United States Sixth Circuit - Opinion Summaries

PEABODY COAL CO. v. GROVES

Workers' Compensation
Under the Black Lung Benefits Act, 30 USC 901-962, an administrative law judge's initial denial of benefits despite the opinions of the miner's...

AYERS v. US

Admiralty
The Suits in Admiralty Act, 46 USC 741-752, applies to a claim that a river lock master negligently discharged water, causing drowning death of a...

US v. GONZALEZ-VELA

Criminal Law & Procedure, Sentencing
A prior Kentucky misdemeanor conviction for sexual abuse of a minor, under KRS 510.120, constitutes an "aggravated felony" under USSG 2L1.2(b)(1)(A)...

US v. RALEIGH

Criminal Law & Procedure, Sentencing
USSG 2K2.1(b)(4), a sentence enhancement for a felon in possession of a stolen firearm, may apply to a conviction under 18 USC 922(j), where the...

SCHWARTZ v. SUN CO., INC.

Antitrust & Trade Regulation
Under the Robinson-Patman Act, 15 USC 13(a), if distributor fails to prove that its two-tiered pricing was justified, evidence that retailer suffered...

KELLER v. CENT. BANK OF NIGERIA

International Law
Under the Foreign Sovereign Immunities Act, foreign sovereigns immune from criminal prosecution are also immune from civil RICO actions based on those...

US v. HOUGH

Criminal Law & Procedure, Sentencing
Under USSG 2D1.1(b)(1), evidence that defendant drug dealer had guns in apartment he leased and resided in is sufficient to support a gun enhancement...

ELWELL v. UNIV. HOSPS. HOME HEALTH CARE SERVS.

Labor & Employment Law
A compensation plan that combines fee payments and hourly compensation, does not qualify as a fee basis exemption for "professional" employees under...

HOWARD v. COMM'R OF SOC. SEC.

Government Benefits
A procedure under Fed. R. Civ. P. 60(b) for remand for new evidence discovered during the pendency of an appeal also applies to motions brought under...

MT. LEBANON PERS. CARE HOME, INC. v. HOOVER UNIV., INC.

Injury & Tort Law
The economic loss rule applies to bar a tort claim in a case that involves a business purchase under Kentucky law.