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Federal Judiciary

: Sixth Circuit Cases

Jan. 19-23, 2009: US Sixth Circuit Court of Appeals Decisions

By Michael Stevens

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PUBLISHED OPINIONS

Opinion	Short Title/District
09a0020p.06	Geoffrey Fieger v. Michigan Supreme Court Eastern District of Michigan at Detroit
09a0021a.06	USA v. Bailey Eastern District of Kentucky at Covington
09a0022p.06	Dennis Pennington v. State Farm Mutual Automobile I Eastern District of Kentucky at Lexington RONALD LEE GILMAN, Circuit Judge. Stacey Pennington, the 17-year-old daughter of Dennis and Sharon Pennington, was killed in an automobile accident in July 2004. The Penningtons had four drivers in their family, all of whom were insured by State Farm Mutual Automobile Insurance Company. In addition to insuring their vehicles, the Penningtons purchased underinsured motorist (UIM) coverage with limits of $100,000 per person/$300,000 per accident (100/300 UIM coverage). UIM coverage provides funds to an insured if the liability insurance held by the person responsible for the accident is insufficient to compensate the insured for injuries incurred. At issue on appeal is whether, under Kentucky law, an insurance company may charge a greater UIM premium based on the number of drivers on a policy without being liable for multiple UIM coverage units (i.e., ?stacking?). The district court determined that the Penningtons purchased only one unit of 100/300 UIM coverage for four drivers and were not entitled to stacking. This appeal followed. A few weeks prior to oral argument, the Penningtons filed a motion asking us to certify the legal question at issue to the Kentucky Supreme Court. For the reasons set forth below, we DENY the motion to certify and AFFIRM the judgment of the district court.
09a0023p.06	Garner v. Cuyahoga Cnty Court Northern District of Ohio at Cleveland
09a0024p.06	Carter v. Welles-Bowen Realty Northern District of Ohio at Toledo
09a0025p.06	Barr v. Lafon Eastern District of Tennessee at Knoxville

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION OPINIONS

Opinion	Short Title/District
09a0040n.06	USA v. Cornelius Easley Western District of Tennessee at Memphis
09a0041n.06	Cadle Co v. Reiner, Reiner & Bendett Northern District of Ohio at Youngstown
09a0042n.06	Pepaj v. Mukasey Board of Immigration Appeals
09a0043n.06	USA v. Robson Eastern District of Michigan at Detroit
09a0044n.06	USA v. Ashiq Eastern District of Kentucky at London
09a0045n.06	Artan Prifti v. Michael Mukasey Board of Immigration Appeals
09a0046n.06	Cynthia Turnage v. Norfolk Southern Corporation Eastern District of Tennessee at Knoxville
09a0047n.06	David Myers v. Huron County, Ohio Northern District of Ohio at Toledo
09a0048n.06	Linda Wolfanger v. Laurel County, Kentucky Eastern District of Kentucky at London
09a0049n.06	Jones v. Trombley Eastern District of Michigan at Detroit
09a0050n.06	Giklin Arauz v. Ricky Bell Middle District of Tennessee at Nashville
09a0051n.06	USA v. Neeley Eastern District of Kentucky at London
09a0052n.06	USA v. Jesse Stark Western District of Michigan at Marquette
09a0053n.06	Devereaux v. Mills Eastern District of Tennessee at Knoxville
09a0054n.06	USA v. Ricardo Cornejo Western District of Michigan at Grand Rapids