United States Sixth Circuit - January 2002 Opinion Summaries

US v. HUMPHREY

Criminal Law & Procedure, Sentencing
An upward adjustment of defendant-s offense level under U.S.S.G. section 3B1.3, for abuse of a position of trust or use of a special skill, was not...

F.R.C. INT'L, INC. v. US

Environmental Law, Tax Law
Where the plaintiff-s "removal" of an Ozone-Depleting Chemical ("ODC"), following its purchase from the Peoples' Republic of China, was merely a...

COBB v. TIME, INC.

Communications Law, Constitutional Law, Injury & Tort Law
In libel action by a boxer against a publication, there was insufficient evidence to support a finding of actual malice on the part of the defendant...

US v. BARNES

Criminal Law & Procedure, Sentencing
Even if sentencing court implied that it would not have accepted recommendation made by the government in a plea agreement, government's breach of...

IN RE: DOW CORNING CORP.

Bankruptcy Law, Civil Procedure
Under certain circumstances, a bankruptcy court may enjoin a non-consenting creditor's claim against a non-debtor to facilitate a Chapter 11 plan of...

NATIONWIDE MUT. INS. CO. v. THE HOME INS. CO.

Civil Procedure, Contracts, Dispute Resolution & Arbitration
In reviewing an arbitration decision, where the party against whom costs were assessed had notice of its opponent-s claims and an opportunity to...

CDI INFO. SERV., INC. v. RENO

Immigration Law
Pursuant to 8 U.S.C. section 1252(a)(2)(B)(ii), a discretionary decision by the INS to deny an application for an extension of an H1-B non-immigrant...

PRYOR v. US

Criminal Law & Procedure
The one-year limitation period applicable to a motion to set aside a conviction for using or carrying a firearm during and in relation to a drug...

US v. SMITH

Criminal Law & Procedure, Sentencing
Where it was unclear whether the sentencing court knew it had the discretion to make a downward departure from sentencing guidelines if it determined...

US v. RODGERS

Criminal Law & Procedure, Sentencing
It is not error for the district court to reimpose a defendant-s original sentence after remand and deny a reduction in the sentence for acceptance of...