United States Sixth Circuit - Opinion Summaries

HINDALL v. WINDERTHUR INT'L

Contracts, Insurance Law
An offer and rejection of uninsured/underinsured motorist ("UM/UIM") coverage were invalid, and UM/UIM coverage therefore arises by operation of Ohio...

CLARK v. CHUBBS GROUP OF INS. COS.

Contracts, Insurance Law
Case is remanded to the district court so that it may determine whether the plaintiffs can overcome the presumption of prejudice that attaches to...

US v. ROCHA

Criminal Law & Procedure, Immigration Law
The district court did not clearly err in finding that petitioner's waiver of his right to contest the ground on which he was deportable was...

GOLDMEIER v. ALLSTATE INS. CO.

Civil Rights, Labor & Employment Law
Summary judgment for a former employer is affirmed in an action for religious discrimination in violation of both federal and Ohio state law, as...

US v. DARWICH

Criminal Law & Procedure, Sentencing
A sentence is vacated where the district court erroneously found that necessary drug quantity was proven beyond a reasonable doubt, and the court...

SHAH v. RACETRAC PETRO. CO.

Consumer Protection Law, Contracts, Oil and Gas Law
A franchise agreement existed, plaintiffs qualify as "dealers" under the Tennessee Petroleum Trade Practices Act, and issues of fact exist as to...

JURADO v. BURT

Criminal Law & Procedure, Habeas Corpus
Under the five-factor test set forth in Andrews v. Orr, 851 F.2d 146, equitable tolling should not apply to the period during which a habeas...

ROBERTS v. CARTER

Criminal Law & Procedure, Habeas Corpus
Because petitioner never raised the due process component of a claim for habeas relief to the Ohio courts, this claim is procedurally defaulted. The...

KELLOGG CO. v. TOUCAN GOLF, INC.

Commercial Law, Intellectual Property, Trademark
In a Lanham Act claim, 1) use of a word mark did not create likelihood of confusion among consumers as defendant's use of its mark is in an industry...

HUSVAR v. RAPOPORT

Civil Procedure, ERISA
The fact that plaintiffs' complaint referenced actions that ultimately resulted in diminution in value of the assets of plaintiffs' retirement plan...