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Gray v. Bush, 09-2166

Dismissal of plaintiff's suit involing a dispute over trust funds of certain cemeteries on Burford abstention grounds reversed

Gray v. Bush, 09-2166, concerned a challenge to the district court's dismissal of plaintiff's suit on Burford abstention grounds, in a dispute over the trust funds for several cemeteries located in the Midwest. 


US v. Monea Family Trust I, 09-3730

Trustee's suit challenging forfeiture order of personal items used by convicted beneficiary

US v. Monea Family Trust I, 09-3730, concerned a petition filed by a family trust and several other parties, seeking to amend a district court's order of forfeiture regarding several items of personal property, including a diamond ring, used in a money-laundering scheme by a convicted beneficiary of the trust.

US v. Damra, 08-4540, concerned a challenge to a defendant's conviction and sentence for evading corporate income tax in violation of 26 U.S.C. section 2701 and for conspiring to defraud the United States in violation of 18 U.S.C. 371.   


Pendley v. Fed. Mine Safety & Health Review Comm'n, No. 09-3213 involved a plaintiff's petition for review of an order of the Federal Mine Safety & Health Reivew Commission, which affirmed the ALJ's ruling against the petitioner in his suit against his former employer claiming wrongful termination. 

In granting in part and denying in part the petititon, the court held that the Commission erred in its analysis of the ALJ's decision with regard to defendant's three-part justification for terminating plaintiff's employment, as at the very least, the Commission departed from its own precedent without articulating a reason for doing so.  In addition, the Commission erred in finding that the plaintiff's post-reinstatement working conditions did not constitute adverse action by the employer.

Estate of Timken v. US, No. 09-3650, involved an issue of whether the incidence of the estate tax can skip a generation when a pre-GST tax irrevocable trust does not mandate a generation-skipping transfer but merely grants discretion to the trustee or others to skip generations in transferring of assets.  In affirming the district court's decision, the court held that the transfers at issue are subject to the GST tax because the grandfathering exemption is ambiguous as applied to this case, the regulation is a reasonable interpretation of the grandfathering exemption, and this case falls within the regulation. 

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Segal v. Fifth Third Bank, N.A., No. 08-3576

District court's dismissal of plaintiff-trust accounts beneficiary's class action against bank and its holding company on state-law claims of breach of fiduciary duty and breach of contract is affirmed as the Securities Litigation Uniform Standards Act of 1998 bars plaintiff's claims.     

Read Segal v. Fifth Third Bank, N.A., No. 08-3576

Appellate Information

Argued:June 11, 2009

Decided and Filed: September 17, 2009


Opinion by Judge Sutton


For Appellant:  David A.P. Power, Law Office, New York

For Appellee:  Patrick F. Fischer, Keating Muething & Klekamp PLL, Cincinnati, Ohio