United States Sixth Circuit - Opinion Summaries

BUXTON v. HALTER

Government Benefits
Petitioner is not entitled to disability benefits under 42 USC 423(a)(1)(D) where, despite medical evidence to support impairment, claimant's...

SMOOT v. UNITED TRANSP. UNION

Communications Law, Injury & Tort Law
A corporation and a union have standing to bring claims or counterclaims as a "person" under the Federal Wiretap Act, 18 USC 2510, on grounds that...

FRANKLIN v. CITY OF KETTERING

Labor & Employment Law
Police officers are not entitled to additional overtime compensation under Section 7(k) of the Fair Labor Standards Act where their collective...

CHARVAT v. E. OHIO REG'L WASTEWATER AUTH.

Civil Rights, Environmental Law
The whistleblower provisions of the Clean Water Act and the Safe Drinking Water Act do not preclude an employee from bringing suit under 42 USC 1983...

INTERNAL REVENUE SERV. v. HILDEBRAND

Bankruptcy Law, Civil Procedure
A district court's decision remanding to a bankruptcy court for further proceedings is not reviewable on appeal unless the district court has...

BE&K CONSTR. CO. v. NAT'L LABOR RELATIONS BD.

Labor & Employment Law
Non-employee union may petition government agencies for health and safety provisions to protect non-union employees and subcontractor employees under...

NEUSER v. HOCKER

Insurance Law
Insurance company's failure to inform insured that it could file a flood damage claim once the threat of erosion became apparent did not cause loss...

US v. HARPER

Criminal Law & Procedure, Sentencing
In determining whether to grant a downward adjustment for acceptance of responsibility in sentencing under USSG 3E1.1, a court may consider...

PERKINS v. AM. ELEC. POWER FUEL SUPPY, INC.

Admiralty
Evidence that safety ropes or handrails were not on ship is sufficient to support claim of inadequate safety procedures even though there are no...

SEARCY v. CARTER

Criminal Law & Procedure, Habeas Corpus
A petitioner cannot indefinitely delay the running of the one-year statute of limitations in a federal habeas action under 28 USC 2244(d)(1) and (2)...