United States Sixth Circuit - July 2003 Opinion Summaries

US v. STOVALL

Criminal Law & Procedure, Sentencing
The district court need not have made a finding on defendant's role in a conspiracy, where she stipulated in a plea agreement that a three-level...

EASTOVER MINING CO. v. WILLIAMS

Administrative Law, Government Benefits, Health Law
An award of benefits pursuant to the Black Lung Benefits Act, 30 U.S.C. sections 901-45, is reversed where the Administrative Law Judge gave...

BRATT ENTERS., INC. v. NOBLE INT'L LTD.

Contracts, Dispute Resolution & Arbitration
In a breach of contract claim arising from purchase of a business, the district court erred by compelling the arbitration of an issue that the parties...

TOMS v. TAFT

Civil Rights, Constitutional Law, Government Law
Case law fails to show that an inmate's right to marry was so clearly established that a state official reasonably would believe that declining to...

US v. WARE

Criminal Law & Procedure
Defendant sufficiently initiated discussion of the crime and validly waived his rights to remain silent and to counsel, so his subsequent confession...

SAGINAW BAY PIPELINE CO. v. US

Commercial Law, Oil and Gas Law, Tax Law
All natural gas transportation pipelines used for any purpose other than production-related "gathering" of "wet" gas, including dry-gas "transmission"...

HARRIS v. CARTER

Criminal Law & Procedure, Ethics & Professional Responsibility, Habeas Corpus
A habeas petitioner was presumptively denied his Sixth Amendment right to counsel when the state trial court failed to inquire as to whether trial...

AKERS v. ALVEY

Government Law, Injury & Tort Law, Labor & Employment Law
A former family services worker satisfied the elements of a tort-of-outrage claim against her former supervisor, but such a claim against the Kentucky...

BROWN v. PACKAGING CORP. OF AM.

Civil Rights, Labor & Employment Law
In an age discrimination in employment case, any potential for confusion caused by jury instruction on the prima facie case and burden-shifting was...

US v. REAUME

Criminal Law & Procedure, Sentencing
In appeals from bank fraud convictions under 18 U.S.C. section 1344, 1) evidence was sufficient to establish requisite intent, 2) refusal to award a...