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

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    PUBLISHED OPINIONS

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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FULL-TEXT PUBLICATION OPINIONS
      

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

Comments

[Pontsho]

You're much braver than I am, vutiernng out on Friday. I don't have the patience to deal with the other shoppers.Also, yay Predators! I'm a big fan of anyone who beats the Red Wings. Which might prove interesting in the coming months, as my new boss is a HUGE Detroit fan.