Daily Case Update Archive

As a service to our members, we monitor opinions issued from the Ohio Supreme Court, the Ohio State First District Court of Appeals, and the United States Sixth Circuit Court of Appeals.  You can read the latest summaries or archived summaries from 2005 , 2006 , 2007 , 2008 , 2009 , 2010.

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April 21, 2005

Today's topics: amended complaint: futility & federal law pre-emption, shackling of defendant prejudicial

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States

Ohio Supreme Court

No opinions.

First District Court of Appeals

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U.S. Sixth Circuit Court of Appeals:  Ohio Cases

Cupek v. Medtronic (April 21, 2005) (Appeal from S.D. Ohio)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0187p-06.pdf 
Joseph M. Callow, Jr., Louis Francis Gilligan, Gregory M. Utter, Jason M. Cohen (Keating Muething & Klekamp), appellants; Thomas M. Parker (Parker Leiby Hanna & Rasnick), appellee
The district court denied motion for leave to amend complaint, finding that it would be futile. The plaintiffs appealed. Affirmed, because federal law preempts claims.

U.S. Sixth Circuit Court of Appeals: Other States Cases

Ruimveld v. Birkett (April 21, 2005) (Appeal from E.D. Mich.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0186p-06.pdf 
Ruimveld filed a petition for writ of habeas corpus after he was convicted of poisoning a prison guard. He was shackled during the trial, which was held within the prison. The district court granted the writ. Affirmed, because the Michigan Supreme Court erroneously determined that the shackling in front of the jury could not have substantially influenced their decision.

Daily Case Updates