Main | June 2006 »

Case: "Sixth Circuit Disregards Choice of Law Provision in Pension Plan To Decide Surviving Spouse Issue" [Erisa Blog]

If you like to follow ERISA cases, you won't want to miss reading this interesting one here: Daimler-Chrysler v. Durden, 05-1662 (6th Cir., May 26, 2006). The case illustrates how the task of deciding who is the proper beneficiary of...

CA6 Weekly Decisions: May 22-26, 2006 (Published)

OpinionPub DateShort Title/District
06a0171p.06 2006/05/22

Hollon v. Social Security
    Eastern District of Kentucky at Lexington

KyCases Synopsis

06a0172p.06 2006/05/22 USA v. Mandycz
    Eastern District of Michigan at Flint
06a0173p.06 2006/05/22 Coles v. Granville
    Northern District of Ohio at Cleveland
06a0174p.06 2006/05/23 Duha v. Agrium, et al
    Eastern District of Michigan at Bay City
06a0175p.06 2006/05/23 DaimlerChrysler Corp v. Cox
    Eastern District of Michigan at Detroit
06a0176p.06 2006/05/23 Miller v. Admin Office Ct
    Western District of Kentucky at Louisville

Ky Cases Synopsis
06a0177p.06 2006/05/23 Aerel S.R.L. v. PCC Airfoils, LLC
    Northern District of Ohio at Cleveland
06a0178p.06 2006/05/23 Pavlovich v. National City Bank
    Northern District of Ohio at Cleveland
06a0179p.06 2006/05/24 Superior Beverage v. Schieffelin & Co
Goodman Beverage v. Schieffelin & Co.  Northern District of Ohio at Cleveland
06a0180p.06 2006/05/25 Dotson v. Wilkinson
    Northern District of Ohio at Cleveland
06a0180p.06 2006/05/25 Johnson v. Ghee
    Northern District of Ohio at Cleveland
06a0181p.06 2006/05/26 DaimlerChrys, et al v. Durden
    Eastern District of Michigan at Detroit
06a0182p.06 2006/05/26 Kessler v. Visteon Corp
    Eastern District of Michigan at Detroit
06a0183p.06 2006/05/26 USA v. Buchanan
    Western District of Tennessee at Memphis

Decisions: "Sixth Circuit holds that ERISA's anti-alienation provision prevents the State of Michigan from requiring" [How Appealing blog]

Sixth Circuit holds that ERISA's anti-alienation provision prevents the State of Michigan from requiring that a company making pension plan payments to an incarcerated inmate send the payments to the inmates' institutional address, thereby allowing the warden to garnish up to 90% of each deposit to reimburse for the costs of caring for the inmate: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.

Elsewhere: "Seton Hall Circuit Review Publishes Summary of Current Circuit Splits" [Split Circuits Blog]

The Seton Hall Circuit Review has just published its latest catalogue of circuit splits. Westlaw subscribers can access the report by clicking here: 2 Seton Hall Circuit Rev. 509 (2006).

CA6 Decisions: May 12-20, 2006 (Published)

OpinionPub DateShort Title/District
06a0162p.06 2006/05/15 Citizens Coal v. EPA
    State of Kentucky Agency

Ky Cases Synopsis
06a0163p.06 2006/05/16 Reeves v. Swift Transp Co
    Western District of Tennessee at Memphis
06a0164p.06 2006/05/16 Alley v. Little
    Middle District of Tennessee at Nashville
06a0165p.06 2006/05/17 Tran v. Gonzales
    Board of Immigration Appeals
06a0166p.06 2006/05/17 Power & Tele v. SunTrust Banks
    Western District of Tennessee at Memphis
06a0167p.06 2006/05/17 Kelly v. Great Seneca
    Southern District of Ohio at Cincinnati
06a0168p.06 2006/05/18 Kolkowski v. Goodrich Corp
    Northern District of Ohio at Cleveland
06a0169p.06 2006/05/19 USA v. Morris
    Western District of Michigan at Grand Rapids
06a0170p.06 2006/05/19 Pagan v. Fruchey
    Southern District of Ohio at Cincinnati

CA6 Decisions: Pagan v. Fruchey

From How Appealing Blog is a comment about a CA6 decision:

Divided three-judge Sixth Circuit panel rejects attorney's commercial speech challenge to Village of Glendale, Ohio's ordinance prohibiting the display of "for-sale" signs on a vehicle parked on a public street: You can access today's ruling in this First Amendment commercial speech challenge at this link.

6th Cir: Published Decisions for May 8-12, 2006

OpinionPub DateShort Title/District
06a0153p.06 2006/05/08 USA v. Dotz
    Eastern District of Michigan at Detroit
06a0154p.06 2006/05/09 Kusens v. Pascal Company
    Northern District of Ohio at Cleveland
06a0154p.06 2006/05/09 Kusens v. Pascal Company
    Northern District of Ohio at Cleveland
06a0155p.06 2006/05/09

Stutler v. T.K. Constr Inc.
    Eastern District of Kentucky at Covington

KyCases Summary

06a0156p.06 2006/05/10 Jones v. City of Cortland
    Northern District of Ohio at Cleveland
06a0157p.06 2006/05/10 Chen v. Gonzales
    Board of Immigration Appeals
06a0157p.06 2006/05/10 Lin v. Gonzales
    Board of Immigration Appeals
06a0158p.06 2006/05/11 Meridia Prod v. Abbott Laboratories
    Northern District of Ohio at Cleveland
06a0159p.06 2006/05/11 Danner v. Motley
    Eastern District of Kentucky at Ashland
06a0160p.06 2006/05/12 USA v. Ward
    Western District of Tennessee at Jackson
06a0161p.06 2006/05/12 Sanderson v. HCA
    Middle District of Tennessee at Nashville

News: "U.S. Supreme Court overrules 6th. Cirt. Ct. of Appeals, and upholds states economic development tax breaks to business" [Lawreader.com]

U.S. Supreme Court overrules 6th. Cirt. Ct. of Appeals, and upholds states economic development tax breaks to business

News: "Is Anyone Really Listening?" [Sixth Cir. Criminal Blog]

Do judges really listen to defense lawyers and give deference to their opinions, particularly where the subject matter relates to the defense lawyer’s opinion as an officer of the court? Two Sixth Circuit cases that were decided in April shed some light on this burning question.

News: "Sixth Circuit Affirms Summary Judgment in Meridia Litigation" [Daubert Blog]

Sixth Circuit Affirms Summary Judgment in Meridia Litigation