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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March 22, 2007

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

TOPICS:
- Uninsured depositors' claims
- Tennessee Consumer Protection Act
- Habeas corpus petition - Certificate of Appealability
 

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

 

Oakwood v. State Bank and Trust (March 22, 2007) (Appeal from the N.D. Ohio)
-  http://www.ca6.uscourts.gov/opinions.pdf/07a0108p-06.pdf
-  This case requires us to decide whether intervention by the Federal Deposit Insurance Corporation (FDIC) in a suit between nondiverse parties raising state law claims can create federal jurisdiction, even though it had not been a party in state court prior to removal. Holding that it cannot, we reverse.
 

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

 

Welshans v. Aetna Life Ins Co (March 22, 2007)(Appeal from the W.D. Tenn.)
-  http://www.ca6.uscourts.gov/opinions.pdf/07a0109p-06.pdf
-  Plaintiffs Peggy Welshans Williamson and Vanessa Welshans appeal the district court's grant of summary judgment in favor of defendant Aetna Life Insurance Company ("Aetna"). Plaintiffs initially brought suit in Tennessee state court alleging violations of common law breach of contract, violations of the Tennessee Consumer Protection Act ("TCPA"), TENN. CODE ANN. § 47-18-104, and the Tennessee "bad faith" statute, TENN. CODE ANN. § 56-7-105. Specifically, plaintiffs alleged that Aetna wrongfully denied health insurance benefits for Williamson's daughter, Welshans, pursuant to an employee health plan administered by Aetna. In October 2004, Aetna removed the matter to federal district court, and, in November 2005, the district court granted Aetna's summary judgment motion with respect to all of plaintiffs' claims. Plaintiffs now urge this court to reverse both the jurisdictional determination of the district court and its subsequent grant of summary judgment in favor of Aetna. For the reasons that follow, we affirm.

Adrian Energy, et al v. MI Pub Serv, et al (March 22, 2007) (Appeal from the E.D. Ky.)
-  http://www.ca6.uscourts.gov/opinions.pdf/07a0110p-06.pdf
-  Petitioner Robert Carl Foley was convicted of murder in Kentucky and sentenced to death. After a lengthy appellate process in the Kentucky courts, Foley filed a habeas petition raising thirty-six separate grounds for relief. The district court reviewed and denied each one, but granted a Certificate of Appealability (COA) as to four of Foley's claims. Upon Foley's request, we expanded the COA to include a fifth claim. For the reasons set forth below, we affirm the district court's judgment.
 

Daily Case Updates