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| Matilla v. S. Ky. Rural Elec. Coop. Corp., Case No. 06-5769,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 22, 2007, Filed
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Overview: Summary judgment for electric cooperative was proper in negligence action because injured individual failed to establish that cooperative had duty to de-energize line that supplied energy to unoccupied residence. District court properly excluded under Fed. R. Civ. P. 37(c)(1) an untimely supplemental expert opinion that supported the claim of duty.
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| United States v. Davis, Nos. 06-5073 / 06-5074,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 22, 2007, Decided , June 22, 2007, Filed
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Overview: In trial for aiding and abetting Medicare fraud, 18 U.S.C.S. § 1347, district court did not abuse discretion in excluding evidence that oxygen received by coal miners was medically necessary; medical-necessity evidence was not relevant to conviction, which was based on jury's determination that defendant filed Medicare claims with fraudulent data.
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| United States v. McAuliffe, No. 06-3016,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 22, 2007, Decided , June 22, 2007, Filed
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Overview: Defendant's convictions were affirmed because the evidence at trial overwhelmingly demonstrated that he used fire to commit mail fraud under 18 U.S.C.S. § 844(h) when he initiated a fire of his residence as part of a scheme to deceive an insurance company into making payments for claimed losses.
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| United States v. Moore, No. 06-5807,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 22, 2007, Filed
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Overview: Sentencing enhancement under U.S. Sentencing Guidelines Manual § 2K2.1(b)(5) was affirmed because the government had shown by a preponderance of the evidence that defendant possessed the 28 firearms in connection with the 1.73 kilograms of marijuana he possessed with intent to distribute.
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