United States Sixth Circuit - February 2002 Opinion Summaries

BURROUGHS v. MAKOWSKI

Criminal Law & Procedure, Habeas Corpus
The Michigan Court of Appeals and Supreme Court's statements that the defendant was not entitled to relief under M.C.R. 6.508(D) sufficiently...

US v. LUCAS

Criminal Law & Procedure, Sentencing
Because the government presented no evidence regarding ownership of gun or of the car in which it was found, and did not lift any fingerprints from...

NAT'L CITY BANK, N.W. v. COLUMBIAN MUT. LIFE INS. CO.

Banking Law, Contracts, Insurance Law
Where defendant insurance company had a contractual right of recoupment or setoff for unearned premiums advanced to its agent, and the agent also gave...

INGE v. ROCK FINANCIAL CORP.

Banking Law, Consumer Protection Law
The "tolerance provision" found in the Truth in Lending Act (TILA), 15 U.S.C. section 1605(f), does not impose an independent pleading hurdle for TILA...

CLARK v. PORTAGE COUNTY

Civil Rights, Class Actions, Family Law
Plaintiff, whose claimed interests were vague and amorphous, did not have a private right of action, deriving from Title IV-D of the Social Security...

US v. GILMORE

Criminal Law & Procedure
Unequivocal written and verbal demands for money made to bank employees are a sufficient basis for a finding of intimidation under 18 U.S.C. section...

CLAYTON v. MEIJER, INC.

Civil Rights, Labor & Employment Law
The fact that an employer discharged an African-American employee who engaged in a serious act of misconduct that resulted in injury to a coworker,...

US v. ORLANDO

Criminal Law & Procedure, Sentencing
Because the district court failed to make specific factual findings, such as when the defendant entered conspiracy and "the scope of the criminal...

CARTEN v. KENT STATE UNIV.

Civil Rights, Constitutional Law, Education Law
Where the plaintiff alleged he was denied access to public education, but made no allegations sounding in due process, the Eleventh Amendment barred...

MONZO v. EDWARDS

Criminal Law & Procedure, Evidence
Although the police mistakenly destroyed the victim's rape-kit while the investigation into the crimes with which the defendant was ultimately charged...