Case law

United States v. Richard Scott McLernon Kido Yaqui, Sherri Louise Farrell, Miguel Angel Carranza, and Marco Antonio Valdez-Cota

746 F.2d 1098 · Court of Appeals for the Sixth Circuit · Dec 20, 1984

This failure was particularly prejudicial to Yaqui, they contend, because he clearly terminated his role in the cocaine transaction before its completion. … Hodge, 539 F.2d 898 (6th Cir.), cert. denied, 429 U.S. 1091 , 97 S.Ct. 1100 , 51 L.Ed.2d 536 (1976), we stated clearly that: Entrapment is established as a matter of law if the undisputed evidence demonstrates that government

United States v. Wassim Mazloum

695 F.3d 457 · Court of Appeals for the Sixth Circuit · Aug 23, 2012

Later, Mazloum clearly stated his interest in IED training. The record has more than enough evidence *477 to show Mazloum’s understanding of the purpose of the training. 4. … El-Hindi also asserts that Kohlmann was permitted to translate documents from Arabic, even though he was not established to be fluent in Arabic.

United States v. Eric Kimbrough

376 F. App'x 592 · Court of Appeals for the Sixth Circuit · May 12, 2010

Finally, Kimbrough never offered an alternative explanation for the firearm, and thus failed to meet his burden of establishing that any connection between the weapon and narcotics was clearly improbable. … Kimbrough contested at sentencing whether the drugs qualified as “crack” for purposes of calculating the applicable Guidelines range.

United States v. Joseph Krul

774 F.3d 371 · Court of Appeals for the Sixth Circuit · Dec 18, 2014

The Supreme Court construed this statement as “indicat[ing] that Tapia should serve a prison term long enough to qualify for and complete that program.” See id. … “[T]he burden of establishing entitlement to relief for plain error is on the defendant claiming it,” United States v.

National Labor Relations Board v. Wooster Division of Borg-Warner Corp.

236 F.2d 898 · Court of Appeals for the Sixth Circuit · Sep 12, 1956

The qualified no-strike proposal of the Company should not be classified differently. Allis-Chalmers Mfg. Co. v. N. L. R. B., supra. In our opinion, the strike ballot proposal was within the area. … Although there is no specific provision to that effect, we believe it is clearly implied that the designated bargaining agent is the party with whom the contract is to be made unless it voluntarily relinquishes such right

Richard Truzzi v. Shell Oil Company

857 F.2d 1475 · Court of Appeals for the Sixth Circuit · Sep 14, 1988

In denying Dabrowski's claim, we stated: 22 It does not necessarily follow, however, that the "most qualified candidate" has a cause of action for breach of contract if he or she does not happen to be selected. … rationale far beyond the limits to which it has thus far been confined by the Michigan courts, and would permit recovery with only the most ephemeral showing of consideration or detrimental reliance--an element much more clearly

Terry Morrison v. Hilda R. Gage

787 F.2d 592 · Court of Appeals for the Sixth Circuit · Mar 10, 1986

787 F.2d 592 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 … This seems clearly to be proscribed by the judicial immunity doctrine set forth in Stump v.

Law Office of John H Eggertsen v. Comm'r of Internal Revenue

800 F.3d 758 · Court of Appeals for the Sixth Circuit · Sep 8, 2015

It established an ESOP, a type of retirement plan that primarily owns securities of the sponsoring employer. … The case law does not so clearly delineate between the two, and in fact judicial estoppel has been applied in numerous instances where a party reversed itself on an issue of law. See, e.g., Karaha Bodas Co. v.

Philip Donald Hill v. University of Kentucky, Emery A. Wilson, M.D., and Richard W. Schwartz, M.D.

978 F.2d 1258 · Court of Appeals for the Sixth Circuit · Nov 4, 1992

The evidence clearly establishes that Mr. Hill received adequate procedural due process throughout the appeal of his failing surgical clerkship grade and resultant dismissal. … V. 28 Finally, since we affirm the District Court's grant of summary judgment for the defendants, we find it unnecessary to address the sovereign and qualified immunity issues. 29 For the aforementioned reasons, we AFFIRM

Sharon Blaska v. Ismael Fuentes

836 F.2d 1347 · Court of Appeals for the Sixth Circuit · Jan 6, 1988

Blaska in the case at bar, the court ought also to have given an appropriate qualified immunity charge. In light of Anderson v. … Sec. 1983 , and the jury was told that the plaintiff could recover if she established a deprivation of constitutional rights that was the natural consequence of the defendants' actions.

Citizens Coal v. EPA

Court of Appeals for the Sixth Circuit · May 15, 2006

Under the Final Rule, these Pollution Abatement Plans qualify as BPT, 40 C.F.R. § 434.72, and BAT, 40 C.F.R. § 434.73, and BCT, 40 C.F.R. § 434.74, for remining operators. … Many of these abandoned lands, specifically those that qualified under the Rahall Amendment, were abandoned prior to the mid-1970s.

United States v. Budd

496 F.3d 517 · Court of Appeals for the Sixth Circuit · Aug 13, 2007

In Hynes , this court offered one manner of distinguishing between a constructive amendment and a variance that may become a constructive amendment by reason of its effect on substantial rights: “defendants can establish … same actions, and they specify an offense against the same statute, 18 U.S.C. § 242 , which prohibits a person acting “under color of law” from “subject[ing] any person ... to the deprivation of any rights, privileges, or immunities

Kanapathippillai Thayaparan v. Jeff Sessions

688 F. App'x 359 · Court of Appeals for the Sixth Circuit · May 8, 2017

Sessions The Board’s Decision.2 On September 29, 2016, the Board upheld the immigration judge’s credibility assessment as not clearly erroneous. AR 3. … To qualify for mandatory CAT -5- No. 16-4232, Thayaparan v.

Shealy v. Caldwell

16 F. App'x 388 · Court of Appeals for the Sixth Circuit · Jul 27, 2001

Therefore, appellants submit that the Memorandum of Opinion and Order of the District Court is clearly erroneous as a matter of law and should be reversed with this matter being remanded for trial. … In this case, even if Plaintiffs can establish the Ludwig elements, Plaintiffs have never requested a name clearing hearing nor have they alleged they were denied such a request.

Central States Southeast & Southwest Areas Pension Fund & Howard McDougall Trustee and on Behalf of All Trustees v. Transervice Systems, Inc.

785 F.2d 307 · Court of Appeals for the Sixth Circuit · Jan 7, 1986

was not yet qualified to receive. … I am persuaded that these findings are clearly erroneous and should be reversed with directions to dismiss the complaint.

Starkman v. Marathon Oil Company

772 F.2d 231 · Court of Appeals for the Sixth Circuit · Sep 13, 1985

Manor Drug Stores, 421 U.S. 723, 737 , 95 S.Ct. 1917, 1926 , 44 L.Ed.2d 539 (1975), Rule 10b-5 has been the source of a wide-ranging federal common law of securities fraud, clearly applicable to the tender offer context, … This same release cautioned, however, that where "valuations are so qualified and subject to material limitations and contingencies, inclusion in proxy soliciting material of specific realizable values may be unreasonable

Mike Honey and Martha Allen v. Jon Goodman, Shelby M. Howard, and J. W. Shines

432 F.2d 333 · Court of Appeals for the Sixth Circuit · Oct 9, 1970

Justice Black stated: “The respondent here has intimated that the Act establishes only a ‘principle of comity,’ not a binding rule on the power of the federal courts. … In marked contrast to that of section 2283, the scope of section 1983 jurisdiction has been clearly defined.

Van Compernolle v. City of Zeeland

241 F. App'x 244 · Court of Appeals for the Sixth Circuit · Jul 9, 2007

Defendants filed a motion for summary judgment on all counts and Defendants Olney and Klunder asserted a defense of qualified immunity. … The district court did not reach the issue of qualified immunity, nor did it address the claim for loss of consortium.

Dennis Speerly v. General Motors, LLC

143 F.4th 306 · Court of Appeals for the Sixth Circuit · Jun 27, 2025

Because of their historical pedigree, certain “physical harms and monetary harms” can “readily qualify as concrete injuries under Article III.” Id. at 425. … This “inquiry trains on the legal or factual questions that qualify each class  No. 23-1940 Speerly et al. v.

Virginia B. King v. Geoffrey P. Emery

871 F.2d 1088 · Court of Appeals for the Sixth Circuit · Mar 28, 1989

vacated the district court's judgment dismissing the action against Walker declaring that the district court applied the wrong standard when it used a good faith subjective test to determine whether the deputy sheriff was immune … The Court of Appeals remanded for further proceedings for the purpose of applying an objective test whether plaintiff's rights were clearly established at the time of the alleged violation. See Davis v.