United States Sixth Circuit - September 2008 Opinion Summaries

Nixon v. Wilmington Trust Co.

Civil Procedure, Contracts, Injury & Tort Law, Judgement Enforcement
In an action raising claims for breach of fiduciary duty, breach of contract, and respondeat superior liability against defendant-trustee, dismissal...

Davis v. Michigan Bell Tele. Co.

Communications Law, Health Law, Labor & Employment Law
In an FMLA action, summary judgment for defendant-employer is affirmed over claims that: 1) the district court erred in finding plaintiff ineligible...

Smith v. Berghuis

Criminal Law & Procedure, Habeas Corpus
Denial of a petition for habeas relief from a conviction and life sentence for second degree murder and felony possession of a firearm is reversed...

US v. Polihonki

Criminal Law & Procedure, Sentencing
A sentence imposed following revocation of defendant's supervised release is affirmed over defendant's claim that the sentence, which was two months...

US v. Shank

Criminal Law & Procedure, Evidence
In a prosecution for use of a firearm during and in relation to a drug trafficking crime, denial of defendant's motion to suppress evidence is...

Niemi v. NHK Springs Co., Ltd.

Civil Procedure, Commercial Law, Contracts, Trade Secrets, Transportation
In a suit for misappropriation of trade secret, breach of contract, and promissory estoppel involving a method of manufacturing stabilizer bars for...

US v. Hodson

Criminal Law & Procedure, Evidence
In an appeal arising from a district court's denial of a defendant's motion to suppress evidence seized pursuant to a warrant, the circuit court rules...

Assoc. Builders & Contractors v. Michigan Dep't of Labor & Econ. Growth

Civil Procedure, ERISA, Government Law, Labor & Employment Law
ERISA does not preempt two provisions of a Michigan law governing the training of apprentice electricians since, under applicable Supreme Court...

Fieger v. US Attorney Gen.

Administrative Law, Criminal Law & Procedure, Elections, Government Law
In an action challenging an ongoing grand jury investigation into plaintiffs' alleged violation of federal campaign finance laws, dismissal with...

Hunt v. Sycamore Cmty. Sch. Dist. Bd. of Educ.

Civil Rights, Education Law, Government Law, Injury & Tort Law, Labor & Employment Law
In a 42 U.S.C. section 1983 action alleging that defendants violated plaintiff's right to substantive due process by subjecting her to dangerous...