Case law

Doris E. Klein Janet Wagner v. Stop-N-Go

824 F.2d 453 · Court of Appeals for the Sixth Circuit · Apr 16, 1987

The last part is clearly inadmissible. What she understood it to mean. She may testify what somebody said and that’s all she can do. # * * # * * THE COURT: What the man said was admissible. … One way a plaintiff can establish a pri-ma facie case of age discrimination is by demonstrating that: 1) he was a member of a protected class; 2) he was discharged; 3) he was qualified for the position; and 4) he was replaced

Parlak v. Holder

Court of Appeals for the Sixth Circuit · Aug 24, 2009

Some removable immigrants may avoid deportation because they qualify for “withholding.” … Further, “[i]t is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings,” Reno v.

David Flick v. Millicent Warren

465 F. App'x 461 · Court of Appeals for the Sixth Circuit · Feb 27, 2012

A court may only grant a writ of habeas corpus on an adjudicated issue if the state court’s decision “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme … established law, or is based on an unreasonable determination of the facts in light of the evidence presented.”

Morris v. Graven

7 F.3d 234 · Court of Appeals for the Sixth Circuit · Sep 30, 1993

7 F.3d 234 NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished … the authority to dismiss a claim based on an indisputably meritless legal theory, but also the unusual power to pierce the veil of the complaint's factual allegations and dismiss those claims whose factual contentions are clearly

United States v. Dwayne Sheckles

996 F.3d 330 · Court of Appeals for the Sixth Circuit · Apr 30, 2021

Sheckles also argues that the initial stop of his vehicle itself qualified as a full “arrest” that required probable cause. … Given one officer’s unambiguous recollection that there was a “really strong odor of marijuana,” the court’s conclusion was not clearly erroneous.

United States v. Zacquon Grady

Court of Appeals for the Sixth Circuit · Jun 13, 2025

So the district court did not clearly err in finding that the pistol whipping occurred as Rucker described. … To establish plain error, Grady “must show the district court committed (1) an error that was (2) plain and (3) affected his substantial rights.

Jennifer Amato, by Her Next Friend Diana Amato v. Syntex Laboratories, Inc. And Pet, Inc.

917 F.2d 24 · Court of Appeals for the Sixth Circuit · Oct 26, 1990

This finding was based upon the District Court's view that appellant's experts are not qualified to testify on the issue of causation and, even if they were so qualified, their statements are inadequate to establish a genuine … Viewed in a light most favorable to appellant, without her proffered expert testimony she clearly fails to meet this standard. 13 Because we find that the District Court properly rejected appellant's proffered "expert" testimony

Yanyun Ni v. Eric Holder, Jr.

556 F. App'x 466 · Court of Appeals for the Sixth Circuit · Feb 25, 2014

The BIA found the IJ’s credibility determination of Ni was not clearly erroneous because, in accordance with 8 U.S.C. § 1158(b)(1)(B)(iii), it was based on Ni’s inconsistent and nonresponsive answers in the context of the … Thus, an applicant who fails to establish her eligibility for asylum necessarily fails to establish her eligibility for withholding of removal. Berri v. Gonzales, 468 F.3d 390, 397 (6th Cir. 2006) (citing Allabani v.

United States v. Herman Polly

385 F. App'x 454 · Court of Appeals for the Sixth Circuit · Jul 12, 2010

Upon Lewis’s arrest, the KSP reviewed video surveillance of the marijuana plots that had previously been established through a remote video camera. … United States court’s finding that the defendant was an organizer, leader, manager, or supervisor was clearly erroneous. Id. at 1092.

United States v. Sherman M. Boyland

979 F.2d 851 · Court of Appeals for the Sixth Circuit · Nov 12, 1992

II. 8 Boyland's first claim of error, that there was insufficient evidence to support his conviction, clearly is without merit. … judgments of conviction and sentencing. 1 This statute provides: Whoever, under color of any law, ... willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities

Lisa Perrino v. City of Newton Falls, Village of Lordstown Martin Dematteis Debora Witten R. Mark Rohr

972 F.2d 348 · Court of Appeals for the Sixth Circuit · Aug 14, 1992

ex-husband, and that the other defendants' acquiescence amounted to official city policy. 11 The district court granted defendants' summary judgment motion in favor of the Newton Falls prosecutor on the basis of prosecutorial immunity … There is no suggestion that the Newton Falls prosecutor qualifies as a "county prosecuting attorney." 22 Perrino does not dispute that, as an initial matter, this provision of Ohio law vests final policymaking authority over

United States v. Damon Stephens

385 F. App'x 491 · Court of Appeals for the Sixth Circuit · Jul 12, 2010

a career offender, but Stephens’ argument on that ground was that the district court should have used its discretion to vary from the guidelines and not apply the career offender enhancement, not that Stephens did not qualify … This could lead to an unreasonable sentence, but Stephens has not met his burden of establishing that the district court abused its discretion in selecting a 270-month sentence.

O'BRIEN v. Ed Donnelly Enterprises, Inc.

575 F.3d 567 · Court of Appeals for the Sixth Circuit · Aug 5, 2009

She is clearly not similarly situated to the lead plaintiffs. … It would only allow them to prove damages by way of estimate, if they had already established liability.

Jarrhod Williams v. DeWayne Burton

714 F. App'x 553 · Court of Appeals for the Sixth Circuit · Nov 9, 2017

“A state court’s decision is contrary to clearly established federal law where ‘the state court arrives at a conclusion opposite to that reached by [the Supreme Court] on a question of law or if the state court decides … “A state court’s decision is an unreasonable application of clearly established federal law if ‘the state court identifies the correct governing legal principle from [the Supreme Court]’s decisions but unreasonably applies

Peter Foltice v. Guardsman Products, Inc.

98 F.3d 933 · Court of Appeals for the Sixth Circuit · Oct 30, 1996

Foltice did not apply for pension benefits when he reached qualifying age in 1990. … pursuant to 'a written instrument,' of which the participants are to be furnished a 'summary')"). 64 Edwards is clearly not pertinent to this case.

Fed. Sec. L. Rep. P 96,861 Gerald Mansbach v. Prescott, Ball & Turben

598 F.2d 1017 · Court of Appeals for the Sixth Circuit · May 7, 1979

Novel or atypical methods should not provide immunity from the securities laws.” Id., at 397. 404 U.S. at 10 -11 & n. 7, 92 S.Ct. at 168 n. 7. … This language is clearly broad enough to sweep within its reach the allegations of Count II of the complaint.

Ronald E. Stewart v. James A. Rhodes

656 F.2d 1216 · Court of Appeals for the Sixth Circuit · Sep 29, 1981

I disagree with the majority holding that in the review of allowances of attorneys fees on appeal, it is necessary for the State to establish that the district court abused its discretion. … In short, I believe this court should (1) clearly state that district courts are to carefully “weigh the hours claimed against [their] own knowledge, experience, and expertise of the time required to complete similar activities

Planned Parenthood Cincinnati Region v. Bob Taft

439 F.3d 304 · Court of Appeals for the Sixth Circuit · Feb 24, 2006

The district court's determination will be disturbed only if it relied upon clearly erroneous findings of fact, improperly applied the governing law, or used an erroneous legal standard. Nightclubs, Inc. v. … City of Detroit, 25 F.3d 1342, 1350 (6th Cir. 1994) (observing that an aeronautical engineer would be qualified to testify about the flight of a bumblebee based on general flight principles even if he had never actually seen

United States v. Douglas Alan Barton

455 F.3d 649 · Court of Appeals for the Sixth Circuit · Aug 3, 2006

In Rogers , the Supreme Court noted that “Bouie was rooted firmly in well established notions of due process. … If the Supreme Court had felt it necessary to remedy the constitutional error in the Guidelines in the manner defendant suggests, it clearly could have done so.

Michigan Employment Security Commission v. Wolverine Radio Co. (In re Wolverine Radio Co.)

930 F.2d 1132 · Court of Appeals for the Sixth Circuit · Apr 8, 1991

However, as the above passage, quoted from Major Dynamics illustrates, the reasoning relied upon by these courts qualified the extension of jurisdiction to those disputes directly affecting the debtor or estate and where … Third, we can find no evidence in the Bankruptcy Code that Congress clearly intended to preempt state attempts to assign liability for employment history to successor purchasers.