Case law

Bankr. L. Rep. P 74,202, 15 Ucc rep.serv.2d 369 in Re Bluegrass Ford-Mercury, Inc., Debtor, 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 only figure Farmers offered to establish leasehold value was the price Morris paid Webber. As Bluegrass points out in its brief, however, the contract price included all of Bluegrass' property. … We find that Farmers was properly found immune from a preference attack pursuant to section 547(c)(3) by the bankruptcy court for payments Bluegrass made to acquire new inventory after October 8, 1981.

United States v. Westerfield

284 F. App'x 315 · Court of Appeals for the Sixth Circuit · Jul 21, 2008

Westerfield next argues that the district court should have granted his motion for a new trial based upon the government’s alleged failure to establish a chain of custody for the crack cocaine. … The court then addressed the government’s second argument, concluding that Westerfield’s prior escape conviction also qualified as a predicate offense.

Barbara Gibb v. Jack Kemp, Secretary of the United States Department of Housing and Urban Development

999 F.2d 539 · Court of Appeals for the Sixth Circuit · Jul 15, 1993

A plaintiff can establish a prima facie case by showing that (1) she was a member of a protected class; (2) she was not selected for the position at issue; (3) she was qualified for the position; (4) a person outside the … Fiscal Court of Adair County, 825 F.2d 111 (6th Cir.1987). 7 Once the plaintiff has established a presumption of discrimination, the defendant must rebut the presumption by articulating, clearly and with reasonable specificity

Luis Ruiz v. Gerald Hofbauer

325 F. App'x 427 · Court of Appeals for the Sixth Circuit · May 20, 2009

Kerner, 404 U.S. 519, 520 (1972), and accept plaintiff’s allegations as true, unless they are clearly irrational or wholly incredible. Denton v. … Likewise, in his appellate brief, Ruiz states: Plaintiff has established that the Marquette Prosecutors Gary Walker and Derek Swanjanen committed professional misconduct by withholding the edited video

Quigley v. Wilson

925 F.2d 1465 · Court of Appeals for the Sixth Circuit · Feb 11, 1991

925 F.2d 1465 Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service … Quigley's transfer clearly fell within the applicable policies and procedures as the record clearly shows that the ground for Quigley's transfer not only involved his own safety but also implicated prison security concerns

United States of America, Plaintiff-Appellant(98-6609/6633)/cross-Appellee v. John David White

270 F.3d 356 · Court of Appeals for the Sixth Circuit · Oct 29, 2001

. § 1001 , 3 but also said that she might qualify for pretrial diversion as an alternative to prosecution. … Although our case law appears to require more than the mere expenditure of funds to establish jurisdiction pursuant to § 1001, see United States v.

Intl Brotherhood v. United Parcel Ser

Court of Appeals for the Sixth Circuit · Apr 26, 2006

Even if UPS had failed to “treat with” Tulipana in this safety committee position, the district court held that “the dispute . . . qualified as ‘minor’ under the Railway Labor Act [and] was committed to the exclusive jurisdiction … In a letter dated April 2, 2003, UPS’s Labor Manager, Bob Ragar, explained to the President of Local 2727, Joe Darmento, that “Article 20, Section 4 [(b), (c) and (d)] of the CBA clearly refers to [the] individuals being

United States v. Stamps

251 F. App'x 324 · Court of Appeals for the Sixth Circuit · Oct 15, 2007

However, Stamps’s current and prior convictions 11 clearly qualify him for a sentencing adjustment as a career offender. … . § 2113(a) qualifies as a crime of violence.

United States v. Terry Branham

460 F. App'x 538 · Court of Appeals for the Sixth Circuit · Feb 23, 2012

Alternatively, Appellants argue – based on the same three facts listed above – that they have adequately established that it was “clearly improbable” that the weapons were connected to the offense. … To qualify for the safety-valve reduction, the defendant must satisfy each of the following five requirements: (1) the defendant does not have more than 1 criminal history point, as determined under the

United States v. Hopson

134 F. App'x 781 · Court of Appeals for the Sixth Circuit · May 20, 2004

United States, 182 F.3d 458, 465 (6th Cir.1999) (upholding conviction as the Government established that the defendant “knew his co-conspirators were armed” and “acted with intent to assist or influence the commission of … The guidelines also note that this adjustment “does not apply to a defendant who merely suggests committing the offense” and that, “[t]o qualify for an adjustment under this section, the defendant must have been the organizer

Rodney Palatka v. Savage Arms, Inc.

535 F. App'x 448 · Court of Appeals for the Sixth Circuit · Aug 9, 2013

They argue that the district court’s ultimate decision to grant summary judgment was in error because this evidence, had it been admitted, established genuine issues of material fact. … Radcliffe is qualified to offer expert opinions in this case.

United States v. Douglas Rodgers

4 F.3d 995 · Court of Appeals for the Sixth Circuit · Aug 30, 1993

Finally, corroborating circumstances must clearly establish the trustworthiness of the statement. 15 United States v. Noel, 938 F.2d 685, 688 (6th Cir.1991) (quoting United States v. … This lack of memory qualifies him as an unavailable witness under rule 804(a)(3). 17 It is undisputed that the statement subjects Green to potential criminal liability, and is therefore against his interests.

Artan Prifti v. Michael Mukasey

307 F. App'x 900 · Court of Appeals for the Sixth Circuit · Jan 21, 2009

Hence, the IJ correctly made an adverse credibility determination and determined Prifti did not establish past persecution which would qualify him for asylum. B. … Well-Founded Fear of Future Persecution Even if an applicant cannot establish past persecution, he may nevertheless qualify for asylum based on his well-founded fear of future persecution. Abay v.

United States v. Elmer Melesio

532 F. App'x 596 · Court of Appeals for the Sixth Circuit · May 31, 2013

At sentencing, following the recommendation of the PSR and concluding that Melesio qualified as a “leader or organizer” under U.S. … “To qualify for an adjustment under this section, the defendant must have been the organizer, leader, manager, or supervisor of one or more other participants.”

Andrew Connor v. United States Civil Service Commission

721 F.2d 1054 · Court of Appeals for the Sixth Circuit · Nov 28, 1983

The record also establishes he was notified about the inadequacies, but nevertheless failed to upgrade his submitted materials to a satisfactory level. … Connor's situation is clearly distinguishable from each of these decisions.

Polkow v. CSX Trans

Court of Appeals for the Sixth Circuit · Nov 18, 2005

Black has a remedy available to him in federal court if he establishes his right to relief. … Merely invoking the Federal Rules of Civil Procedure is not sufficient grounds to establish federal question jurisdiction. See Fed. R. Civ.

Gricelda Morales-Morales v. Merrick B. Garland

Court of Appeals for the Sixth Circuit · Dec 14, 2022

To show that she qualified as a “refugee” based on Lopez-Reynoso’s private violence, Morales-Morales needed to prove at least two other things. … In my view, the Board’s failure to clearly identify its rationale necessitates a remand. We generally review the agency findings underlying the denial of asylum using a deferential substantial-evidence test.

Rose Wojcik, an Individual Richard Wojcik, Trustee for the Rose Wojcik Living Trust and Edgar, Inc., D/B/A Fanny's, a Michigan Corporation v. The City of Romulus, a Michigan Municipal Corporation Phillip Arthurhultz Maxine Perry and Betty Pulliam, the Michigan Liquor Control Commission, an Agency of the State of Michigan

257 F.3d 600 · Court of Appeals for the Sixth Circuit · Jul 18, 2001

1983, a plaintiff must show that the defendant (1) acted "under color of any statute, ordinance, regulation, custom, or usage, of any state" and (2) that this action deprived the plaintiffs of "any rights, privileges, or immunities … The record contains a copy of the Council's August 7, 1995 resolution, which clearly states that it approved the request to transfer the liquor license with a dance permit, but denied the transfer of the entertainment permit

Sidney Coal Co Inc v. Social Sec Admin

Court of Appeals for the Sixth Circuit · Oct 19, 2005

See 30 U.S.C. § 932(h); 20 C.F.R. § 725 (establishing “responsible operator” criteria). 7 See Pittston Co. v. … Accepting the SSA’s argument would undermine Congress’s clearly stated intent. 12 The SSA asserts that the Supreme Court’s ruling in Smith v.

Keenan v. McQueen

70 F.3d 1272 · Court of Appeals for the Sixth Circuit · Nov 22, 1995

The magistrate judge recommended that defendants Bergh and Place be granted summary judgment on the ground of qualified immunity, and that defendant McQueen be granted summary judgment, but only as to Keenan's due process … The moving party bears the initial burden of establishing an absence of evidence to support the nonmoving party's case. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986).