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317 F. App'x 439 · Court of Appeals for the Sixth Circuit · Jan 15, 2008
Defendant Collins was Improperly Dismissed The district court found that Collins, “having been sued in his official capacity as a state employee, enjoys immunity. Will v. … The prisoner has clearly so alleged in this case in his complaint and in his objections to the magistrate’s report. The District Court erroneously dismissed the claim under Rule 12(b)(6).
Cited 1 timesUnpublishedUnited States v. Samuel Rabinowitz, A/K/A Samuel Robbins, Stanford Sikov and Patrick Howard
327 F.2d 62 · Court of Appeals for the Sixth Circuit · Jan 22, 1964
In qualifying with New York, sometimes a woman was disqualified if her credit was insufficient to arrange financing. … This was clearly sales talk. We recognize that the prospective purchasers who were witnesses were marginal workers, that most of them had not engaged in occupations requiring skill and personal application.
Cited 19 timesPublished441 F.3d 416 · Court of Appeals for the Sixth Circuit · Mar 20, 2006
The Eighth Circuit held that a semiautomatic rifle that would take an eight-hour working day in a properly equipped machine shop to convert to shoot automatically qualified as a "machinegun" under the NFA. 10 Smith, 477 F … Because Congress specifically exempted § 5872(b) but not § 5872(a) from § 9703(o)(1)'s reach, the intent was clearly for § 5872(a) to be considered an "applicable law" under § 9703(o)(1).
Cited 26 timesPublished271 F. App'x 479 · Court of Appeals for the Sixth Circuit · Mar 24, 2008
established federal law? … Finding that Katt procedurally defaulted his Due Process Clause claim and that he cannot show the Michigan courts unreasonably applied clearly established Confrontation Clause law, we affirm.
Cited 12 timesUnpublishedCourt of Appeals for the Sixth Circuit · Jan 13, 2023
To qualify for the enhancement, the defendant must have been the “organizer, leader, manager, or supervisor of one or more other participants.” Id. cmt. n.2. … The record establishes that the guns were visible to conspirators who came to the house to purchase drugs from the Burgesses.
Cited 0 timesUnpublishedCourt of Appeals for the Sixth Circuit · Nov 6, 2024
. § 49-2-201 et seq. (2024) (code provisions establishing county boards of education); Duncan v. … On appeal, R.L. argues that she adequately pleaded her § 1983 claim because “Plaintiff’s Complain[t] alleges and the evidence clearly establishes that the administrators and teachers at both PMS and PHS had no appreciable
Cited 0 timesUnpublishedCity of Monroe Employees Retirement System v. Bridgestone Corp.
387 F.3d 468 · Court of Appeals for the Sixth Circuit · Oct 22, 2004
We merely hold that once Firestone elected to make statements such as the statement regarding the “objective data,” it was required to qualify that representation with known information undermining (or seemingly undermining … should have ‘considered probable’ a Firestone recall and thus established a huge contingent liabilities fund.”
Cited 4 timesPublished228 F. App'x 549 · Court of Appeals for the Sixth Circuit · Apr 13, 2007
This record clearly does not compel the conclusion that the immigration judge erred in finding that Thanasi had not been persecuted in Albania. … Thus, in order to qualify for withholding of removal, the petitioner “must establish that there is a clear probability that he will be subject to persecution if forced to return to the country of removal.” Pilica v.
Cited 1 timesUnpublished980 F.2d 729 · Court of Appeals for the Sixth Circuit · Dec 7, 1992
980 F.2d 729 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 … Strauss would not qualify as an "accident reconstruction" expert to explain exactly how Mr. Daniels received his injuries. (App. 465). But Dr.
Cited 3 timesUnpublished888 F.2d 385 · Court of Appeals for the Sixth Circuit · Nov 27, 1989
Whether the plaintiffs could show that their investments qualified as securities is a closer question, but we are not prepared to say at this juncture that the plaintiffs were not investing in "securities." … Jennings, 842 F.2d 159, 163 (6th Cir.1988), that a pattern is established merely by proving two predicate acts. 109 S.Ct. at 2899 10 18 U.S.C.
Cited 0 timesPublishedKolesar v. United Agri Products, Inc.
246 F. App'x 977 · Court of Appeals for the Sixth Circuit · Sep 4, 2007
However, “[a] district court abuses its discretion if it bases its ruling on an erroneous view of the law or a clearly erroneous assessment of the evidence.” Brown v. … Kolesar objects to UAP’s argument, contending that elsewhere in its brief UAP admitted that the spilled metam sodium was dangerous without the need for expert testimony to establish as much.
Cited 9 timesUnpublishedCaldwell v. City of Louisville
120 F. App'x 566 · Court of Appeals for the Sixth Circuit · Dec 9, 2004
Applying these principles to the present case clearly reveals that the adoption of a “special relationship” or custodial exception would not be appropriate here. … Clearly, Lett had several days in which to fully consider and reflect upon her decision not to serve the warrant on Mills.
Cited 16 timesUnpublishedKavanaugh v. Lexington Fayette Urban County Government
638 F. App'x 446 · Court of Appeals for the Sixth Circuit · Aug 26, 2015
Here, the record clearly establishes that both victims repeatedly identified Kavanaugh as their assailant. … Ct. 1497, 1506 (2012) (“[A] grand jury witness has absolute immunity from any § 1983 claim based on the witness’ testimony. . . .
Cited 6 timesUnpublishedBridgett Handy-Clay v. City of Memphis, Tennessee
695 F.3d 531 · Court of Appeals for the Sixth Circuit · Sep 25, 2012
In addition, we note that her conversations with individuals outside her department were clearly not part of her official duties as public records coordinator. … We have noted that “[t]he mere fact that public monies and government efficiency are related to the subject of a public employee’s speech does not, by itself, qualify that speech as being addressed to a matter of public concern
Cited 662 timesPublished576 F.3d 297 · Court of Appeals for the Sixth Circuit · Aug 7, 2009
First, he claims that his 1976 conviction does not qualify as a predicate offense for § 922(g)(1), for three reasons: his guilty plea was not knowing, voluntary, or intelligent; “obvious errors in the paperwork” indicate … “A district court abuses its discretion when it relies on clearly erroneous findings of fact, when it improperly applies the law, or when it employs an erroneous legal standard.” United States v.
Cited 57 timesPublished193 F. App'x 397 · Court of Appeals for the Sixth Circuit · Jul 25, 2006
Nevertheless, the district court dismissed the complaint after determining that the article’s quotations from “The Angel Mimi” qualified for the fair use defense as a matter of law. … A party seeking retransfer must establish under the law-of-the-case doctrine that the transfer order was clearly erroneous and would work a “manifest injustice.” See id. at 1137.
Cited 15 timesUnpublishedAssociation Of Seat Lift Manufacturers v. Otis R. Bowen
858 F.2d 308 · Court of Appeals for the Sixth Circuit · Sep 23, 1988
The promotion was directed to Medicare beneficiaries rather than to prescribing physicians and promoted seat lift chairs "at no cost, absolutely no cost" with a qualifying medical condition and supplemental insurance. … whereas Congress precluded review only of decisions on specific, individual retrospective claims. 27 A review of the record in its entirety, with particularity the Desmarais, the Gagel, and Stec memoranda and letters, 7 clearly
Cited 0 timesPublishedPettit v. Steppingstone, Center for the Potentially Gifted
429 F. App'x 524 · Court of Appeals for the Sixth Circuit · Jul 7, 2011
Pettit also implies she could institute legal action, an act clearly in her own interest and, thus, outside her job duties. … Therefore, the contract provision does not qualify as a new materially adverse condition imposed by the employer. The time-keeping diary requirements fail also.
Cited 37 timesUnpublishedThomas More Law Center v. Barack Obama
Court of Appeals for the Sixth Circuit · Jun 29, 2011
It was to change individual behavior by requiring all qualified Americans to obtain medical insurance. … Shoe Corp., 523 U.S. 360, 367–70 (1998), the States’ implied immunity from federal taxation, see Massachusetts v.
Cited 0 timesPublishedChrysler Corporation v. Commissioner Of Internal Revenue
436 F.3d 644 · Court of Appeals for the Sixth Circuit · Feb 8, 2006
employees of Chrysler and 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. 89
Cited 4 timesPublished
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