United States Sixth Circuit - December 2008 Opinion Summaries

US Motors v. Gen. Motors Europe

Civil Procedure
District court correctly dismissed this case, brought by domestic and foreign plaintiffs against a foreign defendant, for lack of subject matter...

Brown v. Smith

Criminal Law & Procedure, Evidence, Habeas Corpus
AEDPA deference does not apply with respect to convicted sex offender's habeas claim because the counseling notes that formed the basis of his...

Doe v. SexSearch.com

Contracts, Criminal Law & Procedure, Cyberspace Law, Injury & Tort Law
District court correctly dismissed this suit, brought against an online adult dating service by one of its subscribers. Plaintiff failed to state a...

Freeman v. Blue Ridge Paper Prods., Inc.

Civil Procedure, Class Actions, Environmental Law
The Class Action Fairness Act prevents plaintiffs from artificially structuring their suits to avoid federal jurisdiction. There is no colorable basis...

In re: Sanders

Bankruptcy Law, Civil Procedure
Debtor who received a chapter 7 discharge less than four years ago is eligible for a chapter 13 discharge because his chapter 7 petition was filed...

Grain v. Trinity Health, Mercy Health Servs. Inc.

Attorney's Fees, Contracts, Dispute Resolution & Arbitration, Health Law, Labor & Employment Law, Remedies
In a suit brought by husband and wife medical doctors against former employer-hospital and related defendants for taking a variety of "punitive...

Cherry Hill Vineyards, LLC v. Lilly

Civil Rights, Commercial Law, Constitutional Law
An intervenor does have standing to appeal an adverse judgment, even if the state declines to appeal it, if the intervenor can independently...

US v. White

Criminal Law & Procedure, Sentencing
A district court's practice of looking to conduct underlying the acquitted counts to enhance defendant's offense level under the Sentencing Guidelines...

Warehouse, Prod., Maint. & Misc. Employees, etc. v. Zenith Logistics, Inc.

Civil Procedure, Contracts, Dispute Resolution & Arbitration, Labor & Employment Law
In a union's action against defendant-Kroger seeking to compel its participation in an arbitration conducted pursuant to the union's collective...

Iroquois on the Beach, Inc. v. Gen. Star Indem. Co.

Contracts, Insurance Law, Property Law & Real Estate
In an action brought against defendant-insurer by a seasonal hotel insured under an "all risk" policy raising claims for water and wind damage losses...