United States Sixth Circuit - August 2005 Opinion Summaries

State Farm v. McGowan

Injury & Tort Law, Insurance Law
Plaintiff-insurer is obligated to defend defendant in a personal injury action where the district court did not err in concluding that defendant's...

US v. Carr

Constitutional Law, Criminal Law & Procedure, Sentencing
Defendant's due process rights were not violated, and he was not denied the right of allocution, when the district court issued an amended sentencing...

Deja Vu v. Metro. Gov't of Nashville

Attorney's Fees, Constitutional Law, Government Law
In a suit for attorney's fees, defendant-City's permanent enjoinment from enforcing its ordinance is a legally sanctioned change in the relationship...

Hertzel v. Educ. Credit Mgmt. Corp.

Bankruptcy Law, Education Law
The bankruptcy court properly granted plaintiff-debtor a discharge of her student loans where excepting the loan from discharge would impose an undue...

Schilling v. Heavrin

Bankruptcy Law, Insurance Law
The bankruptcy court properly concluded that plaintiff could avoid the fraudulent transfer of a life insurance policy and recover the value of the...

Estate of Riddle v. S. Farm Bureau Life Ins. Co.

Insurance Law
In an insurance coverage dispute, a jury verdict finding that defendant-insurance company had reviewed decedent's life insurance policy in bad faith...

Wu v. T.W. Wang, Inc.

Civil Procedure, Injury & Tort Law
In a suit for false-light invasion of privacy, the district court abused its discretion in dismissing plaintiff's complaint for failure to prosecute.

Odle v. Decatur County

Constitutional Law, Government Law
Defendant-County's ordinance, which prohibits nudity and the performance of a wide range of arguably sexually suggestive acts in public places where...

Samad v. Bell

Criminal Law & Procedure, Sentencing
Death row inmate raises six meritless points of error on direct appeal.

Baston v. Bagley

Criminal Law & Procedure, Sentencing
Defendant's sentence of death is affirmed over his claim that the sentencing court considered improper aggravating factors and failed to consider the...