Sixth Circuit Cases

Nov. 10-14, 2008: US 6th Circuit Court of Appeals Decisions

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Opinion	Short Title/District
08a0396p.06	Herbert Derickson v. United States Dep't of Agriculture     Department of Agriculture
08a0397p.06	Davie v. Mitchell     Northern District of Ohio at Cleveland
08b0020p.06	In re: Janice B. Meadows v.     U.S. Bankruptcy
08b0020p.06	In re: Janice B. Meadows v.     U.S. Bankruptcy
08a0398p.06	USA v. Davis     Eastern District of Michigan at Bay City
08a0399p.06	Kaba v. Mukasey     Board of Immigration Appeals
08a0400p.06	USA v. Walls     Eastern District of Michigan at Detroit
08a0401p.06	Lorillard Tobacco Co v. Chester Willcox     Southern District of Ohio at Columbus The Honorable Solomon Oliver, Jr., United States District Judge for the Northern District of Ohio, sitting by designation. CLAY, Circuit Judge. Plaintiffs, Lorillard Tobacco Company, Phillip Morris USA Inc., and R.J. Reynolds Company, brought this interpleader action against a number of attorneys, including 1 No. 07-3589 Lorillard Tobacco Co., et al. v. Chester, Willcox, and Saxbe, et al. Page 2 the five Defendants-Appellants (“Florida Counsel”),1 to determine the proper recipients of four annual $125 million payments that Plaintiffs agreed to pay as part of an attorneys’ fee agreement related to the 1998 tobacco settlement. Florida Counsel, five law firms that represented the State of Florida in the tobacco litigation, appeal the district court’s order overruling their objections to claims to the proceeds of the settlement of the interpleader action by five limited liability companies and Deutsche Bank Trust Company of America (“Deutsche Bank”). For the reasons that follow, we REVERSE the district court’s ruling and REMAND for further proceedings.
08a0402p.06	USA v. Kemp     Western District of Tennessee at Jackson

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Opinion	Short Title/District
08a0686n.06	Gregory Suslovic v. Black & Decker, Inc.     Northern District of Ohio at Cleveland
08a0687n.06	USA v. Ross     Southern District of Ohio at Cincinnati
08a0688n.06	Victor Deleon v. City of Ecorse     Eastern District of Michigan at Detroit
08a0690n.06	USA v. Davis     Eastern District of Tennessee at Greeneville
08a0691n.06	USA v. Beard     Western District of Michigan at Grand Rapids
08a0692n.06	USA v. Thompson     Eastern District of Michigan at Detroit
08a0693n.06	USA v. Tariq Hamad     Eastern District of Michigan at Detroit
08a0694n.06	USA v. Prisel     Northern District of Ohio at Cleveland
08a0695n.06	Medicine Shoppe-Jonesborough v. Drug Enforcement Admin     Drug Enforcement Agency
08a0696n.06	Coffee Beanery, Ltd v. WW LLC     Eastern District of Michigan at Detroit

Nov. 3-7, 2008: US 6th Circuit Court of Appeals Decisions

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Opinion	Short Title/District
08a0393p.06	USA v. Simpson     Eastern District of Tennessee at Greeneville
08a0393p.06	USA v. Simpson     Eastern District of Tennessee at Greeneville
08b0018p.06	In re: HNRC Dissolution Co. v.     U.S. Bankruptcy Court - Ashland
08a00394a06	Josephine Bowie v. Commissioner of Social Security     Eastern District of Michigan at Bay City
08a0394a.06	Josephine Bowie v. Commissioner of Social Security     Eastern District of Michigan at Bay City
08a0395p.06	Billy Exum v. NLRB     National Labor Relations Board
08b0019p.06	In re: Jennifer Cassim v.     U.S. Bankruptcy Court - London

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Opinion	Short Title/District
08a0659n.06	Earl Burkholder, Jr. v. International Union United Aut     Northern District of Ohio at Toledo
08a0660n.06	Tabatha Manley v. Paramount's Kings Island     Southern District of Ohio at Cincinnati
08a0661n.06	USA v. Williams     Western District of Tennessee at Memphis
08a0662n.06	USA v. Jeffress     Eastern District of Tennessee of Chattanooga
08a0663n.06	USA v. Brown     Western District of Kentucky at Louisville
08a0664n.06	Edward Lucas v. City of Ludlow, Kentucky     Eastern District of Kentucky at Covington
08a0665n.06	Eddie Pillow v. City of Lawrenceburg, Tennesse     Middle District of Tennessee at Columbia
08a0666n.06	USA v. Keith Dunn     Eastern District of Michigan at Detroit
08a0667n.06	Derek Hamilton v. Ashland County Board of Elections     Northern District of Ohio at Cleveland
08a0668n.06	USA v. Martin     Northern District of Ohio at Cleveland
08a0669n.06	Roger Estill v. Georgianna Cool     Southern District of Ohio at Columbus
08a0670n.06	USA v. Tommy McKinney     Western District of Michigan at Grand Rapids
08a0671n.06	Zhu v. Mukasey     Board of Immigration Appeals
08a0672n.06	Per-Co Ltd v. Great Lakes Factors     Northern District of Ohio at Toledo
08a0673n.06	USA v. Michael Springer     Western District of Tennessee at Memphis
08a0674n.06	Hanger Prosthetics & Orthotics v. Richard Henson     Eastern District of Tennessee at Knoxville
08a0675n.06	USA v. Freddie Freeman     Eastern District of Kentucky at London
08a0676n.06	Schreiber v. Moe     Western District of Michigan at Grand Rapids
08a0677n.06	Germany-Johnson v. Comm Social Security     Northern District of Ohio at Cleveland
08a0678n.06	Dixon v. Moore     Southern District of Ohio at Dayton
08a0679n.06	USA v. Rhodes     Eastern District of Michigan at Flint
08a0680n.06	Richard Whitescarver v. Sabin Robbins Paper Co     Southern District of Ohio at Cincinnati
08a0681n.06	Jean Calderon v. Ford Motor Credit Company     Eastern District of Michigan at Detroit
08a0682n.06	Roszetta McNeil v. Wayne County     Eastern District of Michigan at Detroit
08a0683n.06	Lexus Real Estate v. Bullitt Cnty Bank     Western District of Kentucky at Louisville
08a0684n.06	Clark v. Adams     Eastern District of Kentucky at Lexington

Oct. 27-31, 2008: US 6th Circuit Court of Appeals Decisions

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Opinion	Short Title/District
08a0388p.06	Robert Langley v. Prudential Mortgage Capital Co     Eastern District of Kentucky at Lexington PER CURIAM.1 This case involves two sizeable real estate loans — one for $43 million, the other for $14 million — by Prudential, the lender, to Robert Langley, the borrower. The dispositive issue on appeal is whether two contracts, both of which included a forum selection clause choosing New York as the forum for litigation, should be enforced. The federal district court below determined that the contracts were invalid and thus declined to enforce the forum selection clauses. Because a valid and enforceable contract exists, we vacate and remand for the district court to entertain a motion to enforce the forum selection clause under FED. R. CIV. P. 12(b)(6) or 28 U.S.C. § 1404(a).
08a0387p.06	USA v. Kuehne     Southern District of Ohio at Dayton
08a0389p.06	Harkless v. Brunner     Northern District of Ohio at Cleveland
08a0390p.06	USA v. Osborne     Western District of Kentucky at Bowling Green ROGERS, Circuit Judge. In this criminal appeal, Allen Osborne, a modeling agent who defrauded Fruit of the Loom with the help of a Fruit of the Loom employee, appeals his conviction of conspiracy to commit mail fraud and his resulting below-Guidelines sentence. Osborne argues that a variance between the indictment and the proof presented at trial affected his substantial rights and therefore mandates reversal of his conviction. The indictment charged one conspiracy while the proof presented at trial may have established two separate conspiracies, one of which did not involve Osborne. He also argues that his sentence is both procedurally and substantively unreasonable. For the reasons that follow, we affirm Osborne’s conviction and sentence.
08a0391p.06	Ralph Nader v. J. Blackwell     Southern District of Ohio at Columbus
08a0392p.06	United States Student Ass'n Foundation v. Terri Land     Eastern District of Michigan at Detroit
08b0017p.06	In re: Gordon Thomas, Jr. v.     U.S. Bankruptcy Court - Columbia
08b0017p.06	In re: Anthony Shane Jones v.     U.S. Bankruptcy Court - Columbia

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Opinion	Short Title/District
08a0655n.06	Diamond Shilo Craft v. United States     Eastern District of Michigan at Detroit
08a0656n.06	National Business Development v. American Credit Education and     Eastern District of Michigan at Detroit
08a0657n.06	USA v. Zakir Hakim     Eastern District of Michigan at Detroit
08a0658n.06	Rebecca McGlothin v. Commissioner of Social Securit     Southern District of Ohio at Cincinnati