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| Albert M. Higley Co. v. N/S Corp., No. 05-3393,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 17, 2006, Decided , April 17, 2006, Filed
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Overview: The denial of a subcontractor's motion to stay a breach of contract action and compel arbitration was affirmed because a primary contractor's interpretation of an arbitration clause was correct and it was at their sole discretion whether the dispute was to be resolved through arbitration or litigation.
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| Matthews v. Storgion, Nos. 05-5219; 05-5220,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 17, 2006, Filed
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Overview: In action under Tenn. Code Ann. § 47-50-109 for procurement of breach of contract, which arose from alleged action of physician's attorney in causing expert witness to withdraw from testifying in underlying medical malpractice action, attorney was not entitled to summary judgment; malpractice insurer, however, could not be held vicariously liable.
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| Schack v. City of Taylor, No. 05-1481,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 17, 2006, Filed
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Overview: City and officers were improperly denied summary judgment on claims arising from the death of a decedent who hit his head on the wall of a detoxification cell; the officers' placement of the decedent in the cell did not amount to a Fourteenth Amendment violation or gross negligence under Mich. Comp. Laws § 691.1407(7)(a)
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| United States v. Jones, No. 05-5657,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 17, 2006, Decided , April 17, 2006, Filed
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Overview: Despite the applicability of U.S. Sentencing Guidelines Manual § 5K2.23, and district court's awareness that defendant had already served a state sentence for the same conduct, it was not unreasonable for district court to sentence defendant to 12 months of imprisonment in light of the gravity of the offense and his extensive criminal history.
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| ADSA, Inc. v. Ohio, Case No. 04-4525,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 18, 2006, Filed
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Overview: District court properly dismissed a lawsuit sua sponte for lack of subject matter jurisdiction; where a charity challenged a state judge's order appointing a receiver over and authorizing the seizure of the charity's assets, the charity sought review of a state-court order and the Rooker-Feldman doctrine barred the lawsuit.
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| Barrett v. JP Morgan Chase Bank, N.A., Nos. 05-5035/5146,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 18, 2006, Decided , April 18, 2006, Filed
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Overview: In borrowers' action seeking to rescind two loan transactions with bank pursuant to 15 U.S.C.S. § 1635 of TILA, district court erred in holding that right to rescind was extinguished by refinancing of loans; right to rescind gave borrowers not only right to release security interest in home but also right to recover fees incurred in transaction.
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| Fulcher v. Motley, No. 03-6216,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 18, 2006, Decided , April 18, 2006, Filed
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Overview: Court of appeals found that a state inmate who sought habeas relief under 28 U.S.C.S. § 2254 was entitled to that relief because the Supreme Court of Kentucky misapplied federal law when it found that the inmate's rights under the Confrontation Clause were not violated during his murder trial, and it directed the district court to issue the writ.
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| Marshall v. Comm'r of Soc. Sec., No. 05-5492,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 18, 2006, Decided , April 18, 2006, Filed
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Overview: Where appellate court determined that administrative law judge's decision was judgment that qualified as judgment on merits for purposes of prevailing party status under EAJA, 28 U.S.C.S. § 2412(d)(1)(A), and where court could not determine whether Commissioner of Social Security's denial of benefits was substantially justified, case was remanded.
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| Rehab. Inst., Inc. v. Mich. United Food & Commer. Workers Health & Welfare Funds, No. 05-1534,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 18, 2006, Filed
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Overview: Where the district court had improperly interpreted an ERISA plan when it determined that because a father had not claimed a son, who sought rehabilitative services, had to claim the son on that year's income tax return, the appellate court remanded to allow determination whether the son was primarily dependent on the father for that year.
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| Van Hook v. Anderson, No. 03-4207,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 18, 2006, Decided , April 18, 2006, Filed
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Overview: Inmate's constitutional rights were violated and incriminating statements he made in Florida jail had to be suppressed; inmate asked for attorney, whereupon Florida police ceased questioning him, Cincinnati detectives knew, upon arrival at Florida jail, that inmate had invoked right to counsel, and inmate did not initiate contact with police.
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