 F. App'x 527 · Court of Appeals for the Sixth Circuit · May 19, 2014

Here, the statutory language very clearly extends these penalties to all violators of requirements in the Chapter. … Petitioner clearly qualifies as a dealer as that term is defined under the AWA.

Speight v. Massachusetts Mut. Life Ins.

115 F. App'x 789 · Court of Appeals for the Sixth Circuit · Oct 13, 2004

Bernet’s deposition to establish that Speight’s return to work was not limited by his mental condition. Dr. Bernet testified to the same effect at trial. … In that case, Speight could qualify as residually disabled if he could only work four- fifths or three-quarters of the hours that he used to work.

NicSand, Inc. v. 3M Company

Court of Appeals for the Sixth Circuit · Oct 17, 2007

NicSand’s complaint establishes a right to relief above the speculative level. … While NicSand may have once been the dominant competitor, that former status can neither legalize 3M’s anticompetitive business practices nor make 3M immune from antitrust suit.

Jose Filadelfo Iraheta v. Eric Holder, Jr.

503 F. App'x 362 · Court of Appeals for the Sixth Circuit · Oct 30, 2012

In his Notice of Appeal, Iraheta challenged the IJ’s finding that he failed to establish the requisite hardship to his son to qualify for cancellation of removal. Id. at 55. … The INA clearly states that “no court shall have jurisdiction to review any judgment regarding the granting of relief under section . . . 1229b,” the provision regarding cancellation of removal. 8 U.S.C. § 1252(a)(2)(B)

United States v. Alexa Logan

Court of Appeals for the Sixth Circuit · May 5, 2025

The Sentencing Commission then created a new guideline that reduced the offense level for qualifying defendants who have no criminal history points. … Defendants must establish two things to obtain a reduced sentence under § 3582(c)(2). See Davis-Malone, 128 F.4th at 832 (citing Dillon v. United States, 560 U.S. 817, 826 (2010)).

United States v. Donte Love

364 F. App'x 955 · Court of Appeals for the Sixth Circuit · Feb 10, 2010

Love also argues that his firearm was not sufficiently altered or obliterated so as to qualify for the § 2K2.1(b)(4)(B) enhancement. … However, we have not determined whether “the use or threatened use of physical interference or force” also does not qualify as a crime of violence.

Owner Operator Independent Drivers Ass'n v. Comerica Bank

636 F.3d 781 · Court of Appeals for the Sixth Circuit · Mar 3, 2011

If the invoice qualified as an “Eligible Account,” as defined in the loan documents, Arctic would include the invoice on its next Borrowing Base Certificate and present it to Comerica. … Under the terms of the loan, Arctic submitted to Comerica a list of customer invoices that qualified as “eligible accounts,” as defined by the loan documents.

Hussain v. Highgate Hotels, Inc.

126 F. App'x 256 · Court of Appeals for the Sixth Circuit · Mar 18, 2005

This Court held that the supervisor was “clearly . . . … One cannot establish a prima facie case of discrimination, however, “merely by providing evidence that a qualified minority candidate was rejected in favor of a qualified nonminority candidate.”

Bruce B. Wesselman v. Helen Howard-Hughes

83 F.3d 423 · Court of Appeals for the Sixth Circuit · Apr 22, 1996

83 F.3d 423 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 defendants are clearly entitled to immunity and claims of infringement of a legal interest which clearly do not exist; claims that lack an arguable or

Coleman v. American Red Cross

23 F.3d 1091 · Court of Appeals for the Sixth Circuit · Jun 24, 1994

That blood apparently contained the Human Immunodeficiency Virus (HIV), the virus that causes Acquired Immune Deficiency Syndrome (AIDS). Mrs. … As the Seventh Circuit opined in Marrocco, whose facts parallel the facts here, "wilful and unexcused violations of the protective order here certainly qualify as 'contumacious conduct.' " 966 F.2d at 224 .

Dyck v. McReynolds

927 F.2d 603 · Court of Appeals for the Sixth Circuit · Mar 7, 1991

Second, both proceedings clearly are "judicial in nature." … Third, the regulation of the practice of dentistry and insurance are clearly important state interests.

Sequoyah v. Tennessee Valley Authority

620 F.2d 1159 · Court of Appeals for the Sixth Circuit · Apr 15, 1980

No argument was made that further proof was required to establish the required quality of the claims. … At the time the complaint and various affidavits were filed, the centrality standard had not been clearly articulated.

Griffith v. Commissioner of Social Security

582 F. App'x 555 · Court of Appeals for the Sixth Circuit · Aug 7, 2014

A five-step sequential evaluation is used to determine if a claimant has established a disability under 20 C.F.R. § 416.920.2 While the claimant bears 2 Our case law clearly sets outs the five-step evaluation process … Additionally, Griffith has not offered an alternative to section 12.05(c), under which she would qualify as mentally impaired.

Geevarghese v. Cahill

983 F.2d 1066 · Court of Appeals for the Sixth Circuit · Dec 8, 1992

Green, 411 U.S. 792 (1973), a plaintiff initially bears the burden of establishing a prima facie case of employment discrimination. … Both men clearly had a difference of opinion concerning staff priorities, evaluations, and Dr. Geevarghese's abilities.

Arkamel Ray Sales v. R.C. Marshall, Warden, John Horn, Nursing Supt., Nancy Shaw, Nurse, Roger MacAlister Nurse, William Hunter v. Huey Blair, State of Ohio/socf, Intervenor-Appellant

873 F.2d 115 · Court of Appeals for the Sixth Circuit · Apr 21, 1989

The statute clearly provides for awarding "costs at the conclusion of the suit or action as in other cases." 28 U.S.C. Sec. 1915 (e). … established that determination of timeliness of an application to intervene is within the trial court's discretion.

Yibing Dong Huizong Lin, as Next Friends on Behalf of Their Daughter, Lisa Dong v. Board of Education of the Rochester Community Schools Angelynn Martin

197 F.3d 793 · Court of Appeals for the Sixth Circuit · Dec 17, 1999

in the area of autism treatments, and they were fully qualified to determine if a group or one-on-one setting would be best." 7 Ms. … Lovaas and read articles about it, but was not qualified to implement or modify a Lovaas program.

United States v. David A. Crabtree

840 F.2d 18 · Court of Appeals for the Sixth Circuit · Feb 29, 1988

Did anybody ever mention to you immunity from us? 23 A [Crabtree]. Yes, MIKE--[reference to Mike Strauss--a fellow inmate with defendant]. 24 Q. Immunity, DAVID, immunity? 25 A. Immunity, yes, immunity. … These findings are not clearly erroneous, and they defeat Crabtree's claim of equitable immunity. III 51 Before pleading guilty, Mr.

Haus v. Bechtel Jacobs Co

Court of Appeals for the Sixth Circuit · Jun 21, 2007

Under the established law, we may not simply interject our own view or preference in place of the plan administrator’s. See Henry Ford Health Sys. v. … On the other hand, Bechtel, relying on established law, clearly anticipated that the plan administrator’s decision would be upheld unless it was found to be arbitrary or capricious, and that a court of law would proceed on

Edward A. Slavin, Jr. v. City of Oak Ridge, Tennessee Howard F. Lee Alan R. Massengill Scott E. Ball and J.W. Dunn

810 F.2d 203 · Court of Appeals for the Sixth Circuit · Nov 4, 1986

Indeed, it took lab analysis to even confirm that the pipe contained marijuana residue. 37 Third, assuming that the evidence was offered on the issue of the police officers' qualified immunity, their state of mind is no longer … Qualified immunity is now determined on the basis of the "objective reasonableness" of the officers' conduct. Id. at 818 . See also Malley v.

Topllari v. Gonzales

161 F. App'x 566 · Court of Appeals for the Sixth Circuit · Jan 10, 2006

An applicant for asylum bears the burden of establishing that he qualifies as a refugee by “producing evidence that he has suffered past persecution or has a well-founded fear of future persecution.” … (No. 04-3565) -4- When an IJ determines, on the basis of an adverse credibility determination, that an applicant has failed to establish that he qualifies as a refugee, “the finding