Sixth Circuit Cases

6th Cir. Published Decisions for Dec. 26-29, 2006 (No Ky Decisions)

Opinion	Pub Date	Short Title/District
06a0469p.06	2006/12/26	Fieger v. Ferry     Eastern District of Michigan at Ann Arbor JUDGES:  Michigan's recusal rule and challenges not upheld
06a0470p.06	2006/12/27	DiLaura v. Ann Arbor Township     Eastern District of Michigan at Detroit ATTORNEY FEES: Upheld award to prevailing party but reversed 60 % reduction by district court
06a0471p.06	2006/12/27	USA v. Thorpe     Eastern District of Michigan at Detroit CRIMINAL:  Selective prosecution; discovery
06a0472p.06	2006/12/28	Fazzini v. NEOCC, et al.     Northern District of Ohio HABEAS CORPUS:  Failed to exhaust administrative remedies with parole board
06a0473p.06	2006/12/28	Short v. USA     Middle District of Tennessee at Columbia COUNSEL: Claim of ineffective assistance and amendments to indictment
06a0474p.06	2006/12/28	Young v. Green Oak Twnshp     Eastern District of Michigan at Detroit EMPLOYMENT:  Discrimination and termination as police officer
06a0475p.06	2006/12/29	USA v. Ahmed     Eastern District of Michigan at Detroit CRIMINAL: False statements in background information for employment
06b0008p.06	2006/12/29	In re: Shah Alam v.     Northern District of Ohio BANKRUPTCY:  Disability benefits and exemption under Ohio law
06a0476p.06	2006/12/29 SUTTON	Coalition to Defend v. Granholm     Eastern District of Michigan at Detroit DISCRIMINATION:  Michigan law eliminating certain classes ( gender and race)
06A0476P.06	2006/12/29	In re: Russell; TAFM v. Eastern District of Michigan at Detroit

6th Cir. Published Decisions for Dec. 18-22, 2006 (No Ky Decisions)

Opinion	Pub Date	Short Title/District
06a0461p.06	2006/12/18	Baker v. Taylor     Southern District of Ohio at Cincinnati Police Officer Immunity and excessive force claims
06a0462p.06	2006/12/18	Asmo v. Keane Inc     Southern District of Ohio at Columbus Summary Judgment; Unlawful termination (pregnancy)
06a0463p.06	2006/12/19	Sanders v. Allison Engine Co     Southern District of Ohio at Cincinnati False Claims Act; Government Contract (defense)
06a0464p.06	2006/12/21	Glass, et al v. CIR     U.S. Tax Court Taxation: charitable deduction for conservation easement
06a0465p.06	2006/12/21	Kellici v. Gonzales     Petition for Review Upon Transfer from District Court Habeas corpus; Real ID Act
06a0466p.06	2006/12/22	Kellogg Co v. Sabhlok     Western District of Michigan at Grand Rapids Settlements and Releases (agreement interpreted)
06a0467p.06	2006/12/22	Alternative Aviation v. Meggitt, et al     Eastern District of Michigan at Detroit Summary judgment (warranty claims)
06a0468p.06	2006/12/22	White v. Detroit Edison Co     Eastern District of Michigan at Flint Labor Law:  Collective bargaining and fair representation

   

6th Cir. Published Decisions for Dec. 11-15, 2006

 

Opinion	Pub Date	Short Title/District
06a0454p.06	2006/12/12	USA v. Paige     Eastern District of Tennessee at Chattanooga CRIMINAL:  Drug offense, mandatory sentence enhancement
06a0455p.06	2006/12/12	USA v. Dexta     Eastern District of Tennessee at Chattanooga CRIMINAL:  Sentencing; Booker
06a0456p.06	2006/12/14	Mansour v. Gonzales     Board of Immigration Appeals IMMIGRATION:  Deportation
06a0457p.06	2006/12/14	Mike's Train House v. Lionel LLC     Eastern District of Michigan at Detroit TORTS: Joint and several liability in trademark case: EVIDENCE:  Experts DAMAGES:  "Double counts"
06a0458p.06	2006/12/14	Eddleman v. McKee     Eastern District of Michigan at Detroit CRIMINAL:  Collateral review of criminal case; harmless error
06a0459p.06	2006/12/15	Doane Pet Care Co v. N Amer Pet Prod     Middle District of Tennessee at Nashville EXPERTS:  Accounting; specific performance case
06a0460p.06	2006/12/15	USA v. Sanders     Northern District of Ohio SENTENCING:  Armed Career Criminal Act

6th Cir. Published Decisions for Dec. 4 - 8, 2006

 

Opinion	Pub Date	Short Title/District
06a0451p.06	2006/12/04	Patel v. Gonzales     State of Tennessee Agency IMMIGRATION
06a0452p.06	2006/12/04	USA v. Caver, Abudllah and Clous     Northern District of Ohio CRIMINAL: Drug case, conspiracy, and other issues
06a0453p.06	2006/12/07	USA v. Morris     Eastern District of Michigan at Detroit SIXTH AMENDMENT:  Ineffective assistance of counsel affirmed

6th Cir. Published Decisions for Nov 27 - Dec. 1, 2006

Opinion	Pub Date	Short Title/District
06a0435p.06	2006/11/27	USA v. McPhearson     Western District of Tennessee at Jackson Search and Seizure:  Warrantless; protective sweep
06a0436p.06	2006/11/27	USA v. Carson     Northern District of Ohio Sentencing Guidelines; Career offender
06a0437p.06	2006/11/27	USA v. Sandles     Eastern District of Michigan at Detroit Crimes: Bank robbery and element of offense of FDIC
06a0438p.06	2006/11/27	Roberts v. Ward     Eastern District of Kentucky at London State park dress code for employees BOYCE F. MARTIN, JR., Circuit Judge. Plaintiffs Genell Roberts, Sandra Dale, and William Leslie were employees of the Kentucky Department of Parks. They were terminated from employment in May 2004 for failing to comply with the Department’s dress code. They subsequently filed suit, alleging violations of their First Amendment, equal protection, and procedural and substantive due process rights, as well as state statutes. The district court granted a partial motion to dismiss for failure to state a claim in favor of defendants, and later dismissed the remaining claims pursuant to the defendant’s motion for summary judgment. The plaintiffs now appeal these dismissals. For the following reasons, we AFFIRM the district court.
06a0439p.06	2006/11/27	Audi AG, et al v. D'Amato     Eastern District of Michigan at Detroit Anticybersquatting and consumer protection on trade name of Audi
06a0440p.06	2006/11/28	Squire v. Coughlan     Southern District of Ohio at Columbus 1983 Action filed by state judge re disciplinary investigation and TRO
06a0441p.06	2006/11/28	McKenna v. Royal Oak     Eastern District of Michigan at Detroit Interlocutory appeal re qualified immunity in 1983 action
06a0442p.06	2006/11/29	USA v. Ellis     Middle District of Tennessee at Columbia Drug offense with intent to manufacture
06a0443p.06	2006/11/29	USA v. Clark     Western District of Tennessee at Jackson Sentencing guidelines followed
06a0444p.06	2006/11/29	USA v. Jones     Eastern District of Tennessee at Knoxville Gov't can reintroduce dismissed charges following successful appeal from conditional guilty plea
06a0445p.06	2006/11/30	USA v. Jackson     Western District of Tennessee at Jackson Criminal: Search and seizure
06a0446p.06	2006/11/30	USA v. Cousins     Northern District of Ohio Sentencing guidelines
06a0447p.06	2006/11/30	Club Italia Soccer v. Shelby     Eastern District of Michigan at Detroit Government contracting bid and 1983
06a0448p.06	2006/11/30	Hutchison v. Fifth Third Bancorp     Southern District of Ohio at Cincinnati Merger or businesses  and ERISA benefit plans
06a0449p.06	2006/11/30	James v. Warden     Southern District of Ohio at Dayton Claim of ineffective assistance of counsel
06a0450p.06	2006/12/01	Lyell v. Renico     Eastern District of Michigan at Detroit Jury polling; Judge's action violative of due process

 

6th Cir. Published Decisions for Nov 20-24, 2006

Opinion	Pub Date	Short Title/District
06a0427p.06	2006/11/20	USA v. Gale     Southern District of Ohio at Columbus Criminal Sentencing
06a0428p.06	2006/11/20	Higgins v. Renico     Eastern District of Michigan at Bay City Conditional Habeas Corpus granted
06a0429p.06	2006/11/20	USA v. Magouirk     Eastern District of Tennessee at Winchester Criminal: Sentencing
06a0430p.06	2006/11/21	USA v. Portela     Eastern District of Tennessee at Greeneville Criminal:L Sentencing
06a0431p.06	2006/11/21	Vanguard Fire v. NLRB     State of Michigan Agency Labor Law:  Withdrawing recognition
06a0432p.06	2006/11/22	Ford v. Wilder Western District of Tennessee at Memphis Elections:  Jurisdiction and atty fees
06a0433p.06	2006/11/22	Bank of New York v. Janowick Western District of Kentucky at Owensboro Insurance: Interpleader for money found during reorganization KAREN NELSON MOORE, Circuit Judge. When an insurance company’s reorganization yields a pot of money that no one expected or even envisioned, who receives the proceeds? In short, that is the issue this case requires the court to resolve. Bank of New York (“BNY”) filed this interpleader action to resolve conflicting claims to stock it received from Prudential Insurance Company of America’s demutualization, i.e., its reorganization from a mutual insurance company to a stock company. BNY received the stock as successor-in-interest to the former trustee of the National-Southwire Aluminum Company (“NSA”) Pension Plan (“NSA Plan” or “Plan”). The Plan terminated in 1986, and the trustee used the Plan’s assets to purchase two group annuity contracts, which satisfied the Plan’s ERISA obligations to the employees. The claimants to the stock are a class of employees (“Employees”) of the now-defunct NSA (represented by Defendants-Appellants Janowick, Erwin, and Kannapel), Defendant-Appellee Southwire Company (“Southwire”) (the parent company of the former NSA), and Defendant-Appellant Century Aluminum Company (“Century”) (the purchaser of the former NSA’s assets). The district court addressed the claims in two phases, first concluding via summary judgment that Southwire’s claims were superior to those of the Employees, and next concluding that Southwire’s claims trumped Century’s. The Employees and Century both appeal. Regarding the Employees’ appeal, we REVERSE the district court’s grant of summary judgment to Southwire, as we conclude that both Kentucky law and the nature of demutualization compel the conclusion that the Employees are entitled to the proceeds, and REMAND for further proceedings consistent with this opinion. As to Century’s appeal, we VACATE the district court’s judgment and DISMISS Century’s appeal as moot, as we conclude that Century could not have purchased from Southwire that which Southwire never owned.
06a0434p.06	2006/11/22	Scarbrough v. Morgan Cnty Bd Ed     Eastern District of Tennessee at Knoxville Specifically, he claims that when the Board  enied him  the position of Director of  schools, it was retaliating against him for exercising his First Amendment freedoms and treating him differently than similarly situated  applicants based only upon their animus toward homosexuals.

6th Cir. Published Decisions for Nov 13-17, 2006

Opinion	Pub Date	Short Title/District
06a0419p.06	2006/11/13	Cinti Women's Serv v. Voinovich     Southern District of Ohio at Cincinnati Abortions
06a0420p.06	2006/11/13	Hughes v. Sanders     Southern District of Ohio at Columbus Bankruptcy: Discharge (judgment)
06a0421p.06	2006/11/14 CRIMINAL	USA v. Watford Western District of Kentucky at Louisville Criminal HAROLD A. ACKERMAN, Senior District Judge. Defendant-Appellant Marlon L. Watford appeals from the District Court’s judgment of conviction and sentence following a jury’s guilty verdicts on counts of narcotics and firearm possession. Watford, through his able counsel, contends that the District Court erred in several critical respects by allowing this case to proceed to trial after a lengthy pretrial delay during which the Government filed three superseding indictments. He also asserts that the District Court erred in its handling of voir dire and several sentencing-related issues. Having carefully considered Watford’s arguments in light of the record submitted on appeal, we find no reversible error in the District Court’s adjudication of this case. Accordingly, for the reasons that follow, we AFFIRM.
06a0422a.06	2006/11/15	USA v. Seymour     Western District of Michigan at Marquette Evidence: KRE 403 (prior sexual molestations)
06a0423p.06	2006/11/15	USA v. Ganier     Middle District of Tennessee at Nashville Criminal: FRCP 16(a)(1)(G) expert disclosures.
06a0424p.06	2006/11/16	Berri v. Gonzales     Board of Immigration Appeals Immigration
06a0425p.06	2006/11/16	USA v. Ely     Western District of Tennessee at Memphis Crimimal: Forfeitures, drug case
06a0426p.06	2006/11/16	Henderson v. Walled Lake     Eastern District of Michigan at Detroit Sexual Harassment, school, cheerleaders

6th Cir. Published Decisions for Nov 6 -10, 2006

Opinion	Pub Date	Short Title/District
06a0412p.06	2006/11/06	USA v. Armstead     Western District of Tennessee at Memphis
06a0413p.06	2006/11/07	In re: 5900 Assoc v.     Eastern District of Michigan at Detroit
06a0414p.06	2006/11/07	USA v. Hynes     Eastern District of Michigan at Detroit
06a0415p.06	2006/11/09	Rittenberry v. Morgan     Middle District of Tennessee at Cookeville
06a0416p.06	2006/11/09	USA v. Garrido     Western District of Kentucky at Bowling Green
06a0417p.06	2006/11/09	Stewart v. Wolfenbarger     Eastern District of Michigan at Detroit
06a0418p.06	2006/11/09	Joseph v. Coyle     Northern District of Ohio

6th Cir. Published Decisions for Oct. 30 - Nov. 3, 2006

Opinion	Pub Date	Short Title/District
06a0400p.06	2006/10/30	Tritent Intl Corp v. Comwlth of KY     Eastern District of Kentucky at Frankfort
06a0401p.06	2006/10/30	USA v. Jackson     Western District of Tennessee at Memphis
06a0402p.06	2006/10/30	United Steelworkers v. Saint-Gobain Ceramic     Western District of Kentucky at Louisville
06a0403p.06	2006/10/31	Patterson v. Haskins     Southern District of Ohio at Columbus
06a0404p.06	2006/10/31	USA v. Johnson     Western District of Tennessee at Jackson
06a0405p.06	2006/10/31	EEOC v. Jefferson Cnty     Western District of Kentucky at Louisville
06a0406p.06	2006/10/31	NE OH Coalition v. Blackwell     Southern District of Ohio at Columbus
06a0406p.06	2006/10/31	NE OH Coalition v. Blackwell     Southern District of Ohio at Columbus
06a0407p.06	2006/11/01	Slaughter v. Parker     Western District of Kentucky at Louisville
06a0408p.06	2006/11/02	Solomon v. USA     Southern District of Ohio at Cincinnati
06a0409p.06	2006/11/02	USA v. Triana     Northern District of Ohio
06a0410p.06	2006/11/02	Amir v. Gonzales     Board of Immigration Appeals

6th Cir: Published Decisions for Oct. 23-27, 2006

Opinion	Pub Date	Short Title/District
06a0389p.06	2006/10/24	Ramaj v. Gonzales     Board of Immigration Appeals
06a0390p.06	2006/10/24	EEOC v. Sundance Rehab Corp     Northern District of Ohio
06a0391p.06	2006/10/24	Adika v. Smith     Western District of Kentucky at Louisville
06a0392p.06	2006/10/24	Moross Ltd v. Fleckenstein Cap Inc     Eastern District of Michigan at Detroit
06a0392p.06	2006/10/24	Moross Ltd v. Fleckenstein Cap Inc     Eastern District of Michigan at Detroit
06a0393p.06	2006/10/25	GMC v. Lanard Toys Inc     Eastern District of Michigan at Detroit
06a0394p.06	2006/10/25	House v. Bell     Eastern District of Tennessee at Knoxville
06a0395p.06	2006/10/25	Nicholson v. Warren     Eastern District of Michigan at Detroit
06b0007p.06	2006/10/25	In re: Alan Raynard v.     Western District of Michigan at Marquette
06a0396p.06	2006/10/26	Williams v. Haviland     Northern District of Ohio
06a0397p.06	2006/10/27	Bergman v. Frey     Northern District of Ohio
06a0398p.06	2006/10/27	Dozier v. Sun Life Assurance     Eastern District of Kentucky at London
06a0399p.06	2006/10/27	USA v. Seymour     Western District of Michigan at Marquette
06a0411p.06	2006/10/23	USA v. Haynes     Middle District of Tennessee at Nashville