United States Sixth Circuit - January 2003 Opinion Summaries

APJ ASSOCS., INC. v. N. AM. PHILIPS CORP.

Commercial Law, Contracts
Fraud in the inducement claims are not actionable where plaintiff failed to show defendant made oral assurances with intent to deceive, and defendant...

WICKLINE v. MITCHELL

Criminal Law & Procedure, Habeas Corpus
Ohio death row inmate's claim, that trial counsel was ineffective for failing to investigate and present mitigating evidence at the penalty phase,...

SOMMER v. DAVIS

Evidence, Health Law, Injury & Tort Law, Professional Malpractice
Expert witnesses in a medical malpractice action were not competent to testify under Tennessee law, where plaintiffs failed to disclose one witness in...

MORRISON v. CIRCUIT CITY STORES, INC.

Civil Rights, Contracts, Dispute Resolution & Arbitration, Labor & Employment Law
In discrimination suits against former employers, cost-splitting provision in arbitration agreements were not enforceable, and provisions limiting...

U.S. v. CAMPBELL

Civil Rights, Criminal Law & Procedure, Sentencing
The district court's application of 21 U.S.C. section 841(b)(1)(D) as the statutory maximum penalty for an indeterminate amount of marijuana is...

WALLIN v. NORMAN

Civil Procedure, Civil Rights, Health Law
A prisoner properly pled facts sufficient to establish that prison officials acted with deliberate indifference to his serious medical needs. District...

MARKVA v. HAVEMAN

Class Actions, Government Benefits, Health Law
In a class-action challenge to the Michigan Medicaid plan's methodology for calculating eligibility and benefits for relatives caring for dependent...

WEXLER v. WHITE'S FINE FURNITURE, INC.

Civil Rights, Labor & Employment Law
In an Age Discrimination in Employment Act claim, decision makers' statements evinced discriminatory intent, and where the factfinder decides to draw...

U.S. v. RICKETTS

Constitutional Law, Criminal Law & Procedure
Use of a firearm and committing a firearm murder in connection with a drug conspiracy, under 18 U.S.C. sections 924(c) and 924(i), are within...

SEC'Y OF LABOR v. 3RE.COM, INC.

Labor & Employment Law
Employees preparing a company's accounts receivable reports were involved in producing the repaired and remarketed computers that comprised the...