United States Sixth Circuit - December 2000 Opinion Summaries

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Description Date Docket #

PLEDGER v. US

United States Sixth Circuit
Tax Law
Individual taxpayers were not "at risk" under 26 USC 465(b), with regard to a three-party sale-leaseback transaction between parent company and two of...
12/29/2000 99-4254, 99-4276

PARRY v. PRITCHARD

United States Sixth Circuit
Civil Procedure
A motion to file a second amended complaint will be denied where plaintiff tries to use a new legal theory after summary judgment was awarded to...
12/29/2000 99-3924

WHITE v. MCANINCH

United States Sixth Circuit
Constitutional Law, Criminal Law & Procedure
Trial counsel's "strategy" of allowing and encouraging testimony about uncharged act of sexual intercourse between defendant and victim fell well...
12/21/2000 98-4267

RYBARCZYK v. TRW, INC.

United States Sixth Circuit
ERISA
The portion of lump sum pension plan payments attributable to service rendered prior to 1986 plan amendment - but not service rendered after amendment...
12/21/2000 97-4167

BRONAUGH v. OHIO

United States Sixth Circuit
Criminal Law & Procedure
Where 362 days passed between petitioner's completion of direct review under Rule 26(B) and filing of petitioner's habeas corpus petition, convicted...
12/19/2000 99-3886

WEEKS v. PORTAGE COUNTY EXECUTIVE OFFICES

United States Sixth Circuit
Civil Rights, Constitutional Law, Injury & Tort Law
Absent a "special relationship" with police, victims lack a constitutional right under the Fourth or Fourteenth Amendment to have police provide...
12/19/2000 99-3927

SKAGGS v. PARKER

United States Sixth Circuit
Criminal Law & Procedure
Defendant's counsel provided ineffective assistance in penalty phase of murder trial by using same expert witness to testify to defendant's mental...
12/18/2000 98-6249

US v. RAPANOS

United States Sixth Circuit
Criminal Law & Procedure, Environmental Law
District court abused its discretion in granting defendant two one-level downward departures for acceptance of responsibility for filling wetlands...
12/15/2000 98-2424, 99-1578, and 99-1074

EQUAL EMPLOYMENT OPPORTUNITY COMM'N v. LOCAL NO. 120

United States Sixth Circuit
Labor & Employment Law
District court did not abuse its discretion by permitting intervention to afford "complete relief" concerning Union violations of consent decree...
12/15/2000 98-3935, 3986

MG TRANSP. SERV., INC. v. WATER QUALITY INS. SYNDICATE

United States Sixth Circuit
Environmental Law, Insurance Law
Claims under the False Claims Act did not obligate insurance coverage either under the parties' insurance policy or under Ohio law, where coal...
12/12/2000 99-3889