Case law

Amadou Ly v. Eric Holder, Jr.

396 F. App'x 304 · Court of Appeals for the Sixth Circuit · Sep 16, 2010

The BIA dismissed Ly’s appeal, concluding that the IJ did not clearly err in its finding that Ly lacked credibility and that Ly did not meet his burden to establish that he had been persecuted by the Mauritanian military … Therefore, if an applicant fails to establish that he is a “refugee” eligible for asylum, he necessarily fails to qualify for withholding of removal. Id.

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.

Howard v. McLemore

173 F. App'x 441 · Court of Appeals for the Sixth Circuit · Mar 28, 2006

Nevertheless, an explicit statement by the Supreme Court is unnecessary; rather, “the legal principles and standards flowing from [Supreme Court] precedent” also qualify as “clearly established law.” Ruimveld v. … McLemore Page 4 However, we cannot conclude that the state court’s factual findings were clearly erroneous or that the Michigan courts unreasonably applied clearly established law.

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

A. Philip Randolph Inst. v. Jon Husted

907 F.3d 913 · Court of Appeals for the Sixth Circuit · Oct 31, 2018

This fact, combined with the language in Ohio’s confirmation notices being clearly in tension with the statute make this argument less persuasive. … Plaintiffs aptly quote this Court’s statement that where “the only harm that [a non- movant] assert[s] is an administrative burden that [he] admit[s] to be manageable” and there is also the “possibility that qualified voters

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.

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

Carol Stallings v. Georgia-Pacific Corp.

675 F. App'x 548 · Court of Appeals for the Sixth Circuit · Jan 10, 2017

Because this court’s precedents clearly foreclose the theory of causation on which Stallings relies against Georgia-Pacific, and the Kentucky Supreme Court has not clearly indicated that it would rule otherwise, the district … As to the claims against Georgia-Pacific, the court found that Stallings had failed to establish that the company’s products were a substantial factor in bringing about Mr.

United States v. Anderson

353 F.3d 490 · Court of Appeals for the Sixth Circuit · Dec 23, 2003

As the government points out, however, it was not necessary to prove defendants requested a refund in order to establish that the sight drafts were presented with intent to defraud. … To qualify for this adjustment, the defendant must have exerted control over at least one other participant in a supervisory, managerial, leadership, or organizational capacity. United States v.

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

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).

United States v. Burns Stephen Stanley

791 F.2d 936 · Court of Appeals for the Sixth Circuit · Apr 2, 1986

We find Davis distinguishable because the affiant there clearly demonstrated that he knew that he was misrepresenting the facts, but assumed the inaccuracy to be unimportant. … of their immunity agreements.

Teen Ranch v. Udow

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

(3) The department shall ensure that faith-based organizations are able to apply and compete for services, programs, or contracts that they are qualified and suitable to fulfill. … The district court’s opinion was sound, as it clearly articulated and provided the reasoning for rejecting Teen Ranch’s constitutional claims.

Coopersville Co-operative Creamery Co. v. Lemon

163 F. 145 · Court of Appeals for the Sixth Circuit · May 25, 1908

The power of Congress to tax all butter, or only certain qualities of butter, is not *151 disputable, and is only qualified by the requirement of geographical uniformity. … If the fact is not in some way established, the butter is not taxable.

Brundage v. Deardorf

92 F. 214 · Court of Appeals for the Sixth Circuit · Mar 7, 1899

They merely grant, limit, or qualify powers. Mc-Culloch v. Maryland, 4 Wheat:. 405. … The law knows no heresy, and is committed to the support of no dogma, the establishment of no sect.

MacDonald v. United Parcel Service

430 F. App'x 453 · Court of Appeals for the Sixth Circuit · Jul 14, 2011

In order to establish a prima facie case of age discrimination, a plaintiff must show that he “was (1) a member of a protected class, (2) subject to an adverse employment action, (3) qualified for the position, and that … B On appeal, UPS does not dispute that MacDonald has established the first three elements of a prima facie case of age discrimination: he is a member of a protected class, he was fired from his job, and he was qualified

Sourushe Zandvakili v. Univ. of Cincinnati

Court of Appeals for the Sixth Circuit · Jan 25, 2024

proving he was as qualified. … The testimony clearly referenced some entity Sox ran at the University of Alabama.

United States v. Eddie Barber

361 F. App'x 671 · Court of Appeals for the Sixth Circuit · Jan 13, 2010

But “[t]he term ‘sentencing range’ clearly contemplates the end result of the overall guideline calculus, not the series of tentative results reached at various interim steps in the performance of that calculus.” … And since Barber needed to establish a change to that final product, rather than to one of the input factors, to authorize resentencing under § 3582(c)(2), the district court correctly held that it lacked jurisdiction.

United States v. Anderson

353 F.3d 490 · Court of Appeals for the Sixth Circuit · Dec 23, 2003

Anderson and Sagorski claim that that can be established with reasonable certainty. … To qualify government, rather than government officials, the district for this adjustment, the defendant must have exerted control court did not clearly err in finding that the targets

Stone v. William Beaumont Hospital

782 F.2d 609 · Court of Appeals for the Sixth Circuit · Jan 30, 1986

Clearly, the exclusion of Dr. … invasive technique 2 As explained by defendants, "full-time geographic" is a term used to describe a physician's ability to devote the majority of his time to one hospital in order to provide an around-the-clock team of qualified