U.S. Sixth Circuit - FindLaw

U.S. Sixth Circuit - The FindLaw 6th Circuit Court of Appeals Opinion Summaries Blog


Your employee IRA accounts are still safe under Chapter 7 Bankruptcy, according to a decision by the Sixth Circuit on Monday.

The Daley v. Mostoller Court reaffirmed common knowledge in bankruptcy practice, that individual retirement accounts (IRAs) are “off limits from tax collectors and creditors in bankruptcy,” unless they’ve been used in a prohibited way.

What does the Sixth Circuit consider a prohibited use of an IRA?

Retired patrolman Jim Simone didn't get any help from the Sixth Circuit, as the court ruled Wednesday to affirm the lower court's denial of summary judgment in a civil rights suit against the Cleveland cop.

The case involves Simone using a stun gun on a suspect, Rafael Correa, who he suspected of having a gun, despite the Correa's compliance with the officer during the arrest, reports The Plain Dealer. The Sixth Circuit also took some time to elucidate some fun facts about Tasers and police procedure before booting Simone back down to the district court.

The Black Lung Benefits Act (BLBA) of 1973 provides monthly assistance and medical benefits to black lung sufferers ... if they've applied in time that is.

In a decision Monday in Peabody Coal Company v. Director, Office of Workers' Compensation Programs, et al. ("Brigance"), the Sixth Circuit stated that the statute of limitations for filing a claim under the BLBA properly began to run after a medical report informed a suffering former miner that he had pneumoconiosis (black lung).

Dog sniffs often lead to the most damning evidence in a drug case, and getting that evidence suppressed can be the difference between a conviction and an acquittal or plea bargain for many defense attorneys.

Although the metaphor may grow on you (ka-wink!), the fruit of the poisonous tree doctrine is still alive and well, but the Sixth Circuit refuses to extend its toxic branch to certain dog sniff cases.

In a decision Tuesday issued by the 6th Circuit, the Court determined that illegal immigrants with Temporary Permanent Status (TPS) can apply for permanent resident status under federal law.

The Flores, et al. v. USCIS, et al. decision takes a defiant stab at the “archaic and convoluted state of our current immigration system” by offering a plain reading of federal immigration statutes that seems perfectly reasonable despite USCIS policy.

$5M Award Upheld for Coach in Trademark Infringement Lawsuit

Counterfeit sellers are not the only ones on the hook for trademark infringement. The facilitators like flea markets operators are also liable, according to the Sixth Circuit.

The Sixth Circuit upheld a jury award to Coach of over $5 million for trademark infringement. A Memphis flea market operator was held contributorialy liable for its vendors who sold counterfeit Coach products violating trademarks. The jury awarded Coach $240,000 per mark for a total of 21 infringed marks.

Death Sentence Upheld in Marvin Gabrion Case

The Sixth Circuit Court of Appeals affirmed the death sentence of a Michigan man, who was convicted of killing a woman in a national forest in 1997. The body of the Michigan woman was found chained to cinder blocks in a lake in the Manistee National Forest in Newago County.

Michigan does not have the death penalty, but since the murder occurred on federal property, the death penalty applied in this case. The man appealed aruging that Michigan's lack of the death penalty was a mitigating factor in the penalty phase of his case.

6th Circuit: Old Sentencing for Crack is 'Whack'

Remembering the late singer Whitney Houston when she so famously told Diane Sawyer that "Crack is whack," the Sixth Circuit could not agree more. More specifically, the court would probably agree with the famous singer that the use of crack cocaine is "whack," but it's actually the old minimum sentencing rules that are really "whack."

6th Circuit: Use Common Sense, Seeing Drugs is Probable Cause

It was in Sidney Brown’s house where officers found cocaine, a Beretta pistol, and $4,700 in cash. An anonymous informant notified the police of seeing cocaine at Brown’s house and a search warrant was subsequently issued. Brown was convicted of drug related crimes. He appealed.

Sixth circuit criminal law attorneys should be aware of a recent court of appeals opinion clarifying what is sufficient informant information to create probable cause for a search warrant application. Evidently, a simple anonymous tip will do.

We all make typos. Most of the time, it's no big deal. While a typo in an email between friends is harmless, a typo on a resume or a cover letter can be devastating. It's all about the context.

So what happens when a typo causes you to miss an important filing deadline? Can a technical error in an electronic filing jeopardize your client's right to appeal? The answer is "no," according to the Sixth Circuit Court of Appeals. In a question of first impression, the appellate court determined this week that clients shouldn't be punished for an electronic filing error on the part of their attorneys.