Case law

Juana Hernandez v. Eric Holder, Jr.

457 F. App'x 487 · Court of Appeals for the Sixth Circuit · Jan 25, 2012

The BIA concluded that Hernandez had not established that her 2002 TPS application was filed late as the result of the ineffective assistance of counsel. … In setting an initial registration deadline of September 9, 2002, the Attorney General clearly expressed -7- Hernandez v.

Samuel Kiriazis v. Vincent Polito

410 F. App'x 958 · Court of Appeals for the Sixth Circuit · Feb 15, 2011

Kiriazis argues that he is entitled to habeas relief because the state appellate court unreasonably applied clearly established federal law when it concluded that there was sufficient evidence that he operated a brothel … Kiriazis first challenges as an unreasonable application of clearly established federal law the state court’s determination that there was sufficient evidence to support his convictions.

Michael E. Williams Flora Lynn McMiller Keith Arnett Harris Almesha Spinkston Gerrol Gerard Townsend (97-2049) Alan Dale Bryan Thomas (98-1256) v. Ford Motor Company

187 F.3d 533 · Court of Appeals for the Sixth Circuit · Aug 9, 1999

plaintiffs did not qualify as class members, two having never taken the test at all and one having scored a "medium." … Plaintiffs further state that other less qualified applicants, and/or others who applied after them but were white, were hired.

Human Engineering Institute v. Commissioner of Internal Revenue, Joseph S. Kopas and Mary E. Kopas v. Commissioner of Internal Revenue

629 F.2d 1160 · Court of Appeals for the Sixth Circuit · Aug 6, 1980

The findings of the Tax Court were by no means clearly erroneous. See Commissioner v. Duberstein, 363 U.S. 278 , 80 S.Ct. 1190 , 4 L.Ed.2d 1218 (1960); Biggs v. Commissioner, supra. … The Court expects the parties to stipulate evidence to the fullest extent to which complete or qualified agreement can be reached including all material facts that are not or fairly should not be in dispute. (2) In preparation

Memphis Consolidated Gas & Electric Co. v. Letson

135 F. 969 · Court of Appeals for the Sixth Circuit · Feb 8, 1905

W. 967 , to review elaborately its many decisions, for the purpose of ascertaining and stating clearly and concisely what the law now-is. … Portions which, detached from the context, might seem to be misleading, are qualified or corrected by what succeeds.

Cleveland-Cliffs Iron Co. v. Interstate Commerce Commission

664 F.2d 568 · Court of Appeals for the Sixth Circuit · Nov 20, 1981

Contrary to the petitioners’ claims, contract rates were never clearly illegal per se. Since H. P. Hood & Sons v. … In determining whether an agency statement qualified as a policy statement or as a binding rule, the courts generally have employed two criteria: First, courts have said that, unless a pronouncement acts prospectively, it

Jeffery Lichtenstein v. Tre Hargett

83 F.4th 575 · Court of Appeals for the Sixth Circuit · Oct 5, 2023

This act qualifies as conduct, not speech. Admittedly, the First Amendment provides some protection to “expressive conduct.” … Similarly, the Court determined that a restriction on boycotts, asserted to be an economic protection measure, unconstitutionally interfered with the NAACP’s associational rights because the organization’s boycott “clearly

Robert L. Mason v. Will Tom Wathen

956 F.2d 1164 · Court of Appeals for the Sixth Circuit · Mar 12, 1992

956 F.2d 1164 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 … as those in which the defendants are immune from suit. 7 Upon review, it is clear that Mason's complaint should be dismissed pursuant to § 1915(d).

Gibbs v. Norman

61 F.3d 903 · Court of Appeals for the Sixth Circuit · Jul 11, 1995

The court, however, did not address Gibbs' complaint regarding removal of the steel plate. 8 Defendants filed a motion to dismiss, or, in the alternative, for summary judgment based upon Eleventh Amendment immunity and failure … complaint to address only the facts relevant to the removal of the steel plate and the liposuction, and to strike the psychologist's report attached to the defendants' motion. 10 The magistrate judge held that the record clearly

Chao v. Hall Holding Co.

285 F.3d 415 · Court of Appeals for the Sixth Circuit · Apr 3, 2002

Clearly, the duties charged to an ERISA fiduciary are “the highest known to the law.” … These facts clearly demonstrate that defendants engaged in a prohibited transaction.

Ray Sales v. Reginald Wilkinson

85 F.3d 629 · Court of Appeals for the Sixth Circuit · May 16, 1996

85 F.3d 629 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 or rational 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; claims that lack

United States v. Donald Woods

323 F. App'x 437 · Court of Appeals for the Sixth Circuit · Apr 23, 2009

Likewise, Woods’ claim that the proof established his justification defense as a matter of law is unconvincing. … Applying that same standard to the district court’s denial of the adjustment for acceptance of responsibility, given the factual support for the court’s ruling, Woods has not established that the district court clearly

Human Engineering Institute v. Abbott

611 F.2d 372 · Court of Appeals for the Sixth Circuit · Nov 16, 1979

611 F.2d 372 80-1 USTC P 9273 Unpublished Disposition 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 … It is the conclusion of this Court that that uncontested account of the defendants' actions in their official capacities clearly shows that they are protected from liability in a 28 U.S.C.

Gustafson v. City Of Lake Angelus

76 F.3d 778 · Court of Appeals for the Sixth Circuit · Apr 3, 1996

Clearly, the FAA defers to local zoning ordinances, since this regulation requires the establishment of an airport in compliance with a municipality's land use plan. … The district court is reversed on this issue. 9 III. 69 On cross-appeal, plaintiff alleges that as a riparian property owner and airman qualified to safely operate seaplanes, the ordinances at issue have deprived him of due

Lilly Investments v. City of Rochester

674 F. App'x 523 · Court of Appeals for the Sixth Circuit · Jan 5, 2017

We accept the facts as found by the district court because none are clearly erroneous. Whether those facts establish a ripe claim is the issue for this court to decide. … Rochester argues that recognizing an exception here would be a “radical departure” from long-established precedent.

United States v. Antwaun Demetrius Allen

93 F.4th 350 · Court of Appeals for the Sixth Circuit · Feb 14, 2024

Putting aside the propriety of raising an entirely new argument in response to the Bostic question, Allen’s response to the Bostic question did not clearly indicate he was raising a separate argument about government provocation … Likewise, this record does not show that “[Allen]’s sentencing was marked by ‘significant procedural error’” qualifying as “a plain error.” Simmons, 587 F.3d at 363 (quoting Gall v.

United States v. Jeremy Lee Chavis

296 F.3d 450 · Court of Appeals for the Sixth Circuit · Jul 22, 2002

Trial testimony established that Chavis and Langbein jointly approached Chmie-lewski about purchasing the handguns and traveled to the gun store on two occasions together with Chmielewski. … Because the joint trial of the two offenses was improper, therefore, Chavis was not obliged to accept responsibility for both offenses in order to qualify for the adjustment.

United States v. Neeley

308 F. App'x 870 · Court of Appeals for the Sixth Circuit · Jan 23, 2009

Hughes was clearly qualified to offer opinion testimony regarding the price and quality of marijuana grown in Mexico, common methods used by drug traffickers to transport marijuana to northern destinations and to send cash … Thus, for Neeley to establish that the prosecution violated Brady, he must establish that the prosecutor (1) suppressed evidence (2) that was favorable to his defense, and (3) that the suppressed evidence was material.

United States v. Timothy Miller

434 F.3d 820 · Court of Appeals for the Sixth Circuit · Jan 11, 2006

The § 851 notice established that the defendant had pleaded guilty to possession of amphetamine in a Georgia state court in 1986 and was sentenced to two years probation under the state's first offender statute. … [but] is clearly not meant to provide them with a technical legal advantage if, not having learned a lesson, they continue their criminal conduct." 747 F.Supp. at 376 .

Bank One of Cleveland, N.A. v. Abbe

916 F.2d 1067 · Court of Appeals for the Sixth Circuit · Oct 17, 1990

See Fed.R.Civ.P. 37(b)(2)(C). 4 “It is well-established ... that district court dismissal orders under this rule are reviewable only for abuse of discretion.” Regional Refuse Sys. v. … In their disqualification motion, defendants alleged that Roetzel & Andress was *1082 not qualified to represent the banks by virtue of the fact that Roger J.