Sixth Circuit Cases

6th Cir. Published Decisions for Jan. 22-26, 2007 (1 Ky Decision)

Opinion	Pub Date	Short Title/District
07a0030p.06	2007/01/22	Abbott v. MI     Eastern District of Michigan at Detroit Michigan Class Action suit regarding pension benefits and Rooker Feldman doctrine
07a0031p.06	2007/01/22	Prime Media Inc. v. Cty of Brentwood     Middle District of Tennessee at Nashville Commercial speech, local ordinances, and billboards
07a0032p.06	2007/01/23	Sanusi v. Gonzales     Board of Immigration Appeals Immigration; vacating conviction to ameliorate consequences of deportion law
07a0033p.06	2007/01/23	L & W Supply Corp v. Acuity     Western District of Kentucky at Louisville Reversed District court's award of costs and expert witness fees but can recover ordinary witness costs The district court’s decision awarding expert witness fees as costs to Acuity is reversed. This case is remanded to the district court to determine the amount of costs the expert may recover as ordinary witness costs for attendance fees, travel expenses, and as a subsistence allowance under § 1821.
07a0034p.06	2007/01/23	USA v. Atchley     Eastern District of Tennessee at Chattanooga CRIMINAL:  Meth; suppression of drugs found in motel room; evidence of flight; AFFIRMED.
07b0003p.06	2007/01/23	In re:Kenneth Perrin v.     Southern District of Ohio at Columbus BANKRUPTCY:  Found willful violation of automatic stay but awarded no damages
07a0035p.06	2007/01/24	USA v. Lang     Eastern District of Michigan at Detroit CRIMINAL:  Booker and resentencing
07a0036p.06	2007/01/24	Hamilton v. Morgan     Middle District of Tennessee at Nashville CRIMINAL:  Habeas corpus and state coviction re unavailable witness testimony
07a0037p.06	2007/01/25	Haynes v. City of Circleville     Southern District of Ohio at Columbus TORTS:  Ohio  whistleblower statute, retaliatory discharge
07a0038p.06	2007/01/26	Simmons v. Kapture     Western District of Michigan at Marquette APPEALS:  Counsel appointed and Halbert Decision
07a0039p.06	2007/01/26	Hudson v. Hudson     Western District of Tennessee at Memphis TORTS:  Governmental immunity and discretionary action re protective orders and harm
07a0040p.06	2007/01/26	MI Family Resources v. Local 517M SEIU     Western District of Michigan at Grand Rapids ARBITRATION award enforced on appeal
07a0041p.06	2007/01/26	Brilliance Audio v. Haights Cross, et al     Western District of Michigan at Grand Rapids COPYRIGHT:  Record rental exception to first sale doctrine
07a0042p.06	2007/01/26	USA v. Smith     Southern District of Ohio at Columbus CRIMINAL:  Sentencing

Rules: Amendments to Sixth Circuit Rules 28(g) and 45(a)(7)

The court has given its final approval to the amendments to Sixth Circuit Rules 28(g) and 45(a)(7); they will take effect January 24, 2007.

• Rule 28(g), 
• Rule 45(a)(7)

Rules: Rules Governing Complaints of Judicial Misconduct or Disability Open for Comment

Amended Rules Governing Complaints of Judicial Misconduct or Disability The Sixth Circuit Judicial Council has voted to adopt amended Rules Governing Complaints of Judicial Misconduct or Disability. Interested parties shall have until January 31, 2007 to comment on the proposed amended Rules. More Information

Comments may be submitted to:

Office of the Circuit Executive

503 Potter Stewart U.S. Courthouse

100 E. Fifth Street

Cincinnati, OH 45202.

6th Cir. Published Decisions for Jan. 15-19, 2007 (1 Ky Decisions)

 

Opinion	Pub Date	Short Title/District
07a0016p.06	2007/01/16	Metro Life Ins Co v. Conger     Western District of Kentucky at Louisville Insurance:  Application for long term care and disclosure of condition KAREN NELSON MOORE, Circuit Judge. In 2002, Plaintiff Russell D. Conger filled out an on-line application and purchased a long-term care insurance policy under the Federal Long-Term Care Insurance Program (“FLTCIP”). When he sought to collect benefits, Metropolitan Life Insurance Company (“MetLife”) refused to pay, voided the policy, and then sued for rescission and declaratory relief. Because we conclude that MetLife abused its discretion by voiding the policy and that Conger had no independent duty to disclose information that MetLife neglected to request, we REVERSE the district court’s judgment and REMAND the case with instructions to dismiss MetLife’s complaint.
07a0017p.06	2007/01/16	Benge v. Johnson     Southern District of Ohio at Cincinnati Habeas corpus in death penalty case
07a0018p.06	2007/01/16	Tatis v. US Bancorp     Southern District of Ohio at Cincinnati Business law: payment by bank on forged checks; summary judgment in diversity case
07a0019p.06	2007/01/16	Van v. Jones     Western District of Michigan at Grand Rapids Criminal:  Right to counsel in consolidation case and was it 'critical stage' of proceedings
07a0020p.06	2007/01/16	Cooey (Biros) v. Strickland     Southern District of Ohio at Columbus Death penalty case re Ohio law on lethal injection
07a0021p.06	2007/01/17	USA v. Williams     Western District of Tennessee at Memphis Criminal: Miranda issue
07a0022p.06	2007/01/17	USA v. Davis     Eastern District of Tennessee at Chattanooga Criminal: extortion and elements of offense
07a0023p.06	2007/01/17	Bakri v. Venture Mfg Company     Southern District of Ohio at Dayton ERISA and 'top hat' exception
07a0024p.06	2007/01/17	United Steelworkers v. Cooper Tire & Rubber     Northern District of Ohio Labor law: arbitrability of a side agreement
07a0025p.06	2007/01/18	Surles v. Greyhound Lines Inc     Eastern District of Tennessee at Winchester Discovery of 'prior incident' reports in personal injury suit
07a0026p.06	2007/01/18	Carver v. City of Cincinnati     Southern District of Ohio at Cincinnati 1983 action and qualified immunity; firefighters and emts
07a0027p.06	2007/01/18	Elec Data Sys Corp v. Donelson     Eastern District of Michigan at Detroit Discrimination claim, and attempt to set aside arbitration award
07a0028p.06	2007/01/18	Tuttle v. Metro Govt Nash     Middle District of Tennessee at Nashville Age discrimination
07a0029p.06	2007/01/19	Stokes v. Williams     Southern District of Ohio at Columbus Pre-Abela motion of denial of post conviction relief

 

Blog Update: Modest proposal gets underwhelming support

First, thanks to the three lawyers who volunteered to assist in the "modest proposal". 

Second, the numbers were too small to gear up the project accordingly.

Third, even though the suggestion for this "free site" to add the names of the opinions authors and topical desciptions (or even short sentences) came from the staff at a "large" corporate-type firm, none of the volunteers came from that direction. 

I just wanted to share that bit of irony, frustration, and biting commentary.

I will continue to burn the candle at both ends and do my own little topic inclusions. 

• Estimated time per week for me is 1.5 hours. 
• Annual estimate on this project is 78 hours. 
• Annual cost of "lost" billable time at the "corporate" rate:  $19,500.
• Cost to you:  Nothing, zilda, free, zero.

6th Cir. Published Decisions for Jan. 8-12, 2007 (1 Ky Decisions)

 

Opinion	Pub Date	Short Title/District
07a0004p.06	2007/01/08	McNamara v. Rittman     Northern District of Ohio OHIO LAW:  Ownership of groundwater under home
07a0005p.06	2007/01/08	Detroit Radiant Prod v. BSH Home Appliances     Eastern District of Michigan at Detroit CONTRACTS:  Terms, binding or nonbinding estimate
07a0006p.06	2007/01/09	Colonial Pipeline Co v. Morgan     Middle District of Tennessee at Nashville TENN LAW:  Ad valorem tax and equal protection
07a0007p.06	2007/01/09	USA v. Whited     Eastern District of Tennessee at Winchester CRIMINAL:  Sentence enhancement; meth
07a0008p.06	2007/01/09	USA v. Wells     Eastern District of Tennessee at Knoxville CRIMINAL:  Juvenile conviction and recidivism under Armed Career Criminal Act
07a0009p.06	2007/01/09	USA v. Mooneyham     Eastern District of Tennessee at Greeneville CRIMINAL:  Booker remand
07b0001p.06	2007/01/09	In re: Dale Williams v.     U.S. Bankruptcy Court BANKRUPTCY:  Attorneys fees, No Look
07a0010p.06	2007/01/10	Griffith v. Coburn     Western District of Michigan at Grand Rapids CIVIL RIGHTS:  Vascular neck restraint; choke hole; torts
07a0011p.06	2007/01/10	Chirco v. Crosswinds Cmnty Inc     Eastern District of Michigan at Detroit COPYRIGHT: Architectural design
07a0012p.06	2007/01/10	Hollins v. Methodist Healthcare     Western District of Tennessee at Memphis EMPLOYMENT LAW:  Termination and ministerial exception
07a0013p.06	2007/01/11	Elliott v. Metro Life Ins Co     Eastern District of Kentucky at Covington ERISA:  Denial of LTD benefits "arbitrary and capricious"
07a0014p.06	2007/01/12	USA v. Jackson     Eastern District of Tennessee at Greeneville CRIMINAL:  Speed Trial and Sixth Amend. re: Virginal criminal action
07a0015p.06	2007/01/12	Stewart v. Blackwell     Northern District of Ohio APPEALS:  Issue moot during en banc review vacated
07b0002p.06	2007/01/12	In re: Thomas Condon v.     Southern District of Ohio at Cincinnati BANKRUPTCY:  Motion to convert ch.  7 to 13 and good faith

NONPUBLISHED KENTUCKY DECISION OF NOTE

07a0020n.06

2007/01/08

Chandler v. Liberty Mutual Ins     Eastern District of Kentucky at Cov. INSURANCE AND INDEMNITY:  Trucking case with lease back issues and excess coverages

6th Cir. Published Decisions for Jan. 2-5, 2007 (No Ky Decisions)

 

Opinion	Pub Date	Short Title/District
07a0001p.06	2007/01/03	Natl Union Fire v. Alticor Inc     Western District of Michigan at Grand Rapids ETHICS:  Rule 1.9 & 1.10 and disqualification of atty and/or firm due to conflict of former representation
07a0002a.06	2007/01/04	Pittsburgh & Conn v. OWCP     State of Ohio Agency LONGSHORE ACT:
07a0003p.06	2007/01/05	USA v. Quinlan     Eastern District of Michigan at Detroit CRIMINAL: Guilty plea withdrawal, sentencing and $256,643,608 in restitution.