Oct. 6-10, 2008: US 6th Circuit Court of Appeals Decisions

  PUBLISHED DECISIONS

Opinion	Short Title/District
08a0359p.06 2008/10/06	Newman v. Metrish     Eastern District of Michigan at Detroit
08a0360a.06 2008/10/06	Ley v. Visteon Corp     Eastern District of Michigan at Detroit McKEAGUE, Circuit Judge. Plaintiffs Glynn Ley and Public Employees’ Retirement System of Mississippi (collectively, “Plaintiffs”) appeal a district court’s grant of Defendants’ Visteon Corporation, Peter Pestillo, Michael Johnston, Daniel R. Coulson, James Palmer, and Pricewaterhousecooper, L.L.P., (“PwC”) (collectively, “Defendants”) motions to dismiss Plaintiffs’ class action securities violation claims. Upon review of the record and the applicable law, we AFFIRM the judgment of the district court.
08a0361p.06 2008/10/07	USA v. Castano     Eastern District of Michigan at Detroit
08a0362p.06 2008/10/07	M.A.L. v. Kinsland     Eastern District of Michigan at Detroit McKEAGUE, Circuit Judge. Plaintiffs Glynn Ley and Public Employees’ Retirement System of Mississippi (collectively, “Plaintiffs”) appeal a district court’s grant of Defendants’ Visteon Corporation, Peter Pestillo, Michael Johnston, Daniel R. Coulson, James Palmer, and Pricewaterhousecooper, L.L.P., (“PwC”) (collectively, “Defendants”) motions to dismiss Plaintiffs’ class action securities violation claims. Upon review of the record and the applicable law, we AFFIRM the judgment of the district court. requirements of appropriate discipline in the operation of the school, citing the Supreme Court’s decision in Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969). The district court permanently enjoined enforcement of Jefferson Middle School’s distribution policy and its prohibition on the student’s hallway distribution. The court also awarded the student one dollar in nominal damages. For the reasons that follow, we reverse the district court’s entry of a permanent injunction and its award of nominal damages.
08a0363p.06 2008/10/07	USA v. Alexander     Western District of Michigan at Grand Rapids
08a0364p.06 2008/10/08	Zhang v. Mukasey     Board of Immigration Appeals
08a0365p.06 2008/10/08	Rose Bogaert v. Terri Land     Western District of Michigan at Grand Rapids The plaintiff is the sponsor of a petition to recall a Michigan state legislator from office. In June 2008, Michigan Secretary of State Terri Lynn Land, invoking the provisions of M.C.L. § 168.957, declared that the plaintiff had not obtained the required number of votes to put the recall issue on the ballot. The plaintiff then filed this civil rights action asserting that M.C.L. § 168.957 violated the First Amendment. She also filed a motion for a preliminary injunction ordering Secretary Land to re-examine the recall petitions without applying the challenged state statute. Representative Andrew Dillon, the subject of the recall petition, was permitted to intervene, as were Wayne County Clerk Cathy M. Garrett and the Wayne County Election Commission – the latter two being responsible for the final preparation of the ballot in the state legislative district represented by Dillon.
08b0014p.06 2008/10/08	In re: Gerald A. Wingerter v.     U.S. Bankruptcy Court - Akron
08a0366a.06 2008/10/09	USA v. Lawson     Northern District of Ohio at Toledo
08a0367p.06 2008/10/09	Thomson, et al. v. Toyota Motor, et al.     Northern District of Ohio at Cleveland AVERN COHN, District Judge. This is a tort case. Plaintiffs-Appellants, the Estate of Dorothy Thomson (“the Estate”) and Colleen Miller sued Defendants-Appellees, Toyota Motor Corporation Worldwide (“TMC”) and Thrifty Rent-A-Car Systems, Inc. (“Thrifty”) in the Northern District of Ohio following a car accident in South Africa in which Colleen Miller and Dorothy Thomson were injured. Thomson subsequently died from her injuries. The district court granted TMC’s motion to dismiss for lack of personal jurisdiction and sua sponte dismissed plaintiffs’ claims agaaffirm.
08a0368p.06 2008/10/09	Richard Cooey, II v. Ted Strickland     Southern District of Ohio at Columbus
08a0369p.06 2008/10/10	Johnson v. Bagley     Southern District of Ohio at Cincinnati
08a0370p.06 2008/10/10	Grace Community Church v. Lenox Tonwship     Eastern District of Michigan at Detroit McKEAGUE, Circuit Judge. Grace Community Church applied for and was granted a special land use permit by the Lenox Township Planning Commission to operate a residential facility for religious instruction and spiritual counseling. The special use permit included certain restrictions. A month later, the Planning Commission, faced with evidence that the restrictions had been violated, revoked the permit. Instead of attempting to rebut or explain the evidence or appealing the revocation to the Zoning Board of Appeals, Grace Community Church filed suit. The complaint challenges the revocation as a violation of the Church’s rights under the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. §§ 2000cc et seq., and as a denial of equal protection. The district court awarded summary judgment to the Township, concluding the action was not ripe, as the Church had failed to exhaust administrative remedies and obtain a final decision before filing suit. On appeal, Grace Church contends exhaustion is not prerequisite to enforcement of rights under the RLUIPA, relying primarily on DiLaura v. Ann Arbor Twp., 30 F. App’x 501 (6th Cir. 1 2002). For the reasons that follow, we find no error and therefore affirm the district court’s judgment.
08a0371p.06 2008/10/10	Andrews v. Columbia Gas     Southern District of Ohio at Columbus McKEAGUE, Circuit Judge. This diversity case involves what some consider to be a David” standing up to an “out-of-state corporate Goliath.”1 Plaintiffs Donald S. Andrews and Jill Beeler Andrews appeal the district court’s determination that defendant Columbia Gas Transmission Corporation (“Columbia Gas”) is entitled to clear a fifty-foot right of way around each of its natural gas pipelines running through plaintiffs’ property. For the reasons stated below, we AFFIRM.
08a0372p.06 2008/10/10	S.E. v. Grant County Board of Education     Eastern District of Kentucky at Covington McKEAGUE, Circuit Judge. This diversity case involves what some consider to be a David” standing up to an “out-of-state corporate Goliath.”1 Plaintiffs Donald S. Andrews and Jill Beeler Andrews appeal the district court’s determination that defendant Columbia Gas Transmission Corporation (“Columbia Gas”) is entitled to clear a fifty-foot right of way around each of its natural gas pipelines running through plaintiffs’ property. For the reasons stated below, we AFFIRM.

    NOT RECOMMENDED FOR FULL-TEXT PUBLICATION OPINIONS
       

Opinion	Short Title/District
08a0600n.06	Hughes v. Zurz     Southern District of Ohio at Columbus
08a0600n.06	Hughes v. Zurz     Southern District of Ohio at Columbus
08a0601n.06	Barber v. Louisville Jefferson     Western District of Kentucky at Louisville McKEAGUE, Circuit Judge. Ronald Barber ("Barber") and the Louisville and Jefferson County Metropolitan Sewer District ("MSD") both appeal summary judgment orders entered by the district court during the course of the trial on Barber’s First Amendment and state whistleblower claims. For the reasons stated below, we affirm the district court’s orders.
08a0602n.06	USA v. Boyett     Western District of Tennessee at Memphis
08a0603n.06	USA v. Earl McBee     Eastern District of Tennessee at Knoxville
08a0604n.06	USA v. Brock     Western District of Michigan at Grand Rapids
08a0605n.06	USA v. Mitchell     Western District of Michigan at Grand Rapids
08a0605n.06	USA v. Lofton     Western District of Michigan at Grand Rapids
08a0606n.06	Chandler v. Village of Chagrin Falls     Northern District of Ohio at Cleveland
08a0607n.06	Rusishvili v. Mukasey     Board of Immigration Appeals

Comments

[Harod]

I'm 45 and ran competitvely in high socohl, NCAA II and for a running shoe store out of college. I kept running faster times until I had kids and then backed off. Since kids, I mostly ran to eat (ie. run just enough so I could still eat pretty much anything I wanted). At that time, the 'Personal Worst" or "PW" period began. The PW is when you run as fast as you possibly can given your current fitness level, however the end result is clocking the slowest time you ever have at the distance. I think it has been healthy to not take running so seriously. Your kids certainly don't care how fast you run, nor do too many other people. I've taken up cycling, nordic skiing, sailing, coach my kid's sports teams, etc. All in all, living a more balanced life not worried about getting in a speed workout or a long run or a certain number of miles in. Last year, I took up running again with a renewed outlook and ran a 10 mile race at the same time I did in 1992. This year, I signed up for the Twin Cities Marathon and am totally stoked about training for it. Although, it is not possible to attain times I hit years ago, I enjoy running as much as I ever have. For me, this is because I took time off and came back to it. It's hard to walk away from something you love.

[Heliana]

if you're ever watched the tbnuire company erect one one these tbnuires(i have, many, many times) you would wonder that if they decided to dismantle the tbnuires, how will they remove the base hub that attaches to the bottom of the column, out of the ground ? it is set in 525 yards of concrete. plus there's four arm sized cables that run across the property.i was told that Duke may be gone, and that another company that's in good standing with Consumers Energy will be trying to install their tbnuires in Benzie county. should they succeed, i shall sell my house on benzie highway and find another peaceful area where i can spend my retirement.after all, i get to see/hear 144 of those things down here in st louis MI ..for those of you who endore these tbnuires, i invite you to come down here and stop along side the road and listen to these things it's only a couple hour ride, it may be the smartest drive you ever took.