Legal Opinion

United States v. Miller

District Court, N.D. Ohio

Decided August 25, 2006No. 3:02 cr 722Published

1Opinion of the Court

MEMORANDUM OPINION

KATZ, District Judge.

This matter is before the Court on the motion of the United States of America to dismiss Petitioner John M. McNally, Jr.’ claims for survival damages and punitive damages. (Doc. No. 439). Petitioner has responded (Doc. No. 463), the Government has replied (Doc. No. 466), and Petitioner has filed a sur-reply (Doc. No. 468). For the following reasons, the Government’s motion is granted.

Background

On May 11, 2001, Maevelle P. McNally took a dinner cruise with her family, including her husband John McNally and her son, Petitioner John McNally, Jr., aboard the…

2Cases cited26 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  5. 60 Ivy Street Corporation (86-5500), and Coldwell Banker Commercial Group, Inc., (86-5517) v. R.C. Alexander and Doris AlexanderCourt of Appeals for the Sixth Circuit · 1987

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