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.

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June 2, 2005

Today's topics: 
- Constitutional: rational-basis analysis
- Contract: ambiguity
- Insurance: policy misrepresentation
- Tax: federal liens, notice of collection

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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No opinions.

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

Living Care Alternatives of Utica, Inc. v. United States (IRS) (June 2, 2005) (Appeal from S.D. Ohio)
http://www.ca6.uscourts.gov/opinions.pdf/05a0238p-06.pdf
The IRS sent notices of Federal tax liens and intent to levy to plaintiff Living Care after it defaulted on an installment agreement to pay a levy for unpaid payroll taxes. Living Care requested a hearing but the IRS Appeals Office denied its claims. Living Care appealed to the district court, which affirmed the Appeals office. AFFIRMED, because Living Care failed to challenge validity of underlying tax liability, and failed to provide sufficient evidence for remand.
 

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

Jackson v. Jamrog (June 2, 2005) (Appeal from E.D. Mich.)
http://www.ca6.uscourts.gov/opinions.pdf/05a0239p-06.pdf
Jackson appealed district court's denial of habeas relief. He argued that Michigan statute that allowed prosecution and victims to appeal parole grants, but denied an appeal right to prisoners, was unconstitutional. AFFIRMED.

Old Line Life Ins. v. Garcia (June 2, 2005) (Appeal from E.D. Mich.)
http://www.ca6.uscourts.gov/opinions.pdf/05a0237p-06.pdf
Garcia's mother had a policy with Old Line, as well as some pre-existing policies. After she died, Old Line filed for declaratory judgment and rescision of the policy, arguing that she had failed to correctly answer that it was a "replacement" policy. Garcia sued for breach of contract. The district court granted Old Line summary judgment and rescinded the policy. REVERSED, because Garcia's mother's did not make misrepresentation, and policy was unambiguous, and REMANDED for judgment in favor of Garcia.

Daily Case Updates