In Toll v. Moreno, 441 U.S. 458 (1979), the Supreme Court held that a state ...
District Court for the Western District of Michigan Court Cases
In reviewing Defendant's motion, the Court's inquiry at this point in the proceeding is limited to whether or not the challenged pleading sets forth allegations sufficient to show that the Court has subject matter jurisdiction in the case. In making this determination, the pleadings are to be taken as true and construed in a light most favorable to the party opposing the motion. Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974); Dupree v. City of Chattanooga, Tennessee, 362 [...]
Court: District Court for the Western District of Michigan Docket: K83-36
This is a dispute over an employee benefits plan. Plaintiff, now deceased, was the sole beneficiary under a contract of insurance issued by Defendant to LeRoy Hardwick. On November 3, 1995, Hardwick became intoxicated and was killed due to a cervical spine fracture suffered during a single motor vehicle accident in Delta County, Michigan. Plaintiff applied for and received a life insurance benefit from Defendant in the amount of $14,000. However, an additional $14,000 in accidental death [...]
Court: District Court for the Western District of Michigan Docket: 2:96-CV-177
Baldauf v. Amoco Oil Co. (1981)This case involves provisions for notification of termination of non-renewal of the franchise relationship of the Petroleum Marketing Practices Act, 15 U.S.C. § 2801 et seq. It is before the Court on cross Motions for Summary Judgment and Defendant's counterclaim. Plaintiffs contend that Defendant has not complied with the requirements of the Petroleum Marketing Practices Act and contest Amoco's decision to convert to their full service gas station and associated auto repair shop into a high [...]
Court: District Court for the Western District of Michigan Docket: G 81-72
Cholette, Perkins & Buchanan by William D. Buchanan, Grand Rapids, Mich. by Kenneth L. Block, Pretzel & Stouffer, Chartered by Samuel B. Isaacson, Chicago, Ill., for Gibralter Cas. Co. (Co-Counsel).
Court: District Court for the Western District of Michigan Docket: K85-415
Doe v. Kelley (1997)This case presents constitutional challenges to a recent amendment to Michigan's Sex Offenders Registration Act ("Act"), M.C.L. § 28.721 et seq. The Act is Michigan's version of "Megan's Law." Since 1994, every state in the Union has enacted a similar law requiring registration of certain sex offenders. In 1994, seven-year old Megan Kanka was abducted, molested and strangled near her home in New Jersey. The accused perpetrator was a twice-convicted sex offender, who lived in the neighborhood. [...]
Court: District Court for the Western District of Michigan Docket: 1:97-CV-203
In Re Wazeter (1997)
On July 27, 1995, debtor Francis Wazeter, III ("debtor" or "Wazeter") filed a petition for relief under Chapter 7 of the United States Bankruptcy Code. On December 15, 1995, Michigan National Bank ("MNB") filed a complaint objecting to Wazeter's discharge pursuant to 11 U.S.C. §§ 523 and 727. On November 19, 1996, following oral argument, the bankruptcy court granted MNB's motion for summary judgment under 11 U.S.C. § 727(a)(3), based on Wazeter's failure to keep adequate records.
Court: District Court for the Western District of Michigan Docket: Bankruptcy No. GK95-83716, Adversary No. 95-8450
James S. Brady, U. S. Atty., J. Terrance Dillon, Asst. U. S. Atty., Dept. of Justice, Grand Rapids, Mich., Elmer T. Nitzschke, Dept. of Interior, St. Paul, Minn., Bruce R. Greene, Native American Rights Fund, Boulder, Colo., Kathryn L. Tierney, Bay Mills Indian Community, Brimley, Mich., William J. James, James Jannetta, Legal Services, and Daniel T. Green, Sault Ste. Marie Tribe Bay Mills Indian Community, Sault Ste. Marie, Mich., for plaintiffs.
Court: District Court for the Western District of Michigan Docket: M26-73 C.A
This case is presently before the court on the plaintiffs' motion for partial summary judgment. The parties have entered into extensive stipulations of fact and have jointly submitted many documentary exhibits with their proposed Final Pre-Trial Order. This order is based upon the stipulations, exhibits, and depositions on file.
Court: District Court for the Western District of Michigan Docket: C.A. 242
This is an action pursuant to 42 U.S.C. § 1983 seeking compensatory and punitive damages for the allegedly unlawful dismissal of plaintiff from his job as a police officer with the defendant police department. The parties are in agreement that the reason for the dismissal was that plaintiff, a married man, was cohabiting with a married woman not his wife. Plaintiff claims that the dismissal violated his associational and privacy rights protected by the United States Constitution, and that he [...]
Court: District Court for the Western District of Michigan Docket: G80-96 CA6
Gowdy v. United States (1967)
Wheeler, Upham, Bryant & Uhl, Grand Rapids, Mich., Cholette, Perkins & Buchanan, Grand Rapids, Mich., for third-party defendant, Buford A. Upham, William D. Buchanan, Grand Rapids, Mich., of counsel.
Court: District Court for the Western District of Michigan Docket: 4897
Knop v. Johnson (1987)This is a prison case that concerns conditions of confinement at four major prisons in the Michigan system. It is a class action proceeding in which the plaintiff class is composed of all prisoners who are or will be confined by the Michigan Department of Corrections at the State Prison of Southern Michigan ("SPSM"), located in Jackson, Michigan; the Michigan Reformatory ("MR"), located in Ionia, Michigan; the Riverside Correctional Facility ("RCF"), also located in Ionia, Michigan; and the [...]
Court: District Court for the Western District of Michigan Docket: G84-651
Kelley v. Carr (1977)This case was initiated by the Attorney General of Michigan in the Circuit Court for Ingham County. It was alleged that defendants were in violation of various sections of both the Michigan Uniform Securities Act, M.C.L.A. §§ 451.501 et seq. (1977), and the Michigan Consumer Protection Act, M.C.L.A. §§ 445.901 et seq. (1977) by transacting business as unregistered commodities broker-dealers and agents, transacting business fraudulently, and offering and selling unregistered securities. [...]
Court: District Court for the Western District of Michigan Docket: G77-550 C.A
David William Centner, Law, Weathers & Richardson, Michael D. Wade, Garan, Lucow, Miller & Seward, PC, David N. Campos, Grand Rapids, MI, Charles L. McKelvie, Dold, Spath & McKelvie, PC, Troy, MI, William K. Holmes, Warner, Norcross & Judd, LLP, Grand Rapids, MI, for Defendants.
Court: District Court for the Western District of Michigan Docket: 1:99-CV-620
Plaintiff Teresa Hendricks, acting individually and on behalf of a class, filed this diversity action against defendant DSW Shoe Warehouse, Inc. ("DSW"). Plaintiff alleges that DSW is liable for the costs of a credit monitoring product which plaintiff and others purchased to protect themselves from identity theft after their personal financial information, provided during transactions with the company, was stored and later "compromised" by an unauthorized third party. The matter is currently [...]
Court: District Court for the Western District of Michigan Docket: 1:05-CV-767
In this case plaintiff Ameriwood Industries International Corporation, f/k/a Rospatch Corporation ("Rospatch") seeks to recover under two consecutive directors' and officers' liability policies (D & O policies) issued by defendant American Casualty Company of Reading ("American Casualty"). The first policy was issued on October 10, 1988, (the "88/89 policy") and the second on October 10, 1989, (the "89/90 policy").
Court: District Court for the Western District of Michigan Docket: 1:92-CV-658
This case involves disturbing allegations of excessive and abusive discipline of mentally impaired children at the Pineview School in Palmer, Michigan, during the 1986-87 and 1987-88 school years. Plaintiffs, appearing through their parents and next friends, are six Pineview special education students who allegedly suffered inappropriate discipline ranging from bodily humiliation and the withholding of food and medicine to repeated physical assault. Defendants Linda Dompierre and Matthew Fields [...]
Court: District Court for the Western District of Michigan Docket: M89-10127 CA
Patrick J. Conlon, Roseland, N.J., J. Michael Smith, Gordon J. Quist, Miller, Johnson, Snell & Cummiskey, Grand Rapids, Mich., Randy M. Mott, Raissa Kirk, Robert T. Lee, Stephen E. Williams, Mott, Williams & Lee, PC, Washington, D.C., William S. Wells, CPC Intern., Inc., Englewood Cliffs, N.J., for CPC Intern. Inc.
Court: District Court for the Western District of Michigan Docket: G89-10503 CA, G89-961 CA
United States v. Gillam (2010)This case, where defendant pleaded guilty and was sentenced after the effective date of the Fair Sentencing Act of 2010, Pub.L. No. 111-220, 124 Stat. 2372, presents unique facts on which to determine whether to apply the penalty provisions of 21 U.S.C. § 841, as amended by § 2 of the Fair Sentencing Act. This Court, persuaded that the Fair Sentencing Act permits no further federal crack cocaine sentencings that are not "fair," rendered its oral sentencing decision on November 22, 2010, [...]
Court: District Court for the Western District of Michigan Docket: Case No. 1:10-cr-181-2
In Re Wiegand (1996)This is an appeal of a final Order entered by the United States Bankruptcy Court on March 20, 1996. The debtors, Thomas and Melinda Wiegand ("Wiegands"), are requesting reversal of the Bankruptcy Court's Order dismissing the Wiegands' motion to hold Tahquamenon Area Credit Union ("Credit Union") in contempt for not turning over funds to the Wiegands held in a Credit Union account. The Bankruptcy Court held that Credit Union had a right of setoff against the Wiegands' account despite the [...]
Court: District Court for the Western District of Michigan Docket: Bankruptcy No. HM 95-90099. No. 2:96-CV-121
In Re Kolenda (1997)
This is an appeal from a bankruptcy court decision finding appellant Michael Annese in contempt of court for willful violation of the automatic stay and awarding sanctions to debtor. Upon review, I affirm the bankruptcy court's decision.
Court: District Court for the Western District of Michigan Docket: 1:97-cv-409, Bankruptcy No. HG-94-81748