|
|
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
17, 2005
Today's topics:
- ERISA: arbitrary and capricious, long-term disability
- foreclosure: notice,
- search: expectation of privacy, "good faith" exception on warrants
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
-
No opinions.
- U.S. Sixth Circuit Court of Appeals: Other States Cases
-
Calvert v. Firstar Finance, Inc. (May 17, 2005) (Appeal from W.D. Ky.)
http://www.ca6.uscourts.gov/opinions.pdf/05a0219p-06.pdf
Calvert worked for Firstar and participated in a long term disability plan
provided by Liberty. Calvert injured her back and both her doctor and the
Social Security Administration found her to be totally disabled. She received
SSA benefits and Liberty reduced its payments under the disability plan. Two
years later, Liberty reassessed Calvert and denied benefits, finding her to no
longer meet the policies definition for disabled. Calvert sued her employer
and Liberty for violating ERISA, arguing that Liberty's denial of benefits was
capricious and arbitrary. The district court granted Liberty's motion on the
administrative record. REVERSED and REMANDED.
Karkoulki's v. Dohany (May 17, 2005) (Appeal from E.D. Mich.)
http://www.ca6.uscourts.gov/opinions.pdf/05a0220p-06.pdf
Karkoukli failed to pay property taxes and Oakland County foreclosed and
sold its property at auction. Karkoukli sued under 42 USC § 1983, arguing that
he had not had notice of the foreclosure proceeding, but the district court
granted the defendants summary judgment. Karkoukli appealed. AFFIRMED, because
repeated mailings, posting, and publication of notice were sufficient.
United States v. Hunyady (May 17, 2005) (Appeal from E.D. Mich.)
http://www.ca6.uscourts.gov/opinions.pdf/05a0217p-06.pdf
Hunyady was living in his dead father's house, and the representative of
his father's estate notified the ATF agents that he was living there, without
authorization, and with machine guns and a silencer. The ATF went to the
house, the representative was let in by Hunyady, and then the representative
let the ATF agents in, where they searched and seized the guns. Hunyady moved
to suppress the evidence but the district court dismissed his motion.
AFFIRMED, because Hunyady did not have expectation of privacy because Hunyady
was trespassing.
United States v. Laughton (May 17, 2005) (Appeal from E.D. Mich.)
http://www.ca6.uscourts.gov/opinions.pdf/05a0218p-06.pdf
Laughton was arrested after a search of his house yielded methamphetamine
and firearms. He moved to suppress the evidence, and the district court found
that the affidavit on which the warrant had been issued lacked a showing of
probable cause. The district court denied the motion, though, relying on the
"good faith" exception, and convicted Laughton. Laughton appealed. REVERSED
and REMANDED, because "good faith" exception does not permit use of
information known to police officer that is not included in the affidavit.
|
Daily Case Updates
|
