2014 Sixth Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 1509
Date: December 31, 2014
Docket Number: 14-5450
Justia Opinion Summary: Left Fork’s Straight Creek underground coal mine is subject to inspections under the Federal Mine Health and Safety Act, 30 U.S.C. 801, enforced by the Federal Mine Safety and Health Administration (MSHA). During a 2011…
Date: December 24, 2014
Docket Number: 13-5402
Justia Opinion Summary: In 1983, Clifton was convicted of grand larceny, found to be a habitual criminal, and sentenced to life in prison. In 2010, Clifton was paroled. Tennessee’s Court Cost Center sent Clifton an invoice for $124 in…
Date: December 23, 2014
Docket Number: 13-2513
Justia Opinion Summary: A confidential informant told DHS that Garcia and Villegas were selling crystal meth in Michigan; he arranged a meeting between an undercover officer posing as a meth dealer and Garcia. The officer offered to purchase…
Date: December 23, 2014
Docket Number: 13-2735
Justia Opinion Summary: Based on his sexual relationship with a 16-yar-old boy, which included nude photographs and a trip to Florida, the district court found Wright (then age 60) guilty on five counts of sexual exploitation of a minor, 18…
Date: December 23, 2014
Docket Number: 13-4029
Justia Opinion Summary: The FAA may “delegate to a qualified private person . . . the examination, testing, and inspection necessary to issue a certificate … and … issuing the certificate,” 49 U.S.C. 44702(d)(1), and may rescind delegation “at…
Date: December 22, 2014
Docket Number: 11-3363
Justia Opinion Summary: Gumm is mentally retarded, with an IQ of approximately 70. He was convicted of the kidnapping, attempted rape, and murder of a 10-year-old and was sentenced to death. His convictions and sentences were affirmed on direct…
Date: December 22, 2014
Docket Numbers: 12-3457, 13-3431
Justia Opinion Summary: Despite the complete absence of physical evidence and Bies’ repeated proclamations of innocence, Bies was convicted and sentenced to death in Ohio state court in 1992 for the kidnapping, assault, and urder of a…
Date: December 22, 2014
Docket Number: 14-3002
Justia Opinion Summary: Yoder hosts auctions for used construction equipment. Its largest annual auction is in Florida. Efacts, owned by Garafola, provides auctioneers with online bidding platforms. In 2003, Yoder began accepting live Internet…
Date: December 19, 2014
Docket Number: 13-2641
Justia Opinion Summary: Elvira was driving a car, owned by Mullalli, when she hit ice and collided with a negligently parked vehicle. Elvira, who suffered a traumatic brain injury, acute cervical and lumbar sprains, bulging discs, and other…
Date: December 19, 2014
Docket Number: 14-1203
Justia Opinion Summary: Greco drank wine, drove her car into a ditch, and walked to a nearby gas station where she met EMTs refueling their ambulance. They smelled alcohol on her breath and called the police. Greco ran behind the station.…
Date: December 18, 2014
Docket Number: 13-1876
Justia Opinion Summary: Tyler was involuntarily committed to a mental institution, 28 years ago, for less than one month after allegedly undergoing an emotionally devastating divorce. He sought a declaratory judgment that 18 U.S.C. 922(g)(4) is…
Date: December 18, 2014
Docket Number: 13-2451
Justia Opinion Summary: In 2009, Krul, a convicted felon, took a 9mm Glock handgun out of his friend’s basement to use as collateral for a drug deal, but the dealer refused to return it to Krul after the deal was completed. A chain of transfers…
Date: December 18, 2014
Docket Numbers: 13-5599, 13-5578
Justia Opinion Summary: Water flows through Old Hickory Dam on the Cumberland River toward Nashville. The Dam’s reservoir is divided into three pools. If water exceeds the capacity of the surcharge pool, the Army Corps of Engineers must…
Date: December 17, 2014
Docket Number: 14-1028
Justia Opinion Summary: Michigan corrections officers must perform several pre-shift and post-shift activities, including “punching a mechanical time clock,” “waiting in line” for security, and “walking to assigned locations.” These activities…
Date: December 16, 2014
Docket Number: 14-1104
Justia Opinion Summary: Kopko ran SFS in Michigan, providing financial transaction processing and electronic funds transfers to companies engaged in e-commerce, processing those transactions through its Fifth Third account, Fifth Third…
Date: December 12, 2014
Docket Number: 13-5790
Justia Opinion Summary: Miner marketed two schemes that promised to avoid taxes. Miner’s first scheme, IRx Solutions, offered to assist clients in requesting alterations to their Individual Master Files (IMFs), which are internal IRS records…
Date: December 12, 2014
Docket Number: 14-1455
Justia Opinion Summary: Someone murdered Chappelear in February 1992. Sergeant Calhoun of the Hamburg Township police led the investigation. Newman became the primary suspect based. Ballistics showed that Newman’s gun was the murder weapon,…
Date: December 12, 2014
Docket Number: 14-3108
Justia Opinion Summary: P&C filed suit on behalf of Penn, LLC against Prosper Corporation, Prosper’s owners, and their counsel, the Arnold Firm, alleging violations of the Racketeering Influenced and Corrupt Organizations Act, fraud,…
Date: December 10, 2014
Docket Number: 14-8016
Justia Opinion Summary: Debtor had significant financial problems. Morris, Debtor's principal, formed ECM on January 1, 2010, had the Debtor grant him a security interest in its assets, and recorded the financing statement on January 5. On…
Date: December 8, 2014
Docket Number: 13-2388
Justia Opinion Summary: Hoey, who owns a farmers’ market that offers hay rides, pony rides, and pumpkin picking, hired Armbruster to run the hay wagon for eight weekends. Armbruster is now a paraplegic because an accident with the wagon crushed…
Date: December 5, 2014
Docket Number: 13-4386
Justia Opinion Summary: Welch entered a plea agreement to charges of being a felon in possession of a firearm, 18 U.S.C. 922(g)(1). The government withdrew the plea agreement upon receipt of the presentence report, which recommended that Welch…
Date: December 5, 2014
Docket Number: 14-5561
Justia Opinion Summary: In 2006, Thompson signed a $354,800 mortgage note with AME as the lender. Several sections of the note and deed of trust noted AME’s intent to transfer the note. Its signature page contains a signed, undated stamp…
Date: December 4, 2014
Docket Number: 14-3010
Justia Opinion Summary: Keathley retired from working at strip mines. His health deteriorated. He sought Black Lung Benefits Act benefits, 30 U.S.C. 901. Keathley established eligibility under the 15 -year presumption; he had worked in mines…
Date: December 4, 2014
Docket Number: 14-8004
Justia Opinion Summary: Debtors filed their bankruptcy petition on July 30, 2013. The first date set for the meeting of creditors was August 29, 2013. Under 11 U.S.C. 523(c), the deadline for objecting to discharge was October 28. On October…
Date: December 2, 2014
Docket Number: 13-3413
Justia Opinion Summary: In 1999, 76-year-old Dorothy Brown was found murdered in her Cleveland apartment, having suffered blunt-trauma injuries to the head. She was partially clothed, and foreign human pubic hairs were collected from her mouth.…
Date: November 26, 2014
Docket Number: 14-3067
Justia Opinion Summary: Bavelis sought Chapter 11 bankruptcy relief in 2010, based on debts that he had accumulated from numerous business ventures. Bavelis subsequently brought an adversary proceeding against his friend and business associate…
Date: November 18, 2014
Docket Number: 14-5047
Justia Opinion Summary: The Department of Energy hired Vander Boegh in 1992 as landfill manager at the Paducah Gaseous Diffusion Plant. In 1998, DOE awarded the Plant’s contract to BJC, which subcontracted with WESKEM for waste management…
Date: November 17, 2014
Docket Number: 13-3892
Justia Opinion Summary: Pierce Township Officer Homer responded to a call from S.L.’s mother and “smelled smoke.” S.L.’s mother stated that her teenage son had set fires in the house and that she had found smoldering Popsicle sticks in his…
Date: November 17, 2014
Docket Number: 14-5048
Justia Opinion Summary: Ball pleaded guilty to being a felon in possession of a firearm, 18 U.S.C. 922(g)(1). The district court enhanced his sentence under the Armed Career Criminal Act based on three Kentucky state convictions: 1st degree…
Date: November 14, 2014
Docket Number: 13-4052
Justia Opinion Summary: Catholic nuns volunteered with the American Red Cross and the Ross County Emergency Management Agency for an extended time, but did not receive compensation or benefits, complete employment-related tax documentation,…
Date: November 14, 2014
Docket Number: 14-5053
Justia Opinion Summary: In 2001, Memphis required all newly hired fire fighters to become certified as level four emergency medical technicians (EMT-IV). In 2007, the city began requiring all new fire fighters to become certified as paramedics…
Date: November 13, 2014
Docket Number: 12-5947
Justia Opinion Summary: Class representatives sued Kentucky real estate firms, alleging violation of Section 1 of the Sherman Antitrust Act, 15 U.S.C. 1, by participating in a horizontal conspiracy to fix commissions charged in Kentucky real…
Date: November 13, 2014
Docket Number: 13-3088
Justia Opinion Summary: In 1988, a man abducted a woman at gunpoint and sexually assaulted her. Two women were abducted and raped 15 days later. In 1991 Gillispie was convicted of rape and kidnapping and sentenced to 22 to 56 years. The Ohio…
Date: November 10, 2014
Docket Number: 13-4162
Justia Opinion Summary: Williams was arrested on non-felony charges of driving with a license suspended for failure to pay a traffic ticket. After Williams paid her ticket and fines, she was instructed to undress and shower in the presence of a…
Date: November 10, 2014
Docket Number: 14-3154
Date: November 6, 2014
Docket Numbers: 14-5818, 14-1341, 14-3057, 14-3464, 14-5291, 14-5297
Justia Opinion Summary: Same-sex couples living in Michigan. Kentucky, Ohio, and Tennessee successfully challenged a variety of state laws concerning marriage. The Sixth Circuit reversed the district court rulings after exploring Supreme Court…
Date: November 4, 2014
Docket Number: 14-3044
Justia Opinion Summary: The district court awarded Naegel, counsel for a prevailing social security disability benefits applicant, significantly reduced attorneys’ fees under 42 U.S.C. 406(b). He claimed that the court should have approved his…
Date: October 31, 2014
Docket Number: 14-1516
Justia Opinion Summary: Waters, a former Michigan state legislator, became involved in a corruption probe involving her then-live-in companion, political consultant Riddle. With a negotiated plea agreement, Waters pleaded guilty to filing a…
Date: October 30, 2014
Docket Numbers: 13-5560, 13-5423
Justia Opinion Summary: In 2004, the plaintiffs’ Rockvale, Tennessee home burned down. They replaced it with a 2180-square-foot, “triple-wide” manufactured home purchased from the defendant for $160,230. Defendant was responsible for “normal…
Date: October 29, 2014
Docket Number: 13-3821
Date: October 29, 2014
Docket Number: 13-3853
Date: October 27, 2014
Docket Number: 11-4262
Justia Opinion Summary: Following the 2004 murder of Mary Stevenson, an Ohio state-court jury convicted Frazier, of aggravated murder (with two death-penalty specifications), aggravated burglary, and aggravated robbery, and recommended the…
Date: October 27, 2014
Docket Numbers: 13-5454, 13-5452
Justia Opinion Summary: Memphis’s promotional processes have caused controversy for nearly 40 years, prompting numerous lawsuits alleging racial and gender discrimination by such parties including the U.S. Department of Justice, the…
Date: October 27, 2014
Docket Number: 13-6506
Justia Opinion Summary: Jenkins pleaded guilty to being a felon in possession of a firearm, 18 U.S.C. 922(g). The Armed Career Criminal Act (ACCA) imposes a mandatory minimum 15-year sentence on anyone previously convicted of three or more…
Date: October 24, 2014
Docket Number: 13-1899
Justia Opinion Summary: In 2010, GM sold its subsidiary Saab to Spyker: Spyker acquired a majority interest in Saab, and GM retained a minority interest through preferred shares. The parties entered into an agreement under which GM granted Saab…
Date: October 24, 2014
Docket Number: 13-4417
Justia Opinion Summary: Gonzalez entered the U.S. with a temporary-visitor visa in 1999. Three months short of 10 years later, police arrested him in Mississippi for driving without a license. He was served with notice of removal proceedings.…
Date: October 24, 2014
Docket Number: 13-6574
Justia Opinion Summary: After Stratton stopped making payments on her credit card, GE “charged off” Stratton’s $2,630.95 debt, as uncollectible. GE stopped charging Stratton interest. By charging off the debt and ceasing to charge interest GE…
Date: October 24, 2014
Docket Number: 13-6594
Justia Opinion Summary: In 2001, Kentucky State Police officers executed a search warrant at the home of Grubbs’s mother, relating to an investigation into stolen automobiles and operation of a “chop shop” by Grubbs and his brother, Paul. At…
Date: October 24, 2014
Docket Number: 13-6595
Justia Opinion Summary: Frieder joined Morehead State University in 2006 as an assistant professor of art history. During his time in probation, Frieder excelled in professional achievement and service but had difficulty teaching. The reviews…
Date: October 24, 2014
Docket Number: 14-4007
Justia Opinion Summary: Ohio voters can cast a ballot in person on Election Day, or by using absent voter’s ballot procedures, Ohio Rev. Code 3509.01. One can vote by mail or early, in person, at a designated location if a request is timely…
Date: October 23, 2014
Docket Number: 13-6347
Justia Opinion Summary: In 2005, Girl Scouts of the United States (GSUSA) chartered 312 councils until it combined them into 112 councils. It merged councils that did not participate in the National Girl Scout Councils Retirement Plan with…
Date: October 23, 2014
Docket Number: 14-5193
Date: October 22, 2014
Docket Numbers: 13-2619, 13-1821
Justia Opinion Summary: In 2009, two masked men entered the credit union waving guns. The taller was a light-skinned African American wearing a black hooded sweatshirt. The shorter man, fully masked, wore a gray sweatshirt. A teller included…
Date: October 22, 2014
Docket Number: 14-5283
Date: October 21, 2014
Docket Number: 13-1405
Justia Opinion Summary: Roberson was incarcerated at a Michigan correctional facility. Corrections officer Torres went to Roberson’s cell and ordered Roberson to back up to the cell door to be placed in restraints. When Roberson did not comply,…
Date: October 20, 2014
Docket Number: 13-4002
Justia Opinion Summary: In 2005, in connection with a magnetic resonance imaging procedure (MRI), Decker received a dose of Omniscan, a gadoliniumbased contrast agent manufactured by GEHC. After taking Omniscan, Decker developed Nephrogenic…
Date: October 16, 2014
Docket Number: 13-4409
Justia Opinion Summary: After a “buy-bust” operation orchestrated by Dayton police, based on information from a confidential informant, Detective House shot and killed Jordan. Jordan, not the intended target of the bullet, sat in the front…
Date: October 14, 2014
Docket Number: 13-5492
Justia Opinion Summary: Smith was an employee CGC, which offered some employees, including Smith, enhanced compensation if they would remain with CGC through its merger with AEGON. Under the Voluntary Employee Retention and Retirement Program…
Date: October 10, 2014
Docket Number: 13-5597
Justia Opinion Summary: KBC Asset Management sued Omnicare (a pharmaceutical company) and affiliated individuals, on behalf of Ansfield and other similarly situated shareholders, alleging that the defendants had committed securities fraud in…
Date: October 8, 2014
Docket Number: 13-5882
Justia Opinion Summary: In 2011, a group of protesters calling themselves “Occupy Nashville” established an around-the-clock presence on the Nashville War Memorial Plaza, with the aim of bringing attention to disparities in wealth and power in…
Date: October 8, 2014
Docket Number: 14-3037
Justia Opinion Summary: Aspiring Ohio state court judges must run for office and must follow the Code of Judicial Conduct, promulgated by the Ohio Supreme Court. The Code limits candidates’ campaign-related speech to help maintain an…
Date: October 7, 2014
Docket Number: 12-2668
Justia Opinion Summary: Miller disappeared in 1988. In 1999 interviews of Miller’s associates, Lamp admitted involvement in the disappearance and led police to Miller’s remains, buried in woods near Lamp’s property. Lamp stated that he and…
Date: October 2, 2014
Docket Number: 12-2509
Justia Opinion Summary: Calhoun, a Michigan state prisoner, filed a federal habeas petition in 2003. Although the petition included only exhausted claims, Calhoun also sought to litigate some unexhausted claims and moved to stay his petition…
Date: October 1, 2014
Docket Number: 10-1934
Justia Opinion Summary: When a taxpayer is a large corporation such as Ford, it often takes years for the IRS to conduct an audit of the corporation’s tax liability. When the IRS determines that the taxpayer underpaid its taxes, the taxpayer is…
Date: September 30, 2014
Docket Number: 12-4285
Justia Opinion Summary: Nationwide, with 32,000 employees in 49 states, has an ERISA employee-benefits plan that provides short-term disability (STD), long-term disability (LTD), and “Your Time” benefits. An employee can receive Your Time…
Date: September 30, 2014
Docket Number: 13-6486
Justia Opinion Summary: Securities lending is a common practice: securities are temporarily transferred by the lender to a borrower, who is obliged to return the securities, either on demand, or at the end of any agreed term. For the period of…
Date: September 24, 2014
Docket Number: 13-3279
Justia Opinion Summary: Stanovsek, a citizen of Australia, was admitted on a nonimmigrant visitor visa in 1990 and later adjusted status to lawful permanent resident by virtue of his marriage to a U.S. citizen. In 2009, Stanovsek was convicted…
Date: September 23, 2014
Docket Number: 12-6634
Date: September 22, 2014
Docket Number: 12-4288
Justia Opinion Summary: Snelling defrauded investors by soliciting funds for two fictitious financial companies, CityFund and Dunhill, which supposedly invested clients’ money in overseas mutual funds and overnight depository accounts, and…
Date: September 22, 2014
Docket Number: 13-6373
Date: September 22, 2014
Docket Number: 13-6445
Date: September 19, 2014
Docket Number: 13-2437
Justia Opinion Summary: Wataniya, a Qatari corporation, operates restaurant franchises in the Middle East and North Africa. It has never operated any franchises in the U.S., nor does it have any offices, representatives, or employees in…
Date: September 18, 2014
Docket Number: 13-2427
Justia Opinion Summary: McKelvey served in Iraq. In 2004, he attempted to defuse a roadside bomb, and it exploded. He lost his right hand, among other injuries. McKelvey moved back to Michigan and accepted a civilian position with the Army as…
Date: September 18, 2014
Docket Number: 13-5181
Justia Opinion Summary: McKamey, a private non-profit corporation that contracted with Chattanooga to provide animal-welfare services, received complaints about conditions at United pet store. McKamey employees Walsh and Nicholson discovered…
Date: September 16, 2014
Docket Number: 13-3639
Justia Opinion Summary: Rais, born in Pakistan in 1975, entered the U.S. in 2002 to attend school, married a citizen, and applied for adjustment of status to lawful permanent residency. He was convicted of domestic violence against his wife, in…
Date: September 16, 2014
Docket Number: 13-6629
Justia Opinion Summary: The district court entered a preliminary injunction, enjoining Ohio from enforcing SB 238’s amendments to section 3509.01 of the Ohio Revised Code reducing the EIP [early in person] voting period from 35 days before an…
Date: September 15, 2014
Docket Number: 14-8007
Justia Opinion Summary: Debtors developed and sold property in “The Village of Arcadian Springs,” in Anderson, Tennessee. Plaintiffs alleged that they were fraudulently induced to purchase waterfront lots by misrepresentations concerning…
Date: September 15, 2014
Docket Number: 14-8009
Justia Opinion Summary: Schwab filed a chapter 11 bankruptcy petition in 2010. HLP was appointed as bankruptcy counsel. Schwab’s individual directors/shareholders filed an adversary proceeding against Attorney Oscar and HLP, asserting…
Date: September 12, 2014
Docket Number: 13-2055
Justia Opinion Summary: Bell dealt crack cocaine for years and customarily cooked it in his kitchen; police stopped his car after receiving a tip and found 58 grams of crack cocaine and thousands of dollars in cash. In his home they found three…
Date: September 12, 2014
Docket Number: 13-3994
Justia Opinion Summary: Forester was awarded benefits under the Black Lung Benefits Act, 30 U.S.C. 901-944, as amended by the Patient Protection and Affordable Care Act, 124 Stat. 119, after the ALJ determined that Forester’s five years of…
Date: September 12, 2014
Docket Number: 13-4358
Justia Opinion Summary: Elsass and his companies, FRG, and STS, were charged with violations of the Tax Code, including claiming theft-loss deductions for losses that did not involve criminal conduct, claiming those deductions before it was…
Date: September 12, 2014
Docket Number: 14-3877
Justia Opinion Summary: The district court entered a preliminary injunction prohibiting Ohio from enforcing and implementing SB 238’s amendments to section 3509.01 of the Ohio Revised Code reducing the EIP [early in person] voting period from…
Date: September 11, 2014
Docket Number: 13-5714
Justia Opinion Summary: Young helped a neighbor sort and sell her late husband’s possessions, including a box of seven shotgun shells, which he stored in a drawer where they would be safe from his children. Young had been convicted of several…
Date: September 11, 2014
Docket Number: 13-6147
Justia Opinion Summary: Farah was a member of the Somali Outlaws gang, but renounced his affiliation with the gang. In 2010, while in immigration custody Farah agreed to assist in a government investigation. Farah believed that he would receive…
Date: September 10, 2014
Docket Number: 13-2335
Justia Opinion Summary: Loyd, an African-American woman, began working as a hospital security guard in 1986. In 2001 Loyd had a written warning for failing to help restrain a patient because she questioned the authority of the medical staff to…
Date: September 9, 2014
Docket Number: 13-4212
Justia Opinion Summary: In 2010, federal prisoner Himmelreich filed a complaint against several defendants, alleging multiple causes of action. The district court dismissed for failure to state a claim. The Sixth Circuit affirmed dismissal of…
Date: September 8, 2014
Docket Number: 13-3288
Justia Opinion Summary: Groups of hospitals in the Cincinnati area and in rural Iowa, challenged the Secretary of Health and Human Services’ calculation of how much to pay those hospitals for inpatient services under Medicare Part A. The…
Date: September 8, 2014
Docket Number: 13-3887
Justia Opinion Summary: Rose’s Bidwell, Ohio home was insured by State Farm. Rose also had a Personal Articles Policy that covered two Rolex watches. In 2009, a fire destroyed the house. Later that day, Rose made a claim of $696,373.30 for the…
Date: September 8, 2014
Docket Number: 13-3934
Justia Opinion Summary: Henness was indicted for murder with prior calculation and design; aggravated robbery-murder; and kidnap-murder. He also was charged with aggravated robbery, kidnapping, four counts of forgery, and having a weapon while…
Date: September 8, 2014
Docket Number: 13-4169
Justia Opinion Summary: The Federal Trade Commission (FTC) filed a complaint alleging that Defendants fraudulently marketed and sold debt-related services, failed to provide those services, and retained money as upfront fees in violation of the…
Date: September 8, 2014
Docket Number: 13-4207
Justia Opinion Summary: In 2001, Mirando pleaded guilty to mail fraud, money laundering, and tax evasion relating to the 1995 and 1996 tax years. Following his 2003 release from prison, the IRS assessed additional tax, interest, and penalties…
Date: September 8, 2014
Docket Number: 13-4248
Date: September 4, 2014
Docket Number: 11-6380
Justia Opinion Summary: Clark was charged with making a false statement to a federally licensed firearm dealer, 18 U.S.C. 924(a)(1)(A), and with possession of an unregistered sawed-off shotgun, 26 U.S.C. 5861(d). She entered a nolo contendere…
Date: September 4, 2014
Docket Number: 13-2243
Justia Opinion Summary: Fabian, a financial advisor, diverted millions of dollars to companies that he controlled. He pled guilty to wire fraud, 18 U.S.C. 1343, and agreed to criminal forfeiture, 21 U.S.C. 853, of $4.8 million. He paid one…
Date: September 4, 2014
Docket Number: 13-3838
Justia Opinion Summary: Plaintiffs, physicians and Medicaid providers, wanted to support candidates in the 2010 election, but were barred from doing so by Ohio Rev. Code 3599.45, which limits campaign contributions from Medicaid providers. They…
Date: September 4, 2014
Docket Number: 13-6323
Justia Opinion Summary: F.H., born in 1994, has cerebral palsy syndrome, asthma, sleep apnea, auditory and visual limitations, and significant learning disorders; he needs a wheelchair or walker and has limited use of his hands. It is difficult…
Date: September 3, 2014
Docket Number: 13-2496
Justia Opinion Summary: Using the ARES Peer-to-Peer network, DHS agents downloaded child pornography images from Mabee's Internet address six times in 2012. Agents confronted Mabee at his home and Mabee admitted that he used the ARES software…
Date: September 3, 2014
Docket Number: 13-2498
Justia Opinion Summary: U.S. Marshals arrived at Krause’s Redford home on December 12, 2008 with a warrant for Krause’s arrest for felony possession of more than 50 grams of cocaine. When Krause saw the Marshals, he slammed the door shut and…
Date: September 3, 2014
Docket Number: 13-2554
Justia Opinion Summary: Kathleen was a tenured professor of geology at Central Michigan University (CMU). In 2011, her husband Christopher, a CMU student, sponsored a vote of no confidence in the president and provost of the university. Shortly…
Date: September 2, 2014
Docket Number: 11-3453
Justia Opinion Summary: In 1991 Loza shot and killed four members of his pregnant girlfriend’s family. An Ohio jury convicted him of four counts of aggravated murder and he was sentenced to death. Ohio state courts affirmed Loza’s convictions…
Date: September 2, 2014
Docket Number: 13-1558
Justia Opinion Summary: Scheick was hired as Principal of Tecumseh High School in 2004, at 51 years of age, and continued in that position until 2010. For the first three years, Scheick was employed directly by TPS. Then, by agreement, the…
Date: September 2, 2014
Docket Number: 13-5039
Justia Opinion Summary: Prater was convicted as a felon in possession of ammunition, 18 U.S.C. 922(g)(1). Prater’s presentence report determined that U.S.S.G. 2K2.1 provided the base offense level; because Prater had at least two prior felony…
Date: August 29, 2014
Docket Number: 13-1626
Justia Opinion Summary: After selling heroin to an undercover FBI agent, Johnson was charged with a drug offense by the State of Michigan. He declined the state’s plea offer. The state dismissed the charges, and a federal grand jury later…
Date: August 29, 2014
Docket Number: 13-3663
Justia Opinion Summary: Ruiz unsuccessfully applied for asylum in 1993 and was interviewed by an asylum officer in 2007. DHS initiated removal proceedings. Ruiz and his wife, who were in the country illegally, applied to cancel removal and, in…
Date: August 29, 2014
Docket Number: 14-8011
Justia Opinion Summary: The bankruptcy court avoided a the transfer of real property to Blackwell pursuant to 11 U.S.C. 548 and ordered recovery of the transferred property from Blackwell pursuant to 11 U.S.C. 550; the court denied Blackwell a…
Date: August 28, 2014
Docket Number: 11-6414
Justia Opinion Summary: Foster was sentenced to 622 months’ imprisonment for two counts of drug possession, two counts of firearm possession, one count of drug distribution, and one count of conspiracy. Both parties subsequently agreed that…
Date: August 28, 2014
Docket Number: 13-2320
Justia Opinion Summary: After losing millions of dollars because of delays and coordination failures in building a hospital, W.J. O’Neil Company sued its construction manager in state court. In subsequent arbitration, the architect and a design…
Date: August 28, 2014
Docket Number: 13-3358
Justia Opinion Summary: In 1983 Esparza shot and killed Melanie Gerschults during the armed robbery of a Toledo restaurant, during which $110 was taken from the cash register. Another employee escaped and sought help. At trial, a fellow inmate…
Date: August 27, 2014
Docket Number: 13-1635
Justia Opinion Summary: Dearborn hosted the Arab International Festival from 1995 until 2012, welcoming roughly 250,000 people with carnival attractions, entertainment, and international food. The 2012 Festival had 85 vendors, information…
Date: August 27, 2014
Docket Number: 13-1692
Justia Opinion Summary: Batey’s minor nephew Matthew was admitted to a mental health facility. Matthew’s older brother Jason told his parents that Batey had been sexually abusing Matthew and Jason for years. Matthew confirmed the abuse. At…
Date: August 27, 2014
Docket Number: 13-3205
Justia Opinion Summary: In 1995, Mullet bought Jefferson County, Ohio land that became the Bergholz Amish community. As bishop, Samuel controlled life in the Bergholz compound and could order the “shunning” (excommunication) of community…
Date: August 27, 2014
Docket Number: 13-3956
Justia Opinion Summary: Dr. Kiser is trained as a general dentist and as an endodontist specializing in root canal procedures. In 2009, the Ohio State Dental Board issued a warning to Kiser for practicing “outside the scope” of his declared…
Date: August 26, 2014
Docket Number: 11-6088
Justia Opinion Summary: Dura began testing employees at its Lawrenceburg, Tennessee manufacturing facility for substances in illegal drugs and in prescription medications packaged with warnings about operating machinery. Plaintiffs, none of…
Date: August 26, 2014
Docket Number: 12-4481
Justia Opinion Summary: Mateen pleaded guilty to possession of child pornography in violation of 18 U.S.C. 2252(a)(4)(B) after police discovered more than 600 images of child pornography on his computer. In 2006, Mateen had pleaded guilty to…
Date: August 25, 2014
Docket Number: 11-5867
Justia Opinion Summary: Van Tran was born in 1966 in Vietnam, the son of an American serviceman who died two years later. He lived in poverty, and as a child, suffered severe social deprivation. He attended one year of school in the U.S., and…
Date: August 25, 2014
Docket Number: 13-4111
Justia Opinion Summary: The prior owner of the 300-acre STEW Farm in Pickaway County contracted with Watershed Management for construction of waterways and received a subsidy from the Natural Resources Conservation Service (NRCS), a USDA…
Date: August 22, 2014
Docket Number: 11-5500
Justia Opinion Summary: Wallace worked for FedEx for 21 years in a variety of positions. By 2007, she was a senior paralegal, but she had a variety of health problems that required her to take leave from her position. FedEx offered Wallace…
Date: August 22, 2014
Docket Number: 13-5857
Justia Opinion Summary: In 1996, Robinson pleaded guilty to mail fraud and aiding and abetting. The district court sentenced Robinson to 97.5 months of imprisonment and ordered him to pay criminal restitution of $286,875. A year later, Robinson…
Date: August 22, 2014
Docket Number: 13-5975
Justia Opinion Summary: The Green Party of Tennessee and the Constitution Party of Tennessee sought to appear on general election ballots as minor political parties. They filed suit under 42 U.S.C. 1983, challenging laws that they claimed have…
Date: August 22, 2014
Docket Number: 13-6446
Justia Opinion Summary: More than nine years ago, Butler checked into a substance-abuse treatment facility to obtain inpatient rehabilitation for her alcohol addiction. She sought coverage for the treatment through her husband
Date: August 20, 2014
Docket Number: 11-6120
Justia Opinion Summary: Dr. Kutty ran Tennessee and Florida medical clinics under several corporate entities. Physicians employed by the clinics entered the U.S. on J-1 nonimmigrant visas, 8 U.S.C. 1182(j)(1) that allow physicians to remain in…
Date: August 20, 2014
Docket Number: 13-1769
Justia Opinion Summary: Reid was the Executive Director for State and Federal Programs for the River Rouge School District. One of the vendors who received contracts for the district was Flaggs, owned by Reid’s brother-in-law. In a scenario…
Date: August 20, 2014
Docket Number: 13-5625
Justia Opinion Summary: Charged with unlawful possession of a rifle, Tomlinson was represented by an Assistant Federal Public Defender. The venire included 36 prospective jurors. The court awarded Tomlinson 10 peremptory challenges and the…
Date: August 19, 2014
Docket Number: 13-1774
Justia Opinion Summary: Kroll was an emergency medical technician (EMT) for WLAA when she began a romantic affair with her married coworker. As the relationship unraveled, Kroll became increasingly emotional at work. After Kroll had a personal…
Date: August 19, 2014
Docket Number: 13-3324
Justia Opinion Summary: The 1977 Mine Act, 30 U.S.C. 801(c), authorizes the Mine Safety and Health Administration (MSHA) to promulgate mandatory health or safety standards, conduct regular inspections of mines, and issue citations and orders…
Date: August 18, 2014
Docket Number: 13-6266
Justia Opinion Summary: Payne sued Novartis for failing to warn her doctor that two of the drugs it manufactures, Aredia and Zometa, could cause serious damage to a patient’s jaw bones. The drugs are given intravenously, most often to patients…
Date: August 18, 2014
Docket Number: 13-6319
Justia Opinion Summary: Hayden worked as an office manager at MMI beginning in 1997 and was covered by its long-term disability plan, insured and administered by Liberty and subject to the Employee Retirement Income Security Act, 29 U.S.C.…
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