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Federal Courts -
6th Circuit Court of Appeals - June 8 - June 9, 2006
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Fortis Corporate Ins. v. Viken Ship Management, No. 05-3792,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 8, 2006, Decided , June 8, 2006, Filed
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Overview: District court erred as a matter of law when it ruled that it lacked personal jurisdiction over the owners because the third party charterer was Canadian since the owners derived the same benefit, and hence their contacts with the forum state are the same, regardless of whether they were working with an American or a Canadian company.
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United States v. Certain Land Situated in the City of Detroit, No. 04-1052,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 8, 2006, Decided , June 8, 2006, Filed
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Overview: District court properly looked to the Declaration of Taking Act, 40 U.S.C.S. § 258a (re-codified as 40 U.S.C.S. § 3114) in fixing the appropriate interest rate on the deficiency where while the company could have been better off had the money been tied to different indices, the adoption of the statutorily required rate was not clear error.
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Chao v. Akron Insulation & Supply, Inc., No. 05-3647,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 9, 2006, Filed
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Overview: Time spent clocking in, receiving assignments, assembling work crews, and loading trucks at the shop before going to the work site, as well as time spent waiting, was compensable under the FLSA because it was for the employer's benefit. Travel time between the shop and the work site was also compensable and could not be contracted away.
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