United States Sixth Circuit - Opinion Summaries

FOSTER v. HALTER

Government Benefits
Because appellant did not establish that her impairment meets or equals the applicable listing for mental retardation, the ALJ properly denied...

US v. HUMPHREY

Criminal Law & Procedure, Sentencing
An upward adjustment of defendant-s offense level under U.S.S.G. section 3B1.3, for abuse of a position of trust or use of a special skill, was not...

F.R.C. INT'L, INC. v. US

Environmental Law, Tax Law
Where the plaintiff-s "removal" of an Ozone-Depleting Chemical ("ODC"), following its purchase from the Peoples' Republic of China, was merely a...

COBB v. TIME, INC.

Communications Law, Constitutional Law, Injury & Tort Law
In libel action by a boxer against a publication, there was insufficient evidence to support a finding of actual malice on the part of the defendant...

US v. BARNES

Criminal Law & Procedure, Sentencing
Even if sentencing court implied that it would not have accepted recommendation made by the government in a plea agreement, government's breach of...

IN RE: DOW CORNING CORP.

Bankruptcy Law, Civil Procedure
Under certain circumstances, a bankruptcy court may enjoin a non-consenting creditor's claim against a non-debtor to facilitate a Chapter 11 plan of...

NATIONWIDE MUT. INS. CO. v. THE HOME INS. CO.

Civil Procedure, Contracts, Dispute Resolution & Arbitration
In reviewing an arbitration decision, where the party against whom costs were assessed had notice of its opponent-s claims and an opportunity to...

CDI INFO. SERV., INC. v. RENO

Immigration Law
Pursuant to 8 U.S.C. section 1252(a)(2)(B)(ii), a discretionary decision by the INS to deny an application for an extension of an H1-B non-immigrant...

PRYOR v. US

Criminal Law & Procedure
The one-year limitation period applicable to a motion to set aside a conviction for using or carrying a firearm during and in relation to a drug...

US v. SMITH

Criminal Law & Procedure, Sentencing
Where it was unclear whether the sentencing court knew it had the discretion to make a downward departure from sentencing guidelines if it determined...