United States Sixth Circuit - September 2003 Opinion Summaries

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Description Date Docket #

BANKS v. COMM'R OF INTERNAL REVENUE

United States Sixth Circuit
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...
09/30/2003 01-2171/2177

US v. CONSOL. COAL CO.

United States Sixth Circuit
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...
09/26/2003 02-3308

WILLIAMS v. MEYER

United States Sixth Circuit
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...
09/25/2003 01-1951

US v. JOHNSON

United States Sixth Circuit
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...
09/25/2003 02-1191/1293

BANKS v. CITY OF WHITEHALL

United States Sixth Circuit
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...
09/24/2003 01-4155

IN RE TALBERT

United States Sixth Circuit
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...
09/24/2003 02-1845

CHERRINGTON v. SKEETER

United States Sixth Circuit
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...
09/24/2003 01-3637

ARBAN v. WEST PUBL'G CORP.

United States Sixth Circuit
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...
09/24/2003 01-2278/2370

MCADOO v. ELO

United States Sixth Circuit
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...
09/23/2003 01-2050

VROMAN v. BRIGANO

United States Sixth Circuit
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...
09/22/2003 02-3258