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 or 2006.

If you would like to receive a daily e-mail with same-day case updates, please join our Members-Only discussion list.  Not a member?  Join today!

May 10, 2005

Today's topics:  Federal Tort Claims Act, promissory estoppel, property valuation, prosecutorial vindictiveness

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

[Search Other Ohio Districts]
No opinions.
 

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

Hogan v. United States (May 10, 2005) (Appeal from S.D. Ohio)
http://www.ca6.uscourts.gov/opinions.pdf/05a0212p-06.pdf
Hogan bought scrap metal from the Air Force for his business, unwittingly buying scraps that had low-level radioactive material on
them. The Air Force acknowledged the error in selling the scrap to him, and cleaned up as much of the material as possible. After the Air Force
denied his administrative claim for damages, Hogan sued under the Federal Tort Claims Act for property and personal injury damages. The
district court dismissed Hogan's claims due to a 2 year statute of limitations. This court reversed in part, finding that the propery
damage claims were subject to equitable tolling. The district court granted the US judgment after finding that the property's value had not been diminished. AFFIRMED.

Tucker v. Union of Needletrades (May 10, 2005) (Appeal from N.D. Ohio)
http://www.ca6.uscourts.gov/opinions.pdf/05a0213p-06.pdf 
Tucker was terminated by her employer, the Union, and filed a grievance through her union. Neither her employer nor the union agreed to arbitrate the claim and she sued both for violating the collective bargaining agreement (CBA) she claimed applied to her. The district court granted the defendants summary judgment and Tucker appealed, claiming that the court ignored her promissory estoppel claims.  AFFIRMED, because Tucker was an employee of an affiliate of her initial employer when she was terminated, and so was not covered by the CBA, and that she had not pled the promissory estoppel claims in her complaint.

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

 

United States v. Poole (May 10, 2005) (Appeal from W.D. Tenn.)
http://www.ca6.uscourts.gov/opinions.pdf/05a0211p-06.pdf 
Poole was indicted but his case ended in a mistrial. A superseding indictment then was issued, and the second trial resulted in conviction
on three charges. Poole appealed his convictions, arguing that the district court erred in denying his motion to suppress and his motion to
dismiss the superseding indictment. AFFIRMED, because Poole failed to show vindictive prosecution and the US has rebutted the presumption, but VACATED sentence and remanded for resentencing in line with US v. Booker.

Daily Case Updates