Case law

United States v. Robert Wallace

Court of Appeals for the Sixth Circuit · Apr 11, 2022

This establishes proper venue for the cocaine conspiracy in the Eastern District. … Ultimately, none of Wallace’s procedural arguments establishes plain error. B.

United States v. Marion Earl Hupp

89 F.3d 836 · Court of Appeals for the Sixth Circuit · Jun 10, 1996

Detective About Drug Practices in the Community. 19 (C) Admission of Testimony of the Postal Inspector Regarding Drug Package Profiling Methods. 20 Based upon investigative experience, an agent or police officer may be qualified … Based upon his experience as a detective, he was qualified to testify about the "modus operandi," or the usual drugs sold illegally in his county. 23 Inspector Russell H.

United States v. Jaime Pina, Jr.

Court of Appeals for the Sixth Circuit · Aug 14, 2018

The attorney did not secure an immunity agreement for that testimony. … The district court ordered Angel to testify and granted him immunity for his statements. But Angel still refused.

David Pittington v. Great Smoky Mountain Lumberjack Feud

880 F.3d 791 · Court of Appeals for the Sixth Circuit · Jan 24, 2018

“An abuse of discretion occurs if the district court relies on clearly erroneous findings of fact, applies the wrong legal standard, misapplies the correct legal standard when reaching a conclusion, or makes a clear error … Though the plaintiff bears the initial burden of “establish[ing] a prima facie case and presenting] evidence on the issue of damages,” the defendant bears the subsequent burden of " “establishing] the amount of interim earnings

New York Life Ins. v. Board of Com'rs

106 F. 123 · Court of Appeals for the Sixth Circuit · Jan 8, 1901

who delivered the opinion of the court admitted the power of the legislature, notwithstanding the restrictions of the constitution, to enact laws for the purpose of fulfilling moral obligations; and the admission is not qualified … But they do decide that, if the facts upon which the legislature has acted are denied, the court may inquire whether they did in truth exist, and if it clearly appears that the purpose of the act was a private one, and so

David Payne v. Benteler Auto. Corp.

Court of Appeals for the Sixth Circuit · May 25, 2022

“If two reasonable decisionmakers could consider the candidates’ qualifications and arrive at opposite conclusions as to who is more qualified, then clearly one candidate’s qualifications are not significantly better than … Despite these disparities, we “[found] that while Plaintiff may not have been a ‘plainly superior candidate’ . . . , Plaintiff was as qualified if not more qualified than Lucas.” Id.

Harris v. METRO. GOV'T NASHVILLE & DAVIDSON CO. TN

594 F.3d 476 · Court of Appeals for the Sixth Circuit · Feb 5, 2010

Although defendant argues that the coaching supplement was not part of plaintiffs “pay,” it clearly was part of his compensation. … employment action, (3) he was otherwise qualified for the position, and (4) he was rejected and someone outside the protected class was selected.

Coal Resources, Inc. v. Gulf & Western Industries, Inc.

865 F.2d 761 · Court of Appeals for the Sixth Circuit · May 31, 1989

Because plaintiff was using the Stagg report, it did not need an expert witness to establish the coal estimates. … Defendant needed an expert to qualify and explain what the report meant when it talked of proven and probable coal seams.

Marais v. JPMorgan Chase Bank, N.A.

676 F. App'x 509 · Court of Appeals for the Sixth Circuit · Jan 20, 2017

JPMorgan Chase Bank But to establish a violation of RESPA, Plaintiff would have to prove that Defendant failed to respond properly to her QWR under 12 U.S.C. § 2605(e). … Policy considerations aside, the law of this circuit clearly establishes that foreclosure claims cannot be compulsory counterclaims under Fed. R. Civ. P. 13(a) in RESPA actions.

United States v. German Castro-Martinez

624 F. App'x 357 · Court of Appeals for the Sixth Circuit · Aug 19, 2015

Thus, Defendant’s state court conviction qualified as a crime of violence and the 16- level enhancement applied. … App’x 418, 420, 423-24 (6th Cir. 2015) (upon remand, holding that undisputed facts in the probable cause affidavit established that the defendant’s prior state conviction for aggravated assault qualified as a “violent felony

Turner v. Heckler

783 F.2d 657 · Court of Appeals for the Sixth Circuit · Feb 14, 1986

In addition, states that chose to offer assistance to the "medically needy--persons lacking the ability to pay for medical treatment, but with incomes too high to qualify for categorical assistance"--received partial federal … We agree. 25 The record before us clearly indicates that prior to the issuance of the injunctive order by the district court on November 28, 1983, the Secretary proffered evidence to the court indicating that it had corrected

Calloway v. Caraco Pharmaceutical Laboratories, Ltd.

800 F.3d 244 · Court of Appeals for the Sixth Circuit · Aug 26, 2015

The District Court’s Factual Findings Were Not Clearly Erroneous Finally, Caraco argues that several of the district court’s factual findings were clearly erroneous, including: (1) that Movens repeatedly refused to … Accordingly, the district court’s factual findings were not clearly erroneous. III.

Bock Ex Rel. Bock v. University of Tennessee Medical Group, Inc.

471 F. App'x 459 · Court of Appeals for the Sixth Circuit · Mar 26, 2012

This appeal presents the question of whether plaintiff’s expert witness was competent and qualified to testify. … Due to his “complete lack of experience with the two procedures in question,” the district court found that he was “clearly not competent to testify regarding whether it was appropriate to perform chemo-embolization and

Womack v. Gettelfinger

808 F.2d 446 · Court of Appeals for the Sixth Circuit · Dec 29, 1986

Ritter was qualified, and that he had lied when he certified Mr. Ritter as qualified. There is also a conflict in the evidence as to whether the men were given written open-book examinations before being hired. … In cases governed by federal law, collateral estoppel may clearly be invoked in situations such as that presented here. Blonder-Tongue Laboratories, Inc. v.

Hollis Malin, Jr. v. JP Morgan Chase Bank, NA

558 F. App'x 641 · Court of Appeals for the Sixth Circuit · Mar 21, 2014

Accordingly, the district court properly analyzed whether the Malins’ purported expert was qualified to opine on this issue under the criteria outlined in Daubert v. … As the district court’s findings were not clearly erroneous, the district court did not abuse its discretion in deciding not to admit this witness as an expert on the only relevant issue, the authenticity of the mortgage

United States v. Kappell

Court of Appeals for the Sixth Circuit · Aug 9, 2005

Under Owens, however, that is not enough to establish a Confrontation Clause violation. This Court followed Owens in Bugh v. Mitchell, 329 F.3d 496 (6th Cir. 2003). … Under these circumstances, the district court correctly ruled that the government failed to establish that the California prior conviction qualified as predicate offense for purposes of § 2241(c). Id.

James Young v. Parke-Davis & Company

884 F.2d 581 · Court of Appeals for the Sixth Circuit · Aug 24, 1989

Uncontroverted evidence establishes that after announcement of the elimination of Young's job, Parke-Davis never failed to employ Young in a position for which Young was qualified and for which he applied. 17 While the district … The court in Toussaint recognized that normally, non-contract employees are terminable at will, and an exception to this rule exists only where an employer's oral or written communications clearly evidence an agreement to

United States v. Billy Leasure

331 F. App'x 370 · Court of Appeals for the Sixth Circuit · Jun 3, 2009

Procedural error includes “failing to calculate (or improperly calculating) the Guidelines range, treating the Guidelines as mandatory, failing to consider the [18 U.S.C.] § 3553(a) factors, selecting a sentence based on clearly … It is well-established that district courts can make findings of fact by a preponderance of the evidence for sentencing purposes. See United States v. Ferguson, 456 F.3d 660, 665 (6th Cir. 2006).

Girl Scouts of Middle Tennessee, Inc. v. Girl Scouts of the U.S.A.

770 F.3d 414 · Court of Appeals for the Sixth Circuit · Oct 23, 2014

Upon withdrawal, the Plan provides that employers may form a spin-off retirement plan by transferring the assets and liabilities attributable to that employer’s employees to another tax-qualified pension plan, with the express … be rewriting the civil enforcement mechanisms of 29 U.S.C. §§ 1132, 1370, 1451, to include “employer in a multiple-employer plan” as a party with standing to enforce the provisions of ERISA; second, ERISA policies that clearly

Carla Theiss v. Walgreen Company

632 F. App'x 829 · Court of Appeals for the Sixth Circuit · Dec 7, 2015

On November 18, 2010, Walgreens informed Theiss that she did not qualify for the requested leave since she had not yet met the work-hour requirements of the FMLA. … Walgreen Company termination was directly in line with a clearly established company policy.