United States Sixth Circuit - May 2005 Opinion Summaries

Sasse v. US Dept. of Labor

Environmental Law, Government Law, Labor & Employment Law
Dismissal of plaintiff's complaint, alleging that his employer retaliated against him for protected activity in violation of the Clean Air Act, is...

Carter v. City of Detroit

Civil Rights, Government Law, Injury & Tort Law
In a wrongful death suit, denial of defendant-police officer's motion for qualified immunity is affirmed where the facts, as alleged by plaintiff,...

Miller v. Calhoun County

Civil Rights, Constitutional Law, Injury & Tort Law
In a wrongful death action, judgment in favor of defendant is affirmed where the correctional facility staff was not deliberately indifferent to...

Meridian Leasing, Inc. v. Assoc. Aviation Underwriters

Contracts, Insurance Law
In an insurance coverage dispute concerning an aircraft engine, The district court did not err in interpreting a wear and tear provision to require...

Gismondi v. United Tech. Corp.

ERISA, Labor & Employment Law
Denial of plaintiffs' claims for early retirement benefits is affirmed where defendant-employer's interpretation of its retirement plan was rational.

US v. Jackson

Criminal Law & Procedure, Sentencing
Defendant's sentence for being a convicted felon in possession of a firearm is vacated and remanded for resentencing consistent with US v. Booker, 125...

Midkiff v. Adams County Reg'l Water Dist.

Civil Rights, Constitutional Law, Injury & Tort Law, Water Law
Plaintiff's constitutional challenges to a Water District's policy, which prohibits tenants from establishing water service accounts in their own...

US v. Gibson

Criminal Law & Procedure, Evidence
Defendants' convictions for violating the Mine Safety and Health Act are affirmed over their claim that the admission of testimony from a government...

Cluxton v. Fifth Third Bank

Bankruptcy Law, Property Law & Real Estate
The bankruptcy court properly found plaintiff-debtor's mobile home to be part of the real property, and, consequently, his proposed "cramdown" of the...

US v. Davidson

Criminal Law & Procedure, Sentencing
Defendants' sentences are vacated where, pursuant to US v. Booker, 125 S.Ct. 738 (2005), the district court plainly erred in applying enhancements, on...