United States Sixth Circuit - Opinion Summaries

STEELTECH, LTD. v. US ENVTL. PROT. AGENCY

Environmental Law
Under the Emergency Planning and Community Right-to-Know Act, 42 USC 11001-11050, calculating the civil penalty by means of the Environmental Response...

US v. TURNER

Criminal Law & Procedure
Evidence that defendants robbed a victim who ran an illegal lottery out of his home is insufficient to show an affect on interstate commerce under the...

US v. KING

Criminal Law & Procedure, Sentencing
The means by which guilt is determined, whether a plea bargain or guilty verdict, does not affect a court's plain error review of an Apprendi error.

BOVEE v. COOPERS & LYBRAND C.P.A.

Civil Procedure, Securities Law
A court should consider a plaintiff's amended complaint when determining whether to dismiss it where amended complaint has substantially more detail.

US v. SAARI

Criminal Law & Procedure
Pointing a gun at defendant standing in the entrance of his apartment and ordering him to exit the apartment is an arrest, not an investigative stop...

IN RE: SWALLEN'S, INC.

Bankruptcy Law
Bankruptcy court does not have the authority, over the objections of creditors, to order distribution of the assets of an estate under 11 USC 507 in...

GROSS v. COMM'R OF INTERNAL REVENUE

Tax Law
Tax affecting unavailable to discount value of S-corporation stocks in gift tax calculation prior to 1992.

BULLS v. JONES

Criminal Law & Procedure, Habeas Corpus
Erroneous admission of non-testifying co-defendant's testimony that everything would be fine as long as another co-defendant did not kill victim,...

CORNIST v. B.J.T. AUTO SALES, INC.

Consumer Protection Law
Under the Truth in Lending Act, 15 USC 1601 et seq., the "systematic" disparity requirement is not an element of the cause of action for undisclosed...

MAXIMUM HOME HEALTH CARE, INC. v. SHALALA

Health Law
Under 42 USC 1395x(v)(1)(A) of the Medicare Act, the prudent buyer concept does not include competitive bidding as a component for determining whether...