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| Am. & Foreign Ins. Co. v. Sequatchie Concrete Servs., No. 04-6524,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 10, 2006, Decided , February 10, 2006, Filed
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Overview: The "loss-in-progress doctrine" barred coverage under a commercial policy because (1) at the time of the policy's inception, the insured knew about damages that could underlie third parties' claims against it; and (2) the Tennessee Supreme Court would adopt the Sixth Circuit's definition of the loss-in-progress doctrine.
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| Boone v. Warren, No. 04-5449,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 10, 2006, Filed
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Overview: Kentucky, as purchaser of property that was subject of quiet title action, was not a necessary party under Fed. R. Civ. P. 19. Also, district court properly ruled that plaintiffs, the sellers, were rightful owners by virtue of adverse possession and that defendants' claims were barred by res judicata based on prior action involving same parcel.
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| Khora v. Gonzales, No. 04-4182,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 10, 2006, Filed
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Overview: Substantial evidence supported BIA's decision that following the collapse of the government of Saddam Hussein, conditions in Iraq had fundamentally changed such that petitioner no longer had a well-founded fear of persecution; however, petitioner was advised to file a motion to reopen before the BIA due to allegedly worsening country conditions.
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| Morrison v. Marsh & McLennan Cos., No. 04-2011,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 10, 2006, Decided , February 10, 2006, Filed
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Overview: Dismissal of an ERISA action was affirmed because the benefits claim was time-barred where there was an enforceable three-year limitations provision and the claim accrued when the decision to deny portable term coverage was made, and because plaintiff widow was neither a participant nor beneficiary, she lacked standing to sue for penalties.
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| Nash v. Eberlin, No. 05-3499,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 10, 2006, Decided , February 10, 2006, Filed
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Overview: Although Sixth Circuit did not have an absolute rule that a habeas court must review the entire state-court record, district court could not properly assess the sufficiency of the evidence in a state prisoner's case without reviewing the entire trial transcript. Thus, it should have required submission of the transcript under 28 U.S.C.S. § 2254(f).
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| Sigley v. City of Parma Heights, No. 05-3055,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 10, 2006, Decided , February 10, 2006, Filed
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Overview: Summary judgment for a detective in a 42 U.S.C.S. § 1983 action was inappropriate where conflicting views of the facts showed that there were unresolved factual issues regarding whether the detective was chasing the decedent's car or the car was turning into him when he shot the decedent.
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| United States v. Alford, No. 04-6117,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 10, 2006, Decided , February 10, 2006, Filed
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Overview: Although the district court sentenced defendant as if the federal sentencing guidelines were mandatory, the district court's error was harmless; given the district court's actions and explanation at sentencing that defendant was a danger to society, appellate court was convinced that a more lenient sentence would not have been imposed on remand.
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