United States Sixth Circuit - April 2005 Opinion Summaries

Akhtar v. Gonzales

Immigration Law
The Board of Immigration Appeals abused its discretion in denying plaintiff's motion to reopen where it failed to apply properly its own regulations.

Harbison v. Bell

Criminal Law & Procedure, Habeas Corpus
Denial of defendants petition for a writ of habeas corpus is affirmed over his claims that his appellate counsel was ineffective and had a conflict of...

US v. Alva

Criminal Law & Procedure, Sentencing
Defendant's sentence for a drug conviction is vacated and remanded for resentencing in accordance with US v. Booker, 125 S.Ct. 738 (2005).

Jones Bey v. Johnson

Civil Rights, Criminal Law & Procedure, Injury & Tort Law
In cases involving "mixed" complaints under the Prison Litigation Reform Act, the total exhaustion of administrative remedies is required before a...

Moon v. Unum Provident Corp.

Administrative Law, ERISA, Labor & Employment Law
Defendant-plan administrator's final decision upholding the termination of plaintiff's disability benefits was arbitrary and capricious.

Garretson v. City of Madison Heights

Civil Rights, Injury & Tort Law
In a section 1983 action, the grant of qualified immunity to defendant-police officers is reversed where there is a genuine issue of material fact as...

Saroli v. Automation & Modular Components, Inc.

Labor & Employment Law
In a suit alleging violations, related to maternity leave, of the Family and Medical Leave Act, dismissal of plaintiff's claim is reversed where she...

White v. The Ins. Co. of Pennsylvania

Insurance Law, Labor & Employment Law
In an insurance dispute, the district court improperly held that plaintiff, who was injured during the scope of his employment, was not entitled to...

US v. Smith

Criminal Law & Procedure, Sentencing
Defendant's sentence for being a felon in possession of a firearm is vacated where the district court's sentencing calculation under the US Sentencing...

US v. Hudson

Criminal Law & Procedure, Sentencing
The denial of defendant's motion to suppress as to a portion of the evidence is reversed where the police officers' investigative stop of defendant...