When is a “home” a “house” and not covered by federal consumer protection law? According to a split Sixth Circuit decision issued last week, when a home is manufactured and permanently installed on a property, it is a “house” for purposes of real property law and taxes, and not covered under the Magnuson-Moss Warranty Act’s … Continue Reading
The case Hampton v. R.J. Corman Railroad Switching Co. (6th Cir., Case No. 10-5707, June 19, 2012) (PDF), serves as an object lesson in the singular importance of jurisdiction when practicing before federal courts. Hampton involved a Kentucky plaintiff whose car collided with a train and who subsequently brought common-law tort claims in state court … Continue Reading
As reported previously here, the Sixth Circuit recently held the fleeting honor of having its decision featured on SCOTUSblog’s Petition of the Day. This was not, however, enough for the Supreme Court to accept jurisdiction; yesterday, the Supreme Court denied the petition of the City of Loveland for the Court to accept jurisdiction. (PDF) The … Continue Reading
Yesterday, the Sixth Circuit held the fleeting honor of having its decision featured on SCOTUSblog’s Petition of the Day. In United States of America v. City of Loveland, Ohio (PDF), Case No. 10-3116 (6th Cir. Sept. 15, 2010), the Sixth Circuit upheld the district court’s federal question jurisdiction based on a complaint for declaratory judgment which … Continue Reading
