United States Sixth Circuit - Opinion Summaries

RICHARDS v. CONSOL. RAIL CORP.

Injury & Tort Law, Labor & Employment Law, Transportation
Courts in Federal Safety Appliances Act cases should focus on whether a reasonable jury could conclude that a defective railroad appliance played any...

CINCINNATI INS. CO. v. ZEN DESIGN GROUP, LTD.

Commercial Law, Insurance Law, Intellectual Property
An insurer had a duty to defend where a complaint of infringement of a slogan "arguably" stated a claim for liability for an advertising injury under...

US v. NINETY-THREE FIREARMS

Administrative Law, Asset Forfeiture, Civil Procedure, Constitutional Law, Property Law & Real Estate
Either an administrative or a judicial forfeiture action brought within 120 days of a seizure will toll the 18 U.S.C. section 924(d)(1) deadline for...

ISLE ROYALE BOATERS ASS'N v. NORTON

Environmental Law, Property Law & Real Estate, Water Law
The addition, removal, and relocation of docks proposed in a National Park Service General Management Plan was within the discretion granted by the...

US v. WHEELER

Criminal Law & Procedure, Sentencing
District court properly included a post-revocation sanction in calculating criminal history points for defendant's prior sentence, assessing three...

SHERWIN-WILLIAMS CO. EMPLOYEE HEALTH PLAN TRUST v. COMM'R OF INTERNAL REVENUE

Health Law, Labor & Employment Law, Tax Law
The limit contained in 26 U.S.C. section 512(a)(3)(E), on the amount of tax-exempt income an employee health plan trust can receive from its...

US v. DANIEL

Criminal Law & Procedure
A wire fraud conviction under 18 U.S.C. section 1343 is affirmed, as the government presented sufficient evidence of 1) several material...

ADAMS v. HOLLAND

Criminal Law & Procedure, Habeas Corpus
Tennessee Supreme Court Rule 39 rendered Tennessee Supreme Court review "unavailable" in the context of habeas relief, and Rule 39 does not operate...

MICHIGAN BELL TEL. CO. v. MFS INTELENET OF MICHIGAN, INC.

Administrative Law, Communications Law, Contracts, Public Utilities
A state administrative ruling requiring an incumbent local exchange carrier to provide reciprocal compensation to competing carriers did not violate...

KOHUS v. MARIOL

Copyright, Intellectual Property
Determining substantial similarity in copyright infringement cases requires identifying which aspects of the artist's work, if any, are protectible by...