United States Sixth Circuit - September 2003 Opinion Summaries

BANKS v. COMM'R OF INTERNAL REVENUE

Attorney's Fees, Tax Law
Petitioner's California federal court suit settlement proceeds were not excludable from gross income under 26 U.S.C. section 104, but the tax court...

US v. CONSOL. COAL CO.

Environmental Law, Remedies
The district court's decision as to liability and equitable allocation for response costs for cleanup in a CERCLA action is affirmed, but calculation...

WILLIAMS v. MEYER

Civil Procedure, Criminal Law & Procedure, Habeas Corpus
A habeas petitioner has demonstrated that his failure to timely file his objections was the result of "excusable neglect", based on the factors...

US v. JOHNSON

Criminal Law & Procedure, Sentencing
As a two-level enhancement applied pursuant to U.S.S.G. section 2D1.1(b) was properly applied to both defendants, both are ineligible for...

IN RE TALBERT

Bankruptcy Law, Judgement Enforcement, Property Law & Real Estate
A Chapter 7 debtor may not use 11 U.S.C. section 506 to "strip off" an allowed junior lien where the senior lien exceeds the fair market value of the...

CHERRINGTON v. SKEETER

Civil Rights, Family Law
Individual defendants are entitled to qualified immunity to 42 U.S.C. section 1983 claims based on the absence of established law finding a...

ARBAN v. WEST PUBL'G CORP.

Civil Rights, Labor & Employment Law
The record contains evidence to support a jury's finding that an employer's explanation for plaintiff's termination was disingenuous and that the real...

BANKS v. CITY OF WHITEHALL

Civil Procedure, Civil Rights
As none of defendants' actions which the plaintiffs complain of occurred within two years of filing of a 42 U.S.C. section 1983 lawsuit, and...

MCADOO v. ELO

Criminal Law & Procedure, Habeas Corpus, Sentencing
The state court's determination that petitioner knowingly and voluntarily entered his plea was not unreasonable, and petitioner's plea was not...

VROMAN v. BRIGANO

Criminal Law & Procedure, Habeas Corpus
The court will not reconsider the Ohio state courts' determination that petitioner's post-conviction petition was untimely, or apply the federal...