United States Sixth Circuit - Opinion Summaries

FLINT v. KENTUCKY DEP'T OF CORR.

Civil Rights
Prison officials are not entitled to qualified immunity for the failure to separate prisoners after one had threatened to kill the plaintiff prisoner.

APPOLO FUELS, INC. v. BABBITT

Environmental Law
Under the Surface Mining Control and Reclamation Act, a mine operator must compact the backfill for mines to insure that its highwalls would not be...

NEAL v. JANSSEN

Civil Procedure
In a fraud and breach of fiduciary duty lawsuit, allegedly fraudulent phone calls and faxes to the victim in the forum state is sufficient minimum...

BAYER CORP. v. MASCOTECH, INC.

Bankruptcy Law
Debtor's representation to second secured creditor that third party loans to first secured creditor were intended bridge loans for debtor will not...

HERMAN MILLER, INC. v. PALAZZETTI IMPORTS & EXPORTS, INC.

Injury & Tort Law
Michigan law recognizes a post-mortem right of publicity.

MANNING v. HUFFMAN

Criminal Law & Procedure, Habeas Corpus
Evidence that defense counsel did not object to alternate jurors participating in deliberations, and that the alternate jurors did participate, is...

VAUGN v. LAWRENCEBURG POWER SYS.

Constitutional Law, Labor & Employment Law
Public utility's policy requiring one spouse to resign if employees married each other does not violate the constitutional right to marriage.

ALE v. TENNESSEE VALLEY AUTH.

Labor & Employment Law
In determining whether employees are exempt from overtime wage requirements under the Department of Labor's "short test", courts must focus on the...

DALEURE v. COMMONWEALTH OF KENTUCKY

Civil Procedure
Different theories of damages for the same underlying injury do not constitute "multiple claims" under Federal Rule of Civil Procedure Rule 54(b) such...

PEVELER v. US

Criminal Law & Procedure, Habeas Corpus
The Supreme Court's decision in Bailey v. United States, 516 U.S. 137, 144 (1995), regarding the use of firearms in drug trafficking cases, is not so...