Case law

United States v. Reesor

10 F. App'x 297 · Court of Appeals for the Sixth Circuit · May 7, 2001

The defendant bears the burden of showing that a new trial ought to be granted, and must establish that: (1) the new evidence was discovered after the trial; (2) the evidence could not have been discovered earlier with due … The finding of the district court that Reesor was not a minimal participant is not clearly erroneous.

Dragon v. Commissioner of Social Security

470 F. App'x 454 · Court of Appeals for the Sixth Circuit · Mar 26, 2012

The same records indicate that Dragon had a “mild articulation delay” and that “Rosanna qualifie[d] for a program for developmentally handicapped and for speech therapy.” … Furthermore, Dragon has clearly put forth the effort to find work; she attempted and failed to work as a dishwasher at Old Country Buffet.

Air Pollution Control District v. United States Environmental Protection Agency

739 F.2d 1071 · Court of Appeals for the Sixth Circuit · Jul 10, 1984

Clearly the EPA failed t observe the time requirement of the Act. … We do not read this decision as establishing a “minimal impact” standard.

Nemir v. Mitsubishi Motors

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

The testimony of Horton, establishing C. … That most of the combinations exclusion was nonetheless clearly erroneous.

Anacelia Perez-Roblero v. Eric Holder, Jr.

431 F. App'x 461 · Court of Appeals for the Sixth Circuit · Jul 15, 2011

The IJ also concluded that Perez- Roblero’s providing clearly false testimony under oath demonstrated her “complete lack of veracity,” which made her unable to establish the required “good moral character” and demonstrated … Second, due to her “clearly false testimony,” Perez-Roblero was not “entitled to a favorable exercise of discretion.” A.

Tobin v. Astra Pharmaceutical Products, Inc.

993 F.2d 528 · Court of Appeals for the Sixth Circuit · Apr 16, 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.

Richard Baker, Jr. And Charlene S. Baker v. Goldblatt

955 F.2d 402 · Court of Appeals for the Sixth Circuit · Jan 30, 1992

The language of § 2317.45(B)(2)(b) clearly supports this interpretation. . … At that time, Baker qualified for unemployment benefits of $582 every two weeks. The unemployment benefits would last for 26 weeks, or until June 1991.

Academy of Allergy & Asthma v. Amerigroup Tennessee, Inc.

Court of Appeals for the Sixth Circuit · Jan 13, 2026

Likewise, here, United Allergy’s alleged injury was clearly foreseeable. … Under AEDPA, we will not disturb a state court’s ruling unless it is “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States,” even

First National Bank v. Curry

301 F.3d 456 · Court of Appeals for the Sixth Circuit · Aug 21, 2002

See Jonathan Remy Nash, Pendent Party Jurisdiction Under the Foreign Sovereign Immunities Act, 16 B.U. Int’l L.J. 71, 107 & n. 184 (1998) (summarizing cases). … The test for determining the existence of a separate and independent claim or cause of action under § 1441(c) was established by the Supreme Court in American Fire & Casualty Co. v.

Russell Maze v. Jerry Lester

564 F. App'x 172 · Court of Appeals for the Sixth Circuit · Apr 24, 2014

established -7- No. 11-6141, Maze v. … Lester “A state-court decision is contrary to clearly established federal law if the state court applies a rule that contradicts the governing law set forth in [the Supreme Court’s] cases or if the state court

Galenski v. Ford Motor Co. Pension Plan

290 F. App'x 815 · Court of Appeals for the Sixth Circuit · Aug 21, 2008

The key to this case was overlooked by the district court: the Ford pension plan clearly provides that the No. 07-1914 Galenski v. … The plain language of the Guidelines, therefore, establishes that Marilyn is only entitled to the pre-retirement surviving spouse benefits, regardless of what the Qualified Domestic Relations Order says.

Rhodney Reck v. State of Ohio

978 F.2d 1259 · Court of Appeals for the Sixth Circuit · Oct 26, 1992

978 F.2d 1259 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 … 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 does not exist.

ECIMOS, LLC v. Carrier Corp.

Court of Appeals for the Sixth Circuit · Aug 21, 2020

Moreover, it seems quite apparent that the database-script source code that contained the results table qualifies as a protectable copyright. … Section 504(b) states clearly that, “[i]n establishing the infringer’s profits, the copyright owner is required to present proof only of the infringer’s gross revenue, and the infringer is required to prove his or her deductible

Epstein v. United States

174 F.2d 754 · Court of Appeals for the Sixth Circuit · Apr 11, 1949

His profit at the expense of the corporation was clearly proved. In United States v. … An opinion, and expressions in an opinion, are qualified by the particular facts of the case in which they are used. W-R Co. v. Sova, 6 Cir., 106 F.2d 478 .

Wuebker v. CIR

Court of Appeals for the Sixth Circuit · Mar 3, 2000

The CRP was established pursuant to the Food Security ________________ Act of 1985, Pub. L. … “Rentals from real estate” is not defined by the of fact unless they are clearly erroneous and we review its statute and, therefore, the phrase must be interpreted “in legal conclusions de novo. See Kluener v.

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

Gooch v. Life Investors Insurance Co. of America

672 F.3d 402 · Court of Appeals for the Sixth Circuit · Feb 10, 2012

This standard is clearly wrong. A “limited factual inquiry” assuming plaintiffs allegations to be true does not constitute the required “rigorous analysis” we have repeatedly emphasized. … We nevertheless adhere to the well-established principle that a preliminary injunction makes a prediction about the merits ruling and is not itself a merits ruling.

Beky Izamar Mazariegos-Rodas v. Merrick B. Garland

117 F.4th 860 · Court of Appeals for the Sixth Circuit · Sep 20, 2024

The IJ clearly expressed her disapproval of Elodia’s conduct in abandoning Beky and Engly in Guatemala, and she also found Elodia’s testimony to be untruthful. … Gonzales, 408 F.3d 1239, 1247 (9th Cir. 2005) (“[T]he harm a child fears or has suffered . . . may be relatively less than that of an adult and still qualify as persecution.” (citation omitted)); Kholyavskiy v.

Bluegrass Ford-Mercury, Inc. v. Farmers National Bank of Cynthiana

942 F.2d 381 · Court of Appeals for the Sixth Circuit · Aug 20, 1991

The bankruptcy court’s findings of fact with regard to Bluegrass’ assets and liabilities during the preference period can be reversed only if clearly erroneous. … The only figure Farmers offered to establish leasehold value was the price Morris paid Web-ber. As Bluegrass points out in its brief, however, the contract price included all of Bluegrass’ property.

United States v. Kevin Dye

538 F. App'x 654 · Court of Appeals for the Sixth Circuit · Sep 3, 2013

This record does not establish an abuse of discretion. … be established through circumstantial evidence.