2013 Sixth Circuit US Court of Appeals Case Law
Opinions 1001 - 1500 of 1588
Date: April 25, 2013
Docket Number: 11-2501
Justia Opinion Summary: Plaintiffs allege that Greene performed as an exotic dancer at a 2002 party at Detroit’s mayoral residence and that Mayor Kilpatrick’s wife arrived unexpectedly and assaulted Greene. Months later, Greene was shot to…
Date: April 24, 2013
Docket Number: 12-5779
Justia Opinion Summary: Kentucky provided medical care to its poorest citizens through Medicaid (42 U.S.C. 1396-1) using a traditional fee-for-service model until 2011, when it transitioned to a managed-care program and awarded Coventry a…
Date: April 24, 2013
Docket Number: 12-5785
Date: April 23, 2013
Docket Number: 12-2063
Date: April 23, 2013
Docket Number: 12-5208
Justia Opinion Summary: In 2004 Wallace financed a home purchase with a $272,315 mortgage. He took a second mortgage of $164,500 for improvements and to pay down debt. In 2006, Wallace sought a refinance loan of $422,500. Midwest obtained an…
Date: April 22, 2013
Docket Number: 11-4126
Date: April 22, 2013
Docket Number: 11-5990
Justia Opinion Summary: Under the Medicaid program, the federal government offsets some state expenses for medical services to low-income persons; a state’s plan must cover medical assistance for specific populations, but a state may expand its…
Date: April 22, 2013
Docket Number: 11-6083
Justia Opinion Summary: In 2007, the Army Corps of Engineers issued two nationwide general permits that authorized surface and underground coalmining operations to discharge dredged and fill material into waters of the United States. The Corps…
Date: April 22, 2013
Docket Number: 12-5662
Justia Opinion Summary: Dotson was charged with sexual exploitation of a minor, 18 U.S.C. 2251(a) and possession of child pornography, 18 U.S.C. 2252(a)(4)(B). Prior to trial, the government sought to enter a redacted version of the statement…
Date: April 19, 2013
Docket Number: 11-2018
Justia Opinion Summary: Based on a mortgage fraud scheme that caused the U.S. Department of Housing and Urban Development (HUD) to insure loans for unqualified applicants based upon forged documents and false information provided by Wendlandt,…
Date: April 19, 2013
Docket Number: 11-5509
Justia Opinion Summary: Dodd, an African-American mail carrier for the U.S. Postal Service, was the subject of an investigation for failing to deliver mail. He was arrested and held for seven days before charges were dismissed. He filed suit,…
Date: April 19, 2013
Docket Number: 11-6131
Justia Opinion Summary: Forensic examination of Hargrove’s computer revealed more than 800 images and 16 videos depicting the sexual exploitation of children. “L.S.” appeared in eight of those images, “Amy” in three images, and “Vicky” in one…
Date: April 19, 2013
Docket Number: 12-1173
Justia Opinion Summary: Local resident Banks told police that on a specified date, he witnessed manufacture of methamphetamine, firearms, and a bomb at Hodge’s home. He observed a person shaking “sports drink bottles that appeared to have a…
Date: April 19, 2013
Docket Number: 12-3049
Date: April 19, 2013
Docket Number: 12-3222
Justia Opinion Summary: Sejdini and his family are from the former Yugoslavia. In 1987, Sejdini, then less than a year old, entered the U.S., traveling with his mother by boat from Canada. In 1999, the government placed Sejdini in removal…
Date: April 19, 2013
Docket Number: 12-8026
Justia Opinion Summary: Seven affiliated debtors are entities that conducted deep and strip coal mining and operated coal prep plants and loading facilities in three states. The bankruptcy court authorized joint procedural administration, but…
Date: April 18, 2013
Docket Number: 11-4313
Justia Opinion Summary: Three minors told Cincinnati police that Rose had sexually molested them and had shown them pornographic images on a computer in his bedroom. Police obtained a warrant to search Rose’s computers; its front page…
Date: April 16, 2013
Docket Number: 10-4525
Justia Opinion Summary: In 2004, Yeremin, a Russian citizen who lawfully entered the U.S. in 1999, pleaded guilty (18 U.S.C. 1028(f)) to conspiracy to traffic in identification documents. Section 1028(a)(3) prohibits knowingly possessing with…
Date: April 12, 2013
Docket Number: 11-1845
Justia Opinion Summary: Peterson is a prisoner in Michigan’s Iona maximum-security penitentiary, convicted of murder. After a scuffle during an attempt to remove Peterson from his cell, an officer filed a major misconduct report, alleging…
Date: April 12, 2013
Docket Number: 11-2421
Justia Opinion Summary: Grigoleit supplied knobs for Whirlpool’s washing machines and dryers for several years, and sought to increase prices and amend the parties’ purchase contracts in 2004. The parties reached an amended agreement in 2005,…
Date: April 11, 2013
Docket Number: 11-2570
Justia Opinion Summary: In 1997, Warf began working for Veterans Affairs as a program assistant to the Chief of Psychology. In 2004, a specialist from Human Resources performed an audit and concluded that Warf was performing duties that…
Date: April 11, 2013
Docket Number: 11-3736
Justia Opinion Summary: Grigsby, a middle-age man who lived in homeless shelters, was charged with three unarmed bank robberies, 18 U.S.C. 2113(a). Psychologists conducted examinations and filed reports that diagnosed paranoid schizophrenia and…
Date: April 10, 2013
Docket Number: 12-2021
Justia Opinion Summary: Conlin refinanced with a loan from Bergin, secured by a mortgage containing a provision that recognized MERS as a nominee for Bergin and Bergin’s successors. Bergin sold the note to the Real Estate Mortgage Investment…
Date: April 9, 2013
Docket Number: 11-4039
Justia Opinion Summary: Officers responded to a call describing a male yelling for help outside an apartment, followed by a report that a naked male entered a nearby apartment. Approaching, Tieber encountered a naked male, Martin, age 19,…
Date: April 9, 2013
Docket Number: 12-1850
Date: April 9, 2013
Docket Number: 12-5729
Justia Opinion Summary: Martello, a doctor with a law degree, never passed the bar exam despite four attempts; in 1997 she passed the Multistate Professional Responsibility Examination. In 1991, Martello started reviewing medical malpractice…
Date: April 8, 2013
Docket Number: 11-1822
Justia Opinion Summary: Kerman founded Kenmark. By 2000 its annual sales of eyeglass frames approached $35 million. Kerman’s personal net worth topped $12.5 million. Kerman was Kenmark’s sole owner until 2000, when Kerman sold 27 percent of…
Date: April 8, 2013
Docket Number: 11-2517
Justia Opinion Summary: In 1977, the Environmental Protection Agency sued Michigan, Detroit, and the Detroit Water and Sewerage Department for exceeding effluent limitations and failing to satisfy monitoring requirements under the Clean Water…
Date: April 8, 2013
Docket Number: 12-1254
Justia Opinion Summary: In 2004, El Camino executed equipment leases with Cyberco, a corporation held out to be a computer sales and consulting business. Cyberco actually operated under several names and was engaged in fraud. Its affiliate,…
Date: April 8, 2013
Docket Number: 12-5659
Date: April 5, 2013
Docket Number: 11-6215
Justia Opinion Summary: TracFone provides prepaid wireless phone service primarily through third-party retailers. The Commercial Mobile Radio Service Emergency Telecommunications Board, created by the Kentucky General Assembly to develop an…
Date: April 5, 2013
Docket Number: 12-5522
Justia Opinion Summary: Hammond was convicted of possession with intent to distribute cocaine base. A presentence report noted that the mandatory minimum term was 120 months. At sentencing, the district court determined that a two-level…
Date: April 4, 2013
Docket Number: 10-3546
Justia Opinion Summary: The Securities and Exchange Commission filed a civil enforcement action against 12 defendants, alleging that they violated registration, disclosure, and anti-fraud provisions of federal securities law, in connection with…
Date: April 4, 2013
Docket Number: 12-3918
Justia Opinion Summary: Howard has been employed as an underground face coal miner with CRCC since 2005 and has filed seven prior discrimination complaints under the Mine Act, 30 U.S.C. 815(c)(1), alleging that: CRCC assigned him undesirable…
Date: April 3, 2013
Docket Number: 11-2429
Justia Opinion Summary: An officer pursued Woods’s speeding car to a parking lot. As Woods began exiting the car, the officer ordered Woods to re-enter the car and place his hands on the wheel. Woods did not comply, but reached toward the…
Date: April 3, 2013
Docket Number: 12-5493
Justia Opinion Summary: Cogent sued, alleging that Hyalogic was disseminating false information regarding Cogent’s product Baxyl, an “oral, liquid HA supplement that is sold into the human natural products market.” Shortly after the filing, the…
Date: April 3, 2013
Docket Number: 12-5516
Justia Opinion Summary: After moving to Tennessee, Doyle was charged with failure to register as a sex offender, 18 U.S.C. 2250(a), to which he pleaded guilty without a plea agreement. The district court sentenced Doyle to three years and one…
Date: April 2, 2013
Docket Number: 10-1634
Justia Opinion Summary: The Whites were dealers of Kinkade’s artwork. The parties agreed to arbitrate disputes in accordance with the Commercial Arbitration Rules of the American Arbitration Association. In 2002, they commenced arbitration in…
Date: April 2, 2013
Docket Number: 12-5878
Justia Opinion Summary: A victim, who knew Daws, told deputies that Daws had crashed a shotgun barrel through a window and charged into his house. Daws thrust the gun in his face, took cash, and warned that if the victim called police, Daws…
Date: April 1, 2013
Docket Number: 11-6506
Justia Opinion Summary: During her second grade year and after three years of disagreement between school officials and her parents over requests for certain disability accommodations for A.C., a minor with Type 1 diabetes,the principal made…
Date: April 1, 2013
Docket Number: 11-6520
Justia Opinion Summary: MedQuest is a diagnostic testing company that operates more than 90 testing facilities in 13 states. In 2006 a former MedQuest employee, brought a qui tam suit against MedQuest alleging violations of the False Claims…
Date: March 28, 2013
Docket Number: 09-3812
Justia Opinion Summary: NHTSA is a federal agency within the Department of Transportation that writes and enforces safety standards for motor vehicles. NTEA is a trade organization representing manufacturers who customize bodies for…
Date: March 28, 2013
Docket Number: 11-2328
Justia Opinion Summary: The Clean Air Act New Source Review program forbids construction of new pollution sources without a permit, 42 U.S.C. 7475. Operators of major pollutant-emitting sources who plan construction must make a preconstruction…
Date: March 28, 2013
Docket Number: 11-5545
Justia Opinion Summary: After a Tennessee state court jury convicted Lovins of second-degree murder, the state trial court judge made additional factual findings, employing procedures that the Supreme Court later found unconstitutional, and…
Date: March 28, 2013
Docket Number: 11-6476
Justia Opinion Summary: G.C. began attending school in the Owensboro Public School District as an out-of-district student in 2005. In 2009, G.C. was caught sending text messages in class. School officials confiscated his cell phone and read the…
Date: March 28, 2013
Docket Number: 12-1365
Justia Opinion Summary: Berrien worked for a civilian contractor (TECOM) at a military base in Michigan. He was fatally injured by a gutter that fell from the liquor store on the base while he was working alone, behind the store. The district…
Date: March 28, 2013
Docket Number: 12-3061
Justia Opinion Summary: Former employees of AK Steel filed a class action under the Employee Retirement Income Security Act (ERISA), including claims for a “whipsaw” calculation of their benefits from a pension plan in which they participated…
Date: March 28, 2013
Docket Number: 12-3145
Justia Opinion Summary: AT&T and Intrado, rival telecommunications carriers, submitted to an arbitration conducted by the Public Utilities Commission of Ohio to determine how to interconnect their networks to service 9-1-1 calls. AT&T insisted…
Date: March 27, 2013
Docket Number: 11-2465
Justia Opinion Summary: In 2004 the U.S. Department of Health and Human Services promulgated 42 C.F.R. § 412.106(b), concerning the amount that certain hospitals are entitled to receive as enhancements to their regular reimbursement payments…
Date: March 27, 2013
Docket Number: 12-5194
Justia Opinion Summary: After the child complained of burning during urination, school nurse Sliwowski conducted a visual examination of the six-year-old female student’s genital area for medical purposes. The student’s mother alleges that this…
Date: March 26, 2013
Docket Number: 09-5021
Justia Opinion Summary: In 1992, Hodges pled guilty to first-degree murder in Tennessee and a jury sentenced him to death. The trial court refused to allow his attorneys to ask prospective jurors whether they could consider a life sentence for…
Date: March 25, 2013
Docket Number: 12-1092
Justia Opinion Summary: Judge, who worked as an airline baggage handler and ramp agent for 20 years, underwent surgery to repair an aortic valve and a dilated ascending aorta. He applied for disability benefits under a group insurance policy…
Date: March 25, 2013
Docket Number: 12-8023
Justia Opinion Summary: The Debtors, five single-asset limited partnerships holding apartment complexes developed under the Low-Income Housing Tax Credit Program, 26 U.S.C. 42, filed for relief under Chapter 11 in 2010. The properties were put…
Date: March 21, 2013
Docket Number: 12-3107
Justia Opinion Summary: Plaintiffs, 91 current and former special investigators (SIs) employed by Nationwide Mutual Insurance claimed that Nationwide improperly classified SIs as administrative employees exempt from the overtime requirements of…
Date: March 20, 2013
Docket Number: 12-5532
Justia Opinion Summary: In 1979, Plaintiffs sued under 42 U.S.C. 1983, on behalf of present and future recipients, alleging that Tennessee’s Medicaid program violated federal requirements, 42 U.S.C. 1396, and the Due Process Clause. The decades…
Date: March 19, 2013
Docket Number: 11-2288
Justia Opinion Summary: In 1999, Geraldine Fuhr successfully sued to be instated as varsity boys basketball coach at Hazel Park High School, where she had been employed as varsity girls basketball coach. For five years she coached both teams.…
Date: March 19, 2013
Docket Number: 12-5997
Justia Opinion Summary: Omstott told Lexington police that her boyfriend, Kinison, was involved in criminal sexual activity with children and that Kinison had been sending text messages concerning his desire to get involved with a Savannah…
Date: March 18, 2013
Docket Number: 11-5820
Date: March 18, 2013
Docket Number: 11-5844
Date: March 18, 2013
Docket Number: 11-6044
Date: March 18, 2013
Docket Number: 11-6050
Date: March 14, 2013
Docket Number: 12-5307
Justia Opinion Summary: Tennessee participates in Medicaid through “TennCare,” Tenn. Code 71-5-102. The Medicaid Act requires that TennCare administer an Early and Periodic Screening, Diagnosis, and Treatment program for all enrollees under age…
Date: March 14, 2013
Docket Number: 12-5675
Justia Opinion Summary: Williams, a citizen of Trinidad and Tobago, was convicted in 1999 in New York for a firearms charge and deported. Williams re-entered illegally and in 2002 was arrested for kidnapping, robbery, assault, and marijuana…
Date: March 13, 2013
Docket Number: 10-5493
Justia Opinion Summary: In 1997, Howell, then 17, and five friends left Kentucky, taking guns and a rickety car. At a rest stop in Tennessee, Lillelid, approached the group, sharing his religious views. Risner displayed a gun, directed the…
Date: March 13, 2013
Docket Number: 12-3504
Justia Opinion Summary: Fulgenzi was prescribed the generic drug metoclopramide (FDA approved in 1980), sold originally under the brand name Reglan, a drug approved for short-term treatment of patients suffering from gastroesophageal reflux…
Date: March 12, 2013
Docket Number: 11-2159
Justia Opinion Summary: Between 1982 and 1997, Alfes took out student loans funded by FFELP. Alfes consolidated his student-loan debt; SunTrust was the lender and obligee on the consolidated note and the Pennsylvania Higher Education Assistance…
Date: March 12, 2013
Docket Number: 12-3553
Justia Opinion Summary: Gayheart applied for Social Security disability insurance benefits in 2005 due to manifestations of anxiety, panic disorder, bipolar disorder, and depression. After an initial denial and three separate hearings, an…
Date: March 11, 2013
Docket Number: 12-1609
Justia Opinion Summary: In October 2008, Deputy Kuhn, a black man, stopped Joseph, a white woman for a traffic violation. Joseph falsely reported that Kuhn had raped her during the stop. An internal investigation into the allegation was not…
Date: March 11, 2013
Docket Number: 12-3486
Justia Opinion Summary: While working at a Ford Motor plant, Rudisill was hit in the face by a piece of equipment, was knocked against a wall, fell to the floor, and rolled forward through the floor opening into the hot pit below. He lay there…
Date: March 8, 2013
Docket Number: 11-2632
Date: March 7, 2013
Docket Number: 11-4258
Date: March 5, 2013
Docket Number: 11-4054
Justia Opinion Summary: The Rail Passenger Service Act of 1970, created Amtrak, 84 Stat. 1327, and allowed railroads to be excused from providing intercity passenger service by entering into a contract with Amtrak. In1971, after filing for…
Date: March 4, 2013
Docket Number: 11-6031
Justia Opinion Summary: When her car was stopped, Villega, then pregnant, failed to produce a valid driver’s license. At the jail, an agent of the U.S. through Immigration and Customs Enforcement’s 287(g) program, 8 U.S.C. 1357(g), determined…
Date: March 4, 2013
Docket Number: 12-1357
Justia Opinion Summary: In sight of Nixon and Greene, Ballinger had an argument with Jones, retrieved a rifle and began shooting, then fled. Two men died of gunshot wounds. There was no physical evidence tying Ballinger to the scene; the…
Date: March 4, 2013
Docket Number: 12-3747
Justia Opinion Summary: Abraitis brought a challenge to the reasonableness of an IRS jeopardy determination, 26 U.S.C. 7429 (b). The district court dismissed for lack of jurisdiction and failure to state a claim. The Sixth Circuit affirmed,…
Date: February 28, 2013
Docket Number: 11-2331
Justia Opinion Summary: Sims was set to go to trial on charges that he possessed child pornography (18 U.S.C. 2252(a)(4)(B) and (b)(2)), and that he attempted to produce child pornography (18 U.S.C. 2251(a) and (e)). Four days before trial he…
Date: February 28, 2013
Docket Number: 12-1593
Date: February 28, 2013
Docket Number: 12-1659
Date: February 27, 2013
Docket Number: 11-4267
Justia Opinion Summary: In 2002 Brandeberry sold his phonebook business, AMTEL, to White, who in turn sold the business to Yellowbook, a national publisher of yellow-pages directories. In 2009, Brandeberry started a rival phonebook under the…
Date: February 27, 2013
Docket Number: 11-5544
Justia Opinion Summary: In unrelated child pornography convictions, Gamble and Crawford were ordered by their respective district courts to pay over $1,000,000 in restitution to “Vicky,” the pseudonym of one of the individuals depicted in the…
Date: February 27, 2013
Docket Number: 12-3187
Justia Opinion Summary: Plaintiff, a teacher since 1976, was diagnosed with Type 2 diabetes. By 1999, she required insulin injections. Until 2008, plaintiff was never disciplined. In 2008, plaintiff was summoned to address allegations that she…
Date: February 27, 2013
Docket Number: 12-5298
Justia Opinion Summary: Pagliara, a licensed securities broker for more than 25 years, maintained a spotless record with the Financial Industry Regulatory Authority (FINRA) except for this case. Under a 2002 licensing agreement, Pagliara served…
Date: February 26, 2013
Docket Number: 08-3167
Justia Opinion Summary: Moore was convicted in Ohio state court of aggravated murder, aggravated robbery, and kidnapping. The district court conditionally granted his habeas petition based on claims of ineffective assistance of counsel at…
Date: February 26, 2013
Docket Number: 11-3961
Justia Opinion Summary: Plaintiffs and defendants obtained class certification and settlement approval for a nationwide class action involving three related lawsuits, alleging violations of the Fair Debt Collection Practices Act, 15 U.S.C.…
Date: February 25, 2013
Docket Number: 12-1858
Justia Opinion Summary: For many years, Warren, Michigan, has put up a winter holiday display in the atrium of its civic center, with a range of secular and religious symbols, including a lighted tree, reindeer, snowmen, a nativity, and a…
Date: February 21, 2013
Docket Number: 11-2014
Justia Opinion Summary: Quigley was 23 years old, with no known life-threatening physical conditions when he was transferred from one Michigan Department of Corrections (MDOC) facility to an MDOC guidance center, where he was under the care of…
Date: February 21, 2013
Docket Number: 11-6006
Justia Opinion Summary: KDMC operates a regional medical center. SEIU is a labor union that represents health care and social service workers and has a collective bargaining agreement with KDMC. In 2010, concerned about the cost of health care…
Date: February 21, 2013
Docket Number: 11-6433
Justia Opinion Summary: Officers tried to serve an arrest warrant on Brown at 3171 Hendricks Avenue in Memphis. On Hendricks Avenue, they could not find a house with a 3171 address, but found two houses on opposite sides of the street with a…
Date: February 21, 2013
Docket Number: 12-1393
Date: February 21, 2013
Docket Number: 12-3309
Justia Opinion Summary: The Nimers own land, zoned for residential use, where they operate a business that produces meat snacks. They began constructing buildings to expand the business to include butchering. They did not get zoning…
Date: February 20, 2013
Docket Number: 11-5769
Justia Opinion Summary: Officer Parks stopped the car driven by Johnson based on a seat-belt violation. Approaching the vehicle, he smelled marijuana and noticed a license plate on the seat. A passenger admitted she had smoked marijuana in the…
Date: February 20, 2013
Docket Number: 12-3215
Date: February 15, 2013
Docket Number: 11-4126
Justia Opinion Summary: The Fund, a multi-employer pension plan under ERISA, has a Plan, providing for administration by a Board with authority to make benefit determinations and amend the Plan, including retroactively. No amendment may result…
Date: February 15, 2013
Docket Number: 11-4327
Justia Opinion Summary: Peppel, former President, CEO, and Chairman of the Board of Directors of MCSi, a publicly-traded communications-technology company, conspired with CFO Stanley to falsify MCSi accounting records and financial statements…
Date: February 15, 2013
Docket Number: 12-5237
Date: February 14, 2013
Docket Number: 11-3975
Justia Opinion Summary: Yeremin, a Russian citizen, lawfully entered the U.S. in 1999; in 2004, he pled guilty to violation of 18 U.S.C. 1028(f), for conspiracy to traffic in fraudulent identification documents in violation based on…
Date: February 14, 2013
Docket Number: 11-4077
Date: February 14, 2013
Docket Number: 11-4130
Justia Opinion Summary: Governor Strickland appointed Terry to fill a vacancy on the Cuyahoga County Court of Common Pleas. Terry sought reelection to retain the seat and enlisted the help of County Auditor Russo, a presence in Cleveland…
Date: February 13, 2013
Docket Number: 11-3394
Justia Opinion Summary: For more than 20 years, Kurlemann built and sold luxury homes in Ohio. In 2005-2006 he borrowed $2.4 million to build houses in Mason. When neither sold, he enlisted realtor Duke, who found two straw buyers, willing to…
Date: February 13, 2013
Docket Number: 12-3040
Date: February 12, 2013
Docket Number: 12-3845
Date: February 8, 2013
Docket Number: 10-3469
Justia Opinion Summary: Coley was convicted in Ohio of aggravated murder, attempted murder, kidnapping, aggravated robbery and firearm specifications, based on events that occurred in 1996. He was sentenced to death on the aggravated murder…
Date: February 8, 2013
Docket Number: 11-6241
Justia Opinion Summary: Defendant was convicted of conspiring to possess with intent to distribute more than 1,000 kilograms of marijuana and of aiding and abetting possession with the intent to distribute more than 1,000 kilograms of…
Date: February 8, 2013
Docket Number: 12-5261
Justia Opinion Summary: D.W., age 13, alleged (42 U.S.C. 1983) that state defendants violated his procedural due process rights by listing him on the Tennessee child abuse registry. After an interview with a case manager, D.W. requested review…
Date: February 7, 2013
Docket Number: 11-2271
Justia Opinion Summary: Deen was convicted of distributing five grams or more of cocaine base and sentenced to prison for 66 months, followed by four years of supervised release. Deen began his supervised release in 2011. Months later, at a…
Date: February 7, 2013
Docket Number: 12-1202
Justia Opinion Summary: Glassman is a car dealer in Southfield, Michigan and an authorized Kia dealer, under an Agreement that states that Glassman’s rights are not exclusive. Glassman agreed to assume certain responsibilities in its Area of…
Date: February 7, 2013
Docket Number: 12-1209
Justia Opinion Summary: In 2009, Lumbard was arrested by Michigan authorities on warrants charging breaking and entering, destruction of a building, and larceny. He was released on a $100,000 bond. Other outstanding warrants charged aggravated…
Date: February 7, 2013
Docket Number: 12-1277
Justia Opinion Summary: Johnson was a heroin dealer. After a 17-year-old customer died of acute heroin toxicity, Johnson and customers who had been with the decedent during the fatal overdose were charged in state court. Johnson and one…
Date: February 7, 2013
Docket Number: 12-3419
Justia Opinion Summary: Columbia Gas disagrees with the Singhs over the scope of an existing pipeline right-of-way. Columbia suit in federal court to enjoin the Singhs and their tenant from engaging in activity that Columbia believed could lead…
Date: February 5, 2013
Docket Number: 10-6163
Justia Opinion Summary: In 2004 Stout pleaded guilty to second-degree escape (KY Rev. Stats. 520.030) from the prison where he was incarcerated. Stout admitted to scaling the wall and escaping through a hole in the fence, but denied cutting…
Date: February 4, 2013
Docket Number: 11-6040
Justia Opinion Summary: Wyko sold parts to tire manufacturers, but in the U.S., provided parts for steel tire-assembly machines only for Goodyear. Wyko contracted with HaoHua, owned by the Chinese government, to supply parts unlike any it had…
Date: February 1, 2013
Docket Number: 11-3327
Justia Opinion Summary: USCA is a non-profit national civic league with approximately 27,000 members that devotes itself to conservative values and opposes efforts of the federal government to interfere with market processes. Some of USCA’s…
Date: February 1, 2013
Docket Number: 11-6362
Justia Opinion Summary: The Memphis nightclub is located in a zoning district where adult entertainment has been prohibited since 1993. Although already allowed to present most forms of adult entertainment under a grandfather clause, the club…
Date: January 31, 2013
Docket Number: 11-1588
Justia Opinion Summary: Stoudemire, then age 23, entered the Michigan Department of Corrections system in 2002, suffering from systemic lupus erythematosus, a chronic, painful autoimmune disease; hypercoagulapathy, a related disorder involving…
Date: January 30, 2013
Docket Number: 11-3702
Justia Opinion Summary: Since enacting a program for black-lung benefits in 1969, known as the Black Lung Benefits Act,83 Stat. 742, Congress has repeatedly amended the claim-filing process, sometimes making it harder for miners and survivors…
Date: January 28, 2013
Docket Number: 12-3223
Date: January 22, 2013
Docket Number: 11-3601
Date: January 17, 2013
Docket Number: 11-1890
Justia Opinion Summary: Having secured extensions, the Stockers filed their 2003 tax return in October 2004. In March 2007, the IRS settled an audit of an entity in which the Stockers had lost money. Flintoff, their tax preparer, determined…
Date: January 17, 2013
Docket Number: 12-1311
Date: January 16, 2013
Docket Number: 12-5656
Justia Opinion Summary: Luedtke, a pro se federal prisoner, sought a writ of habeas corpus under 28 U.S.C. 2241, alleging that prison officials violated his Thirteenth Amendment rights by refusing to pay him the wages he earned in his prison…
Date: January 15, 2013
Docket Number: 11-4043
Justia Opinion Summary: Petitioners are citizens of Mali who remained in the U.S. longer than authorized under their visitors’ visas. In 2006, Camara sought asylum and withholding of removal based on past persecution she suffered in the form of…
Date: January 15, 2013
Docket Number: 11-6305
Justia Opinion Summary: Catchings pleaded guilty to one count of identity theft; he had fraudulently opened personal credit-card accounts using his former clients’ personal information without their knowledge. When calculating the amount of…
Date: January 15, 2013
Docket Number: 12-5250
Justia Opinion Summary: Eleven plaintiffs who obtained home loans from Countrywide Bank, sought to challenge alleged racial disparities dating back to 2002 and resulting from Countrywide’s loan-pricing policy for home mortgages. The district…
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