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Federal Courts -
6th Circuit Court of Appeals - March 21, 2007
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Cook v. Comm'r of Soc. Sec., No. 06-5429,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 21, 2007, Decided , March 21, 2007, Filed
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Overview: Complaint challenging a Social Security benefits decision was properly dismissed as untimely because although claimant filed one day late, he was not entitled to equitable tolling because he had actual notice of the filing requirements, failed to rebut the presumption that the notice arrive within five days of its issuance, and offered no excuse.
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Lichtefeld v. Mactec Eng'g & Consulting, Inc., Case No. 05-5884,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 21, 2007, Filed
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Overview: Where a former landlord sued his former tenant for allowing, or causing, disrepair to a building that caused it to sell for a lower price, the case was remanded on the issue of damages because the district court should have applied the "lesser-of" rule, limiting damages to the lesser of the cost of repair or the diminution in value of the building.
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United States v. Kennedy, No. 06-3029,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 21, 2007, Filed
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Overview: Even if a juror had slept through the jury instructions, defendant failed to show, or even allege, that such behavior had a prejudicial effect on his defense thus violating the Fifth Amendment. Additionally, the jurors received a written copy of the instructions to review during deliberations, which cured any prejudice defendant may have suffered.
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