Case law

United States v. John Farris

Court of Appeals for the Sixth Circuit · Sep 8, 2026

When it comes to drug-trafficking offenses, those who knowingly assist in drug distribution, such as drivers and couriers, qualify as participants. United States v. … These actions constitute knowing, active assistance sufficient to establish participant status. See, e.g., Plunk, 415 F.

United States v. Bailey

Court of Appeals for the Sixth Circuit · Dec 13, 2007

Moreover, the government disagrees with Bailey’s contention that Officer Mears’s testimony was “clearly impeached.” … In doing so, we qualified this statement by describing the scenarios in which possession could qualify as use in furtherance of the crime: “In order for the possession to be in furtherance of a drug crime, the firearm must

Ross Calvin Austin v. State of Tennessee Department of Corrections Walter Kurtz, Judge

891 F.2d 289 · Court of Appeals for the Sixth Circuit · Dec 11, 1989

Claims which lack an arguable basis in law include claims of infringement of a legal interest which clearly does not exist. 109 S.Ct. at 1833 . … Claims are frivolous where it is clear from the face of the complaint that defendants are entitled to immunity.

United States v. David Katrenick

528 F. App'x 510 · Court of Appeals for the Sixth Circuit · Jun 11, 2013

did for purposes of criminal history, there was a suggestion that, in fact, he would qualify, and he’s under the belief as he pleads today he may qualify, but certainly that’s something we will ask the Court … On the other hand, to his benefit, he establishes his own business, maintains sobriety for several years. Again, many good letters from family and friends who know him. Id. 29 (Page ID #324).

In Re S.S.S. Of Kentucky, Inc., Debtor. Michael J. Clare, Trustee v. S.S.S. Of Kentucky, Inc. And Whel, Inc.

848 F.2d 194 · Court of Appeals for the Sixth Circuit · May 25, 1988

848 F.2d 194 Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service … By contrast, the trustee presented a well-documented appraisal, dated March 1, 1985, from a qualified appraiser who valued the real estate at $28,000 based on continued use as a transmitter station being its highest and best

Lance Coal Corporation/Golden Oak Mining v. Phillip Caudill

636 F. App'x 355 · Court of Appeals for the Sixth Circuit · Mar 22, 2016

A claimant may show total disability through (1) PFTs with qualifying values, (2) arterial blood gas tests with qualifying values, (3) medical evidence that the miner is suffering from cor pulmonale with right-sided congestive … The ALJ concluded that Caudill could not establish total disability through the PFTs because they either yielded non-qualifying values or were found to be invalid by one of the examining physicians.

Chrysler Corp. v. Commissioner

436 F.3d 644 · Court of Appeals for the Sixth Circuit · Feb 8, 2006

its subsidiaries and affiliates make at least $587.5 million in wage and benefit concessions and that Chrysler set up an employee stock ownership plan meeting the requirements of both sections 401(a) (qualified … As the company sees it, the origin of the claim in this case cannot be divorced from the clearly compensatory contribution of shares by Chrysler as required by the LGA to offset wage concessions made by its employees.

Elbert Phillip Long v. Emmitt L. Sparkman Helen Howard-Hughes Parole Board of the State of Kentucky Chris Gorman, Kentucky Attorney General

81 F.3d 160 · Court of Appeals for the Sixth Circuit · Mar 20, 1996

81 F.3d 160 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.

Ian Davis v. Margaret Bradshaw

900 F.3d 315 · Court of Appeals for the Sixth Circuit · Aug 16, 2018

After Lenworth Edwards’[s] trial commenced, Avery told Detective Taliano that he would not testify at the trial unless he was given “immunity” and another $10,000. … But Davis’s petition does not qualify for tolling because his state-court motion was not properly filed.

Albert DiBrito v. City of St. Joseph

675 F. App'x 593 · Court of Appeals for the Sixth Circuit · Jan 13, 2017

After the incident, DiBrito met with Clapp to 1 Because we do not find a constitutional violation, we need not discuss qualified immunity or municipality liability under Monell v. … To accomplish this goal, “the Supreme Court has established a three-part test for evaluating whether a public employee’s speech is constitutionally protected.” Handy-Clay, 695 F.3d at 540.

Mona Evans v. Unumprovident Corporation

434 F.3d 866 · Court of Appeals for the Sixth Circuit · Jan 20, 2006

Abou-Khalil’s comment regarding stress as a precipitant was clearly “prophylactic” and without documentation to support it. Dr. … Moreover, although we have found “nothing inherently objectionable about a file review by a qualified physician in the context of a benefits determination,” Calvert v.

Traughber v. Beauchane

760 F.2d 673 · Court of Appeals for the Sixth Circuit · Apr 22, 1985

They rely on various doctrines of immunity and an asserted failure of any action "under color of" state law. … Hernandez, 431 U.S. 434 , 97 S.Ct. 1911 , 52 L.Ed.2d 486 (1977), reinforces Lynch and Fuentes and also establishes that an extraordinary state appeal in the circumstances here does not alternatively supply an adequate state

Siding and Insulation Co. v. Alco Vending, Inc.

822 F.3d 886 · Court of Appeals for the Sixth Circuit · May 9, 2016

In the present case, a retroactive application of the definition of “sender” in § 64.1200(f)(10) would clearly “increase[] a party’s liability for past conduct.” … The court in that case considered who qualifies as a “sender” of an unauthorized fax and concluded that “agency rules are properly applied to determine whether an action is done ‘on behalf’ of a principal.” Id. at 938.

Lawrence Glazer v. Chase Home Finance, LLC

704 F.3d 453 · Court of Appeals for the Sixth Circuit · Jan 14, 2013

RACJ prepared an assignment of the note and mortgage on behalf of JP Morgan that purported to “sell, convey and transfer all rights and interests in the Klie promissory note and the mortgage . . . to Chase” in order to establish … The case is remanded for further proceedings consistent with this opinion. 7 We decline to reach RACJ’s alternative grounds for affirmance because the issues are not clearly presented in the briefs

Marthalene Evans v. County of Summit and Tim Davis

9 F.3d 107 · Court of Appeals for the Sixth Circuit · Aug 31, 1993

Green, 411 U.S. 792 (1973), scheme for analyzing a gender discrimination claim 1 and held that although Evans had established a prima facie case, defendants clearly had articulated a legitimate nondiscriminatory hiring basis … First, she argues that the court reached conflicting conclusions as to Carano's qualifications, resulting in a clearly erroneous decision.

American Civil Liberties Union v. Mercer County

432 F.3d 624 · Court of Appeals for the Sixth Circuit · Dec 20, 2005

That influence is clearly seen in the Declaration of Independence, which declared that “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator … Having done so, we conclude that they do not have a religious purpose. 8 By citing to case law for support on this matter, we do not intend to endorse the idea that the judiciary is better qualified than

United States v. Gallagher

57 F. App'x 622 · Court of Appeals for the Sixth Circuit · Jan 24, 2003

It restricts the requirement of completeness, however, by the qualification that the portion sought to be admitted be relevant to the issue, and only those parts which qualify or explain the subject matter of the portion … Thomas, 211 F.3d 316 (6th Cir.2000)(Clay,J., concurring), Gallagher has challenged the ACCA as unconstitutionally vague, urging this reviewing court to conclude that it does not clearly delineate how different the criminal

Denman v. Davey Tree Expert Co.

266 F. App'x 377 · Court of Appeals for the Sixth Circuit · Dec 27, 2007

Under the ADA, “qualified individuals with a disability” are protected from discrimination based on their disability. 42 U.S.C. § 12112(a). … As this court has explained: The statute clearly permits medical examinations, but only in certain limited circumstances.

Louisville & Nashville Railroad v. Farmer

220 F.2d 90 · Court of Appeals for the Sixth Circuit · Mar 2, 1955

This proposition seems well established by the following Tennessee authorities: Gaines v. Tennessee Cent. R. Co., 175 Tenn. 389, 393 , 135 S.W.2d 441 ; Tennessee Cent. Railroad Co. v. … The trial judge was clearly right in denying appellant’s motion for a directed verdict in respect of its alleged violation of the city ordinance.

Jesse D. Evans v. Secretary of Health and Human Services

793 F.2d 1291 · Court of Appeals for the Sixth Circuit · May 22, 1986

It is undisputed that in order to qualify for DIB, Evans must show he was disabled prior to December 31, 1977, when his insured status expired. Evans claims that since Dr. … Moore concluded he was disabled in 1975 and later said his condition was 'worse' in 1978, this establishes his disability.