United States Sixth Circuit - March 2001 Opinion Summaries

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Description Date Docket #

HINEY PRINTING CO v. BRANTNER

United States Sixth Circuit
ERISA
Where the subrogation and reimbursement provisions under ERISA plan are ambiguous, the make-whole rule prevents their enforcement, but employee...
03/16/2001 99-4535, 00-3012

AM. CIVIL LIBERTIES UNION OF OHIO v. CAPITOL SQUARE REVIEW AND ADVISORY BD.

United States Sixth Circuit
Civil Rights, Constitutional Law
Ohio's statutory adoption of the motto: "With God, All Things Are Possible" under Ohio Rev. Code 5.06 does not violate the Establishment Clause of the...
03/16/2001 98-4106

US v. PARRIS

United States Sixth Circuit
Evidence, Tax Law
Lay witness testimony on ultimate issue of the case - belief that defendant's tax plan was "illegal" - is proper under Fed. R. Ev. 701 where use of...
03/15/2001 99-3878

SOUTHWEST WILLIAMSON COUNTY CMTY. ASSOC., INC. v. SLATER

United States Sixth Circuit
Civil Procedure, Transportation
Where the construction of a state highway corridor does not constitute a "major Federal action" under 42 USC 4332(C), an injunction against the...
03/14/2001 00-5075

THIAGARAJAR MILLS, LTD. v. THORNTON

United States Sixth Circuit
Commercial Law, Injury & Tort Law
Collecting bank is not liable for plaintiff's losses stemming from defendant's fraudulent transaction where absolutely no evidence supported claims...
03/13/2001 99-6560

HARDYMAN v. NORFOLK & W. RY CO.

United States Sixth Circuit
Evidence, Injury & Tort Law
Differential diagnosis is an acceptable means of proving injury causation by process of elimination, and plaintiff is not required to present expert...
03/13/2001 99-4218

NELSON v. TN GAS PIPELINE CO.

United States Sixth Circuit
Evidence
Under the Daubert standard, court may not disregard the lack of publication or other peer review of an expert opinion even if it demonstrates "novel"...
03/09/2001 99-6618

US v. JOHNSON

United States Sixth Circuit
Criminal Law & Procedure
Police officers had probable cause to initiate a traffic stop of defendant where defendant had a broken taillight that officers believed violated a...
03/09/2001 99-6222

ASAD v. RENO

United States Sixth Circuit
Immigration Law
Under the AEDPA, immigration proceedings commence only when a charging document is filed with the Immigration Court rather than service of the...
03/08/2001 99-6507

CASTORINA v. MADISON COUNTY SCHOOL BD.

United States Sixth Circuit
Constitutional Law, Education Law
A school ban on clothing containing any "illegal, immoral or racist implications" implicates First Amendment concerns, and the district court should...
03/08/2001 99-6309