United States Sixth Circuit - December 2008 Opinion Summaries

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Description Date Docket #

Brown v. Smith

United States Sixth Circuit
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...
12/31/2008 06-2295

US Motors v. Gen. Motors Europe

United States Sixth Circuit
Civil Procedure
District court correctly dismissed this case, brought by domestic and foreign plaintiffs against a foreign defendant, for lack of subject matter...
12/31/2008 07-2472

Doe v. SexSearch.com

United States Sixth Circuit
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...
12/30/2008 07-4182

In re: Sanders

United States Sixth Circuit
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...
12/29/2008 08-1201

Freeman v. Blue Ridge Paper Prods., Inc.

United States Sixth Circuit
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...
12/29/2008 08-6321

US v. White

United States Sixth Circuit
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...
12/24/2008 05-6596

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

United States Sixth Circuit
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...
12/24/2008 08-1410

Cherry Hill Vineyards, LLC v. Lilly

United States Sixth Circuit
Civil Rights, Commercial Law, Constitutional Law
(Industry: Food & Beverage, Wholesale)

An intervenor does have standing to appeal an adverse judgment, even if the state declines to appeal it, if the intervenor can independently...
12/24/2008 07-5128

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

United States Sixth Circuit
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...
12/23/2008 07-2458, 07-2495

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

United States Sixth Circuit
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...
12/23/2008 08-3267