Case law

Walker v. Ohio Department of Rehabilitation & Correction

241 F. App'x 261 · Court of Appeals for the Sixth Circuit · Jul 11, 2007

. § 1981 is barred by the State’s Eleventh Amendment immunity. See Hafford v. Seidner, 183 F.3d 506, 512 (6th Cir. 1999) (“§ 1981 claims against ODRC are barred by the Eleventh Amendment”); Johnson v. … As plaintiff has failed to adduce any direct evidence of race discrimination, he attempts, under these governing standards, to establish the essential elements of his prima facie case by circumstantial evidence: (1) that

Michael R. Kirkpatrick v. Michael A. Rumer, Judge Robert M. Light, Judge Richard E. Cheney, Referee Daniel S. Cade, Asst. Cty. Pros.

876 F.2d 104 · Court of Appeals for the Sixth Circuit · Jun 12, 1989

As such, they are absolutely immune from liability from damages under Sec. 1983. See Westfall v. Erwin, 108 S.Ct. 580, 584 (1988); Imbler v. … This matter is clearly a domestic relations case which involves an on-going proceeding, Kirkpatrick's wage attachment.

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848 F.2d 194 Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service … By contrast, the trustee presented a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

United States v. Kelvin Crumpton

824 F.3d 593 · Court of Appeals for the Sixth Circuit · Jun 2, 2016

Instead, “the affiant need only specify that the confidential informant has given accurate information in the past to qualify as reliable.” United States v. Greene, 250 F.3d 471, 480 (6th Cir. 2001). … Even if the district court had clearly erred, Crumpton has pointed to no basis for finding that he was prejudiced by this error.

in re:Lewis Williams v.

Court of Appeals for the Sixth Circuit · Feb 26, 2004

. __, 2004 WL 40382 (Jan. 8, 2004), state submits an affidavit from an extremely well-qualified the court vacated the stay granted by the Fourth Circuit. … The majority, however, clearly disagreed.

Bellsouth Telecommunications, Inc. v. Southeast Telephone, Inc. And Public Service Commission of Kentucky

462 F.3d 650 · Court of Appeals for the Sixth Circuit · Aug 28, 2006

USI Film Products, 511 U.S. 244 , 114 S.Ct. 1483 , 114 S.Ct. 1483 (1994) (establishing a three-step analysis for determining whether an intervening change in the law can be properly applied to a pending case). … We believe that the proper answer is clearly “no,” because Southeast cannot invoke a provision that has not yet been declared part of the contract between the parties.

Blazy v. Jefferson County Regional Planning Commission

438 F. App'x 408 · Court of Appeals for the Sixth Circuit · Aug 19, 2011

the defendants moved for judgment on the pleadings on the grounds that Blazy did not have a property interest in his continued employment and thus was not deprived of procedural due process; that Fabian was entitled to qualified … immunity; and that Blazy was not entitled to reinstatement because “Blazy was an at-will employee who received proper notice of non- renewal.”

United States v. Oliver Higgins

Court of Appeals for the Sixth Circuit · Feb 26, 2009

You clearly have those two prior felony convictions, and you were convicted in this case of more than 50 grams of cocaine base. … If any form of cocaine base qualifies for the enhanced penalties under the statute, then subsection (iii) swallows subsection (ii).”). No. 08-5114 United States v.

United States v. Jemison

310 F. App'x 866 · Court of Appeals for the Sixth Circuit · Feb 18, 2009

Thus, Pride’s background information qualified her as an expert witness permitted to give the opinion testimony she provided. … The government clearly established that the ammunition at issue was manufactured outside of Ohio, and thus, the elements necessary for a Section 922(g)(1) conviction were satisfied.

Denver Robertson v. John Morgan, Warden

227 F.3d 589 · Court of Appeals for the Sixth Circuit · Oct 4, 2000

Robertson argues that in other cases where no double jeopardy was found, the elements of the crime were more distinct, or else there, was a separation in time between the offenses charged so that they were clearly different … The Due Diligence Exception Even if the facts of this prosecution would otherwise establish double jeopardy, the state argues, and the lower courts agreed, that it is saved by the due diligence exception.

Ishan Al-Koorwi v. William P. Barr

Court of Appeals for the Sixth Circuit · Nov 17, 2020

Issue six asks whether “the BIA committed a legal error in failing to qualify [the same witnesses] as experts.” [Id. at 3.] … Barr the BIA cited it to state that a petitioner must establish each link in a hypothetical chain of events leading to torture as more likely than not to occur—and the IJ didn’t clearly err in holding that Al- Koorwi

Bailey's, Inc. v. Windsor America, Inc. And Windsor MacHine Company, Ltd.

948 F.2d 1018 · Court of Appeals for the Sixth Circuit · Dec 19, 1991

Hodges’ letter asserted, among other things, that Windsor was “attempting to establish a professional distributor and dealer system in order to advance our reputation in the industry, establish a service and repair network … Windsor was clearly not a participant in any “group boycott” of the sort condemned in Klor’s.

Ormet Corporation v. H. John Rogers, and All Other Persons Aiding, Abetting, Conspiring or Confederating With Him Whose Names Are Unknown to The

811 F.2d 607 · Court of Appeals for the Sixth Circuit · Dec 23, 1986

811 F.2d 607 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 … A remand order based on Sec. 1447 grounds is immune from review even if it is clearly erroneous on its face. Gravitt v. Southwestern Bell Telephone Co., 430 U.S. 723 (1977); State Farm Mutual Automobile Insurance Co. v.

Delisle v. Brimfield Township Police Department

94 F. App'x 247 · Court of Appeals for the Sixth Circuit · Mar 8, 2004

There, however, the plaintiff asserted a “continuing violations” defense in order to qualify some of the allegedly discriminatory acts about which plaintiff complained, which did not take place within the 300 day time period … Id. at 109 (reiterating that the Court should “strict[ly] adhere[] to the procedural requirements specified by the legislature ...” and noting that “ ‘[b]y choosing what are obviously short deadlines, Congress clearly intended

John B. v. Dave Goetz

Court of Appeals for the Sixth Circuit · Dec 16, 2010

(a)(4)(B) of this title, of the availability of early and periodic screening, diagnostic, and treatment services as described in section 1396d(r) of this title and the need for age-appropriate immunizations … The first factor may well favor reassignment, given that the district court appears to have held its misconceptions about the record for some time, but the second factor quite clearly supports reassignment.

United States v. Tate

Court of Appeals for the Sixth Circuit · Feb 15, 2008

He was assigned a base offense level of 20 because he had a prior felony conviction that qualified under the Sentencing Guidelines as a crime of violence. Two points were added because the firearm was stolen. … See Cousins, 469 F.3d at 580 (explaining that the failure to provide notice under Rule 32(h) constituted an obvious error, but nevertheless required the defendant to establish the error had “an effect on his substantial rights

United States v. Burke

Court of Appeals for the Sixth Circuit · Oct 1, 2003

It was clearly related to name. Id. … Koeberlein, was convicted for stealing a rented front-end loader. 161 reaffirmed something that we had established prior to Horry, and that we F.3d at 948.

Janet L. Clark v. Louis W. Sullivan, M.D., Secretary of Health and Human Services

977 F.2d 580 · Court of Appeals for the Sixth Circuit · Oct 19, 1992

The medical evidence establishes that there has been improvement in the claimant's medical impairment(s) since May 7, 1976." 22 The ALJ clearly considered Mrs. … Clark's psychiatric interview is clearly supported by substantial evidence. 25 Mrs.

Manning Coal Corp. v. Wright

257 F. App'x 836 · Court of Appeals for the Sixth Circuit · Jul 20, 2007

Williams’s medical opinion is insufficiently reasoned because (1) despite non-qualifying PFTs and ABG studies, Dr. … Williams “did interpret [Wright’s] non-qualifying test results as demonstrating pulmonary impairment.”

United States v. Snowden

218 F. App'x 443 · Court of Appeals for the Sixth Circuit · Feb 26, 2007

Even in the most generous interpretation, Snowden still qualifies as a career offender. … These examples address scenarios that would otherwise qualify as “related,” but nevertheless are so serious that an upward departure is appropriate.