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

August 2017 Archives

Court Rejects Senator's Suit Against Foreign Taxes

It's one thing when a U.S. Senator can't get a bill passed; it's another when he can't get past standing to sue in court.

But that's what happened to Senator Rand Paul on his way to the Capitol, where he introduced a bill to repeal the Foreign Account Tax Compliance Act. In Crawford v. United States Department of the Treasury, Paul argued that the Act gave the IRS too much power to collect account information from citizens living abroad.

The U.S. Sixth Circuit Court of Appeals rejected the argument, saying Paul and other plaintiffs had no standing because the government had not enforced the Act against them.

Law Prof's 'Grabbing' Case Dismissed

FACTS: A law professor grabs a colleague by the shoulder to talk to him about a dispute with the law librarian.

LAW: A battery occurs when a person acts to cause a harmful or offensive contact, which would offend the ordinary person.

ISSUE: Is this a law exam question or a real case?

U.S. District Judge Jack Zouhary probably wishes it were a fictitious case. In Gerber v. Veltri, the Ohio judge said the case was "seemingly ripped from the pages of a first-year torts exam, with the added twist that the parties are, in real life, law school professors."

No Take-Backs on Civil Settlement, 6th Circuit Rules

When is it too late to take back a federal court settlement?

Can you unwind it when you realize you made a mistake about the terms? What about when the terms are not equitable? Don't the Federal Rules of Civil Procedure provide for "any other reason that justifies relief?"

In Cummings v. Greater Cleveland Regional Transit Authority, it turned out to be more than a day late late and a dollar short for a former public employee.

The Sixth Circuit Court of Appeals has revived a pair of federal lawsuits filed as a result of the water contamination scandal in Flint, Michigan. The cases were filed on behalf of injured residents to receive compensation for their personal injuries.

The cases are against the city and local officials, as well as against the state and state officials. Though the court revived the pair of lawsuits, the claims against the state and governor have been dismissed due to immunity.