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   Federal Courts - 6th Circuit Court of Appeals - March 1, 2006

  
Adell v. John Richards Homes Bldg. Co., L.L.C. (In re John Richards Homes Bldg. Co., L.L.C.), No. 04-2154, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 1, 2006, Decided , March 1, 2006, Filed
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Overview: Where a bankruptcy court found that a creditor filed an involuntary petition in bad faith, in calculating the amount of compensatory damages under 11 U.S.C.S. § 303(i) of $ 4,100,000, the court properly allowed evidence of historical sales data from the alleged debtor's affiliated companies, and $ 2,000,000 in punitive damages was also proper.

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Martin v. Comm'r of Soc. Sec., No. 04-4551, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 1, 2006, Filed
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Overview: A magistrate judge did not err in denying an internist's opinion increased weight, and did not err in considering a physiatrist a treating doctor; and given the highly deferential standard for reviewing an ALJ's decision relating to a denial of Social Security benefits, the decision was supported by substantial evidence.

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Mitchell v. Boelcke, No. 04-2219, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 1, 2006, Decided , March 1, 2006, Filed
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Overview: District court erred in denying Fed. R. Civ. P. 59(a) motion for new trial following jury verdict for police officers in § 1983 action for violation of Fourth Amendment right to be free from unreasonable detention; evidence did not show that officers had reasonable suspicion to believe arrestee was involved in neighborhood assault and robbery.

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United States v. Hill, No. 04-6206, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 1, 2006, Decided , March 1, 2006, Filed
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Overview: District court properly sentenced defendant under Armed Career Criminal Act, 18 U.S.C.S. § 924(e), and U.S. Sentencing Guidelines Manual § 4B1.4 upon guilty plea to violating 18 U.S.C.S. § 922(g); two prior burglaries, perpetuated in temporal and physical proximity, were committed on different occasions and not part of single criminal episode.

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United States v. Khouri, No. 04-4338, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 1, 2006, Filed
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Overview: A refusal to grant a withdrawal of a guilty plea, Fed. R. Crim. P. 11, and a reduction for acceptance of responsibility, U.S. Sentencing Guidelines Manual § 3E1.1, was not an error where defendant had committed a second bank robbery after he had entered a plea agreement on a first bank robbery, but before he had been sentenced.

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