United States Sixth Circuit - Opinion Summaries

BLAKELY v. US

Injury & Tort Law
Under the Federal Torts Claims Act where plaintiffs allege the government committed fraud in a civil forfeiture, a petition for remission of the...

LAC VIEUX LAKE BAND v. MICHIGAN GAMING CONTROL BD.

Constitutional Law
Detroit City Code 18-13-6(a)(2), which gave preferences for gambling licenses to companies that helped legalize off-reservation gambling in the state...

FORD v. CURTIS

Criminal Law & Procedure, Habeas Corpus
Admission of evidence that defendant in murder case was on the F.B.I's Ten Most Wanted List is harmless error when there is overwhelming evidence of...

ROGERS v. T.J. SAMSON CMTY. HOSP.

Health Law, Professional Malpractice
Kentucky Revised Statute 340.40-320 imposes a duty on a hospital and its nurses to obtain full informed consent from patients before any surgery is...

US v. MATTHEWS

Criminal Law & Procedure
Suspect who fled, after officer asked him to stop, and committed trespass while attempting to flee, may not suppress evidence found after the...

POPOVICH v. CUYAHOGA COUNTY COURT OF COMMON PLEAS

Civil Rights, Constitutional Law
States are not immune, under the 11th Amendment, from Title II of the Americans with Disabilities Act of 1990, 42 USC 12132, for a claim based on the...

HOWARD v. CITY OF BEAVERCREEK

Property Law & Real Estate
Under 42 USC 3604(f)(3)(B) of the Fair Housing Amendments Act of 1988, evidence that certain housing accommodations "may" help homeowner with...

MILLS v. RIVER TERMINAL RY. CO.

Injury & Tort Law
Ohio indemnity law allows a passive tortfeasor to seek recovery from an active tortfeasor for a claim under the Federal Employers' Liability Act,...

PREFERRED PROPS., INC. v. INDIAN RIVER ESTATES, INC.

Civil Rights
Punitive damages are available for Fair Housing Act claims even if defendant's conduct is not egregious misconduct.

ISRAFIL v. RUSSELL

Criminal Law & Procedure, Habeas Corpus
Under 28 USC 2244(d)(2), a state court holding that a post-conviction motion was untimely under state law will preclude any tolling for filing a...