2014 Sixth Circuit US Court of Appeals Case Law
Opinions 501 - 1000 of 1509
Date: August 18, 2014
Docket Number: 13-6514
Justia Opinion Summary: N., an autistic child, born in 2004, was diagnosed with the speech disorder, apraxia. In 2007, N.’s parents enrolled him in district schools, which placed him at St. Rita’s School for the Deaf under an individual…
Date: August 15, 2014
Docket Number: 12-4192
Justia Opinion Summary: Over several years, Douglas sexually abused the dead bodies of murder victims held at the Hamilton County Morgue. His abuse of a body in 1982 led to a false rape conviction. Douglas’s actions were discovered in 2007…
Date: August 15, 2014
Docket Number: 13-2296
Justia Opinion Summary: While working as a home care provider, Carl experienced a psychotic break, urinating on one client’s head. Muskegon County prosecutors charged Carl with vulnerable-adult abuse. He was held at the county jail, which…
Date: August 15, 2014
Docket Number: 13-5539
Date: August 15, 2014
Docket Number: 13-6005
Justia Opinion Summary: Five death-row inmates, housed in a maximum-security prison in Kentucky, filed suit under the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. 2000cc-1(a), which prohibits state and local governments from…
Date: August 14, 2014
Docket Number: 13-1817
Justia Opinion Summary: Plaintiff is the marketer, distributor, and seller of 5-hour ENERGY (FHE), an “energy shot,” which is an energy drink sold and consumed in small portions. Plaintiff began selling FHE in 2004. FHE was not the first energy…
Date: August 14, 2014
Docket Number: 13-4389
Justia Opinion Summary: DiGeronimo and other employers contributed to the Teamsters Local Union No. 293 Pension Plan, which is governed by the Employee Retirement Income Security Act, 29 U.S.C. 1001–1461. Defendants are trustees of the Plan and…
Date: August 14, 2014
Docket Number: 13-6412
Justia Opinion Summary: Between 2009 and 2012, Sunshine and Purdy, a Kentucky dairy farmer, entered into “Dairy Cow Leases.” Purdy received 435 cows to milk, and, in exchange, paid monthly rent to Sunshine. Purdy’s business faltered in 2012,…
Date: August 13, 2014
Docket Number: 12-4510
Justia Opinion Summary: McCarthy worked at Ameritech, a wholly owned subsidiary of AT&T, until her position was terminated in 2008 as part of a reduction in forces. She sought to retire at that time to care for her ailing husband, but…
Date: August 13, 2014
Docket Number: 13-1209
Justia Opinion Summary: Wershe was 17 years and 10 months old when he was arrested in Detroit and charged with various drug crimes. He was convicted of possession with the intent to deliver more than 650 grams of cocaine, and, in 1988, was…
Date: August 13, 2014
Docket Number: 13-2486
Justia Opinion Summary: Because of a 2007 car accident, Glenn suffers from degenerative disc disease, a closed head injury and cerebral concussion that cause dizziness and memory loss, left shoulder tendonitis, and post-traumatic headaches. She…
Date: August 13, 2014
Docket Number: 13-3331
Justia Opinion Summary: The employer implemented a force reduction in its Dayton, Ohio, office in 2008. Managers informed McCarthy that her position would be terminated the following month and provided McCarthy with two options. She could…
Date: August 13, 2014
Docket Number: 13-5907
Justia Opinion Summary: Fields entered a guilty plea to racketeering conspiracy, conspiracy to distribute cocaine, and conspiracy to commit money laundering. After a 28-day trial, Clinton and Lewis were convicted of multiple counts of…
Date: August 8, 2014
Docket Number: 13-5649
Justia Opinion Summary: A jury convicted Marquis Heard of numerous drug and money-laundering offenses after a three-day trial in which Heard represented himself. He argued on appeal to the Sixth Circuit was that the district court was obligated…
Date: August 8, 2014
Docket Number: 13-5943
Justia Opinion Summary: First Resolution Investment Corp. filed a notice of judgment lien against Roslyn Currier's home and maintained it for approximately one month although the judgment it was based on never became final and was vacated. Upon…
Date: August 8, 2014
Docket Numbers: 13-6056, 13-6057, 13-6156
Justia Opinion Summary: On the basis of a cooperating defendant's tip, a Drug Enforcement Administration (DEA) task force set up surveillance along an interstate in eastern Kentucky, hoping to intercept members of a methamphetamine-trafficking…
Date: August 7, 2014
Docket Number: 12-4428
Justia Opinion Summary: In 2003, at the age of 13 or 14, Hackett helped form the LSP street gang on the south side of Youngstown, Ohio. Eight years later, a federal grand jury indicted Hackett and 22 others for RICO conspiracy and many other…
Date: August 7, 2014
Docket Number: 13-1396
Justia Opinion Summary: As a Solvay employee Moyer participated in Solvay’s ERISA- governed Long Term Disability Plan. In 2005 MetLife initially approved Moyer’s claim for benefits. MetLife reversed its decision in 2007 after determining that…
Date: August 7, 2014
Docket Number: 13-3587
Date: August 7, 2014
Docket Number: 13-3712
Justia Opinion Summary: Sterling, a former coal miner, received a favorable decision from an administrative law judge (ALJ) declaring him eligible for benefits under the Black Lung Benefits Act, 30 U.S.C. 901. The Department of Labor’s…
Date: August 7, 2014
Docket Number: 13-4049
Date: August 7, 2014
Docket Number: 13-4130
Date: August 7, 2014
Docket Number: 13-6214
Date: August 5, 2014
Docket Number: 11-2200
Justia Opinion Summary: Following a string of armed robberies in the Lansing area, Ford, Perdue, Nathan, and Henry were each charged with one count of conspiracy to commit robbery affecting commerce, 18 U.S.C. 1951; multiple counts of robbery…
Date: August 5, 2014
Docket Number: 12-1305
Justia Opinion Summary: McMullan and Smith, friends of 30 years, were related by marriage. They were addicts. During a drug-related fight, McMullan snatched a revolver from his wife and pointed the gun one foot from Smith’s chest. The gun…
Date: August 4, 2014
Docket Number: 12-2264
Justia Opinion Summary: In 2011, Michigan passed the Health Insurance Claims Assessment Act, Mich. Comp. Laws 550.1731–1741, to generate revenue needed to fund its obligations under Medicaid. The Act functions by imposing a one-percent tax on…
Date: August 4, 2014
Docket Number: 13-1441
Justia Opinion Summary: Toviave immigrated to the U.S. in 2001, and, using false immigration documents, later brought four young relatives from Togo to live with him. He made the children cook, clean, and do laundry. He occasionally made the…
Date: August 1, 2014
Docket Number: 13-2045
Date: August 1, 2014
Docket Number: 13-2425
Justia Opinion Summary: Crugher, a Michigan Department of Corrections (MDOC) employee working at the Ionia Correctional Facility (ICF), sued Prelesnik, the warden of the ICF, claiming that Crugher was retaliated against, subjected to harassment…
Date: July 31, 2014
Docket Number: 13-3872
Justia Opinion Summary: In 2008, Musgrave, a CPA, became involved in a tire recycling venture with Goldberg. Musgrave obtained a loan, guaranteed by the Small Business Administration (SBA), through Mutual Federal Savings Bank. The venture…
Date: July 31, 2014
Docket Number: 13-3959
Justia Opinion Summary: Groves worked as a strip miner for more than 20 years and a smoker who accumulated more than 50 pack-years. His first claim for black lung benefits, in 1998, was denied. Groves filed his current application in 2006. The…
Date: July 30, 2014
Docket Number: 13-4340
Justia Opinion Summary: KeHE, a Naperville food distributor, assigns each of its “sales representatives” several stores of large chain retailers. The representatives are responsible for stocking shelves at their assigned stores and for…
Date: July 29, 2014
Docket Number: 13-3597
Justia Opinion Summary: Lee was injured while shooting a revolver made by Smith & Wesson. In his product liability suit alleging a defect in the firearm, the only expert evidence regarding how a defect in the firearm could have caused the…
Date: July 29, 2014
Docket Number: 13-6434
Justia Opinion Summary: The Hollis family, with five children, lived in a house in Franklin, Tennessee. The two youngest children have Down Syndrome and developmental disabilities. The parents wanted to attach a sunroom to their house to permit…
Date: July 28, 2014
Docket Number: 11-4361
Justia Opinion Summary: After his conviction in Ohio state court for two 1999 murders and the aggravated robbery and kidnapping of one victims, Scott was sentenced to death. Scott unsuccessfully appealed and pursued state court post-conviction…
Date: July 28, 2014
Docket Number: 13-5700
Justia Opinion Summary: Webb pleaded guilty to drug offenses in two different cases. Based on his status as a career offender and a belief that the career offender guideline range was excessive and improper, the district court sentenced him to…
Date: July 25, 2014
Docket Number: 13-2206
Date: July 25, 2014
Docket Number: 13-2284
Date: July 25, 2014
Docket Number: 13-4192
Justia Opinion Summary: More than 10 years after Jama was admitted to the U.S. as a refugee based on his sworn statement that he was the minor child of a principal refugee, USCIS learned that Jama was not a minor or the biological child of the…
Date: July 24, 2014
Docket Number: 13-4151
Justia Opinion Summary: Akron police witnessed Nagy rummaging for change in a car that was not his. An officer placed him in handcuffs. Nagy immediately told the officer that he had a gun in his pocket, which Nagy had taken from a car by…
Date: July 21, 2014
Docket Number: 12-6610
Justia Opinion Summary: The Randolph-Sheppard Act, 20 U.S.C. 107–107e, gives blind persons a priority in winning contracts to operate vending facilities on federal properties. Fort Campbell, Kentucky, operates a cafeteria for its soldiers. For…
Date: July 21, 2014
Docket Number: 13-1463
Justia Opinion Summary: Williams, who was convicted in Michigan state court for the fatal shooting of the owner of a video store during an attempted robbery, filed a direct appeal, arguing that the introduction of the testimony of an eyewitness…
Date: July 21, 2014
Docket Number: 13-3132
Justia Opinion Summary: Aaron Hayward was driving home from his parents’ store around 4:00 a.m. when a Cleveland Clinic Police Department SUV followed him into his driveway without using a siren or lights. An officer yelled, “Hey you, come over…
Date: July 21, 2014
Docket Number: 13-4404
Justia Opinion Summary: Circuit affirmed. When real estate taxes are not paid, a tax lien attaches to the property, annually, including interest, penalties, and fees accrued until paid, O.R.C. 323.11. Summit and other Ohio counties sell tax…
Date: July 16, 2014
Docket Number: 13-2026
Justia Opinion Summary: Haddad bought his condominium in 1991 and lived in the unit until 2005, when he began renting it out. In 2008, a law firm, representing the association, sent Haddad a notice of delinquency, stating that Haddad owed $803…
Date: July 16, 2014
Docket Number: 13-2430
Justia Opinion Summary: Warner, insured by State Farm, was involved in an automobile accident. Following the accident, Michigan Spine provided Warner with about $26,000 of neurological treatment. State Farm denied coverage, stating that…
Date: July 16, 2014
Docket Number: 13-4203
Justia Opinion Summary: Cordell was an inmate at the Greene County Jail in Xenia, Ohio until he pleaded guilty to involuntary manslaughter. As Deputy McKinney performed his initial rounds on the floor on which Cordell was housed, several…
Date: July 14, 2014
Docket Number: 12-2546
Justia Opinion Summary: Garrett entered into a Rule 11(c)(1)(C) plea agreement and pleaded guilty to conspiracy to distribute more than 50 grams of crack cocaine, in violation of 21 U.S.C. 846 and 841(b)(1)(A)(iii). The district court sentenced…
Date: July 14, 2014
Docket Number: 13-3276
Justia Opinion Summary: In 2006, Plaintiffs entered into a settlement agreement with the U.S. Environmental Protection Agency (EPA), agreeing to pay for a study of an Ohio landfill site and to reimburse the government’s response costs in…
Date: July 14, 2014
Docket Number: 13-8045
Justia Opinion Summary: Debtors filed a Chapter 7 petition and received a discharge in February 2008. On July 3, 2008, Debtors filed a Chapter 13 case to pay an auto loan and tax obligations, to cure the default on a first mortgage, and to…
Date: July 11, 2014
Docket Number: 13-3149
Justia Opinion Summary: Plaintiffs, salaried employees of Metal Container, participated in the Anheuser-Busch qualified defined-benefits pension plan under the Employee Retirement Income Security Act, 29 U.S.C. 1001-1461 (ERISA). The plan was…
Date: July 10, 2014
Docket Number: 12-3268
Justia Opinion Summary: Harmon was born in Liberia in 1984, shortly before the start of the Civil War. She was separated from her parents at four-years-old and recently learned that her parents were killed in that conflict. Harmon was…
Date: July 10, 2014
Docket Number: 12-3825
Justia Opinion Summary: In 1991 Charlene filed a paternity suit naming McCarley as the father of her younger son. McCarley stated that he would kill Charlene before paying support. In January 1992 a neighbor went to Charlene’s apartment and…
Date: July 10, 2014
Docket Number: 13-1344
Justia Opinion Summary: A Kalamazoo resident heard gunfire and called 911. Hearing additional gunshots, she peered through her window and saw someone “dart off.” She described a person wearing a baseball cap and an orange, thigh-length coat…
Date: July 10, 2014
Docket Number: 13-1578
Justia Opinion Summary: After observing suspicious activity and marijuana in plain sight, drug task force officers obtained and executed a search warrant at the Corlew residence, where they confiscated 93 pounds of processed marijuana plus…
Date: July 10, 2014
Docket Number: 13-4429
Justia Opinion Summary: Two Ohio counties brought a class action on behalf of a class of all Ohio counties against the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac), and the…
Date: July 10, 2014
Docket Number: 14-5159
Justia Opinion Summary: The district court entered summary judgment relieving Kentucky Farm Bureau Mutual Insurance of its duty to defend Elk Glenn against certain breach of contract and related claims arising from the sale of a residential…
Date: July 9, 2014
Docket Number: 13-2605
Justia Opinion Summary: In 2006, American Copper & Brass received an unsolicited advertisement on one of its facsimile (fax) machines for a product sold by Lake City. The fax had been send by B2B, a “fax-blasting” company employed by Lake City.…
Date: July 8, 2014
Docket Number: 13-3669
Justia Opinion Summary: In 2006, the Affiliated Group, including AmTrust, entered into a tax-sharing agreement (TSA) to allocate tax liability. In 2009, AFC, the parent of AmTrust, filed for Chapter 11 bankruptcy. The Office of Thrift…
Date: July 2, 2014
Docket Number: 13-1172
Date: July 2, 2014
Docket Number: 13-2103
Justia Opinion Summary: Hescott, a U.S. Army pilot, has been routinely deployed to the Middle East. He and his son own a rental property in Saginaw, Michigan. When the property became vacant and they were unable to sell it in 2008, they planned…
Date: July 2, 2014
Docket Number: 13-2317
Justia Opinion Summary: America’s largest law school, Thomas M. Cooley, has four Michigan campuses and one in Florida and about 3,500 students. . Anziska was “of counsel” at a New York law firm. On June 8, 2011, under the title “Investigating…
Date: July 2, 2014
Docket Number: 14-1719
Justia Opinion Summary: In 2005 Detroit created not-for-profit corporations and issued debt instruments through those corporations, which passed the proceeds from sales of certificates on to the city, to fund pensions. The city covered the…
Date: July 1, 2014
Docket Number: 13-2077
Justia Opinion Summary: Central States, an employee benefit plan governed by the Employee Retirement Income Security Act, provides health insurance for Teamsters and their families. Guarantee Trust provides sports injury insurance for student…
Date: June 27, 2014
Docket Number: 12-5368
Justia Opinion Summary: In 1957, the FDA approved propoxyphene for the treatment of mild to moderate pain, under the trade name Darvon. In 1972, the manufacturer obtained FDA approval to market another product combining propoxyphene with…
Date: June 26, 2014
Docket Number: 13-1600
Date: June 26, 2014
Docket Number: 13-4157
Justia Opinion Summary: Daily Services, owned by Mason, provided short-term temporary employment services. Mason also owned I-Force, which provided longer-term temporary employment services. After losing coverage under the Ohio Bureau of…
Date: June 25, 2014
Docket Number: 13-3025
Justia Opinion Summary: In 2001, ASC and Paragon entered into a contract to develop and support computer software for the Chicago Tribune. This software, called the “Single Copy Distribution System” (SCDS) would allow the Tribune to manage and…
Date: June 25, 2014
Docket Number: 13-3826
Justia Opinion Summary: Irwin and Fannin owned Portsmouth Ambulance, and Urgent Care Transports. In 2000, 2002, and 2005, they failed to pay federal employment and corporate income taxes for Urgent Care; the IRS recorded tax liens. Irwin and…
Date: June 24, 2014
Docket Number: 11-3005
Justia Opinion Summary: In 2002, after buying crack cocaine from Liles, Cunningham and his brother, went to rob Liles at his Lima home. After visiting with the occupants, Cunningham produced a gun. Several adults and children were gathered in…
Date: June 24, 2014
Docket Number: 13-2350
Justia Opinion Summary: Mazzio, a federal prisoner serving two concurrent 240-month prison sentences for drug distribution, sought to file a second or successive petition under 28 U.S.C. 2255, relying on the Supreme Court’s 2013 decision,…
Date: June 24, 2014
Docket Number: 13-3820
Justia Opinion Summary: Under investigation for drug trafficking, Kennedy learned from his attorney that he might be able to reduce his sentencing exposure by pleading guilty to an information. He consulted a second attorney, who promised to…
Date: June 20, 2014
Docket Number: 12-1556
Justia Opinion Summary: Various Community Groups and the Detroit International Bridge Company sued the Federal Highway Administration (FHWA), challenging the Record of Decision (ROD) issued in 2009, selecting the Delray neighborhood of Detroit…
Date: June 19, 2014
Docket Number: 13-4210
Date: June 18, 2014
Docket Number: 11-3969
Justia Opinion Summary: Sheya and Mtandazo Mandebvu are school teachers who spoke out criticizing Robert Mugabe’s violent and corrupt Zimbabwe African National Union-Patriotic Front (ZANU-PF) party and government. Sheva came to the U.S. in…
Date: June 17, 2014
Docket Number: 13-2376
Date: June 16, 2014
Docket Number: 13-5946
Justia Opinion Summary: The Dirty World website enables users to anonymously upload comments, photographs, and video, which Richie selects and publishes along with his own editorial comments. Jones is a Kentucky high school teacher and a member…
Date: June 13, 2014
Docket Number: 13-1701
Justia Opinion Summary: ABC makes and distributes soft drinks and other non-alcoholic beverages for Dr Pepper Snapple Group and leased a Hazelwood, Missouri facility. After concluding that its rent was too high, it exercised an option to buy…
Date: June 12, 2014
Docket Number: 13-1242
Justia Opinion Summary: Payton would find an accomplice, usually a woman, addicted to drugs or engaged in prostitution, and would convince this accomplice to rob a bank in exchange for part of the proceeds. He would provide a costume, a…
Date: June 12, 2014
Docket Number: 13-6034
Justia Opinion Summary: In 2005, Starr’s husband, Bernard, invested millions in Atlanta-area residential developments. Following the 2008 financial crisis, the investments were $10 million in debt. Bernard sought to refinance and approached…
Date: June 11, 2014
Docket Number: 13-1959
Date: June 11, 2014
Docket Number: 13-1960
Date: June 11, 2014
Docket Number: 13-2723
Justia Opinion Summary: Plaintiffs are non-profit entities affiliated with the Catholic Church who have religious objections to certain preventive care standards under the Patient Protection and Affordable Care Act, 42 U.S.C. 300gg-13,…
Date: June 11, 2014
Docket Number: 13-6640
Date: June 10, 2014
Docket Number: 13-3884
Justia Opinion Summary: A purported class action alleged that Beachwood Hair Clinic violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227, by disseminating more than 37,000 unsolicited fax advertisements in 2005 and 2006. Facing…
Date: June 6, 2014
Docket Number: 13-3933
Justia Opinion Summary: Rafters Bar and Grill, a golf-course restaurant in Canton, Ohio, offers music and dancing, sometimes turning on a recording, sometimes bringing in live performers, but it hosts performances of the music without getting…
Date: June 6, 2014
Docket Number: 13-4233
Justia Opinion Summary: In 2007, the Easthams entered into a five-year lease with Chesapeake, granting the right to extract oil and gas from the Easthams’ 49 acres in Jefferson County, Ohio. The Easthams were granted a royalty of one-eighth of…
Date: June 4, 2014
Docket Number: 12-6160
Justia Opinion Summary: In 2002, Freeze was hired by the Decherd Police Department. He became Chief of Police in 2007. Colvin, Freeze’s brother-in-law, was hired as a patrolman in 2007. The Board of Aldermen is responsible for hiring and…
Date: June 3, 2014
Docket Number: 13-3451
Justia Opinion Summary: The Gallia County (Ohio) Public Defender Commission contracted with the non-profit Corporation for defense attorneys to represent indigent criminal defendants. The Corporation hired Bright, who represented R.G. before…
Date: June 3, 2014
Docket Number: 13-8048
Justia Opinion Summary: Thomas and Jennifer married and purchased a family home with a first mortgage, then obtained a second mortgage. In a 2003 divorce consent decree, Thomas agreed to relinquish any interest in the home. Jennifer agreed to…
Date: June 2, 2014
Docket Number: 12-2108
Justia Opinion Summary: Williams was convicted on two counts of possessing cocaine with the intent to distribute and one count of maintaining a drug-involved premises and was sentenced as a career offender to a total of 360 months in prison.…
Date: June 2, 2014
Docket Number: 13-1011
Justia Opinion Summary: Hoven, a licensed pharmacist and a former at-will employee of Walgreen, is also the holder of a Michigan license to carry a concealed weapon. He experienced an armed robbery at work in 2007. Walgreen did not comply with…
Date: May 29, 2014
Docket Number: 13-3514
Justia Opinion Summary: The flea-and-tick “spot-on products” at issue claim that their active ingredient works by topical application to a pet’s skin rather than through the pet’s bloodstream. According to the manufacturers, after the product…
Date: May 28, 2014
Docket Number: 09-5858
Justia Opinion Summary: At Harris's state court trial, the court accepted the prosecution’s rationale that Juror 49 was struck “because she had difficulty following questions ... was joking with a neighboring juror who was subsequently struck…
Date: May 28, 2014
Docket Number: 12-3882
Justia Opinion Summary: An investigation of the Mansfield, Ohio, drug trade involved the Richland County Sheriff’s Office (RCSO) using a confidential informant it had used once before (Bray) to make controlled buys. In 2005, the U.S. DEA joined…
Date: May 28, 2014
Docket Number: 13-3456
Justia Opinion Summary: Davis pleaded guilty to distributing child pornography, 18 U.S.C. 2252(a)(2) and two counts of possessing child pornography, 18 U.S.C. 2252A(a)(5)(B). The presentence report (PSR) found that defendant had “two or more…
Date: May 27, 2014
Docket Number: 13-5344
Justia Opinion Summary: In 1999, Phillips was convicted of a third-degree felony for burglary of a structure. The Florida statute defined burglary in the third degree as burglary in which the offender does not commit assault or battery, does…
Date: May 23, 2014
Docket Number: 13-1254
Justia Opinion Summary: Lubrizol, a chemical manufacturer, produces petroleum wax-based oxidates, used in anti-corrosion products. In 2007, Lubrizol acquired Lockhart’s oxidate business and assets, leaving Lockhart’s Flint, Michigan oxidate…
Date: May 23, 2014
Docket Number: 13-3958
Justia Opinion Summary: Officers of the Internet Crimes Against Children task force, browsing Craigslist, saw Babcock’s ads in offering money for sex with someone of any age. An officer responded by e-mail, as 14-year-old “Amber.” Babcock…
Date: May 21, 2014
Docket Number: 13-1165
Justia Opinion Summary: The Energy Policy Act of 2005 directs the Department of Energy (DOE) to fund alternative energy projects called “biorefinery demonstration projects,” 42 U.S.C. 16232(d), to develop ways to convert trees, crops and…
Date: May 21, 2014
Docket Number: 13-3874
Justia Opinion Summary: A video recording taken from Ohio Trooper Kline’s cruiser shows Kinlan's Nissan move into a narrow space between cars in the left lane of the four-lane street. Kline followed for about 30 seconds until its driver…
Date: May 20, 2014
Docket Number: 13-5765
Justia Opinion Summary: J.H. has known Reid, an acquaintance of her family, since early childhood. In 2011, Reid (age 48) began to send J.H. (age 13) text messages and phone calls that led her to think of him as her boyfriend. He eventually had…
Date: May 19, 2014
Docket Number: 11-1391
Justia Opinion Summary: Brown claimed that he injured his shoulder while paving a road for his employer Ajax Paving, and sought workers’ compensation. Ajax introduced medical testimony suggesting that the injury occurred outside of work. While…
Date: May 16, 2014
Docket Number: 12-6314
Justia Opinion Summary: Trusts established by James Cartwright before his death have resulted in litigation in several jurisdictions involving his adopted children and others. The cases involve spendthrift trusts, Crummey Trusts, limited…
Date: May 15, 2014
Docket Number: 13-8047
Justia Opinion Summary: The bankruptcy court voided the transfer of $74,102.60 to 1st National Cash Refund pursuant to 11 U.S.C. 549 and ordered recovery of transferred property from 1st National Cash Refund and Woodford pursuant to 11 U.S.C.…
Date: May 15, 2014
Docket Number: 13-8052
Justia Opinion Summary: The bankruptcy court held that real property transferred in error to the debtor by his father pre-petition was impressed with a constructive trust as a matter of law, and that the bankruptcy estate had no interest in the…
Date: May 14, 2014
Docket Number: 13-1773
Justia Opinion Summary: Hi-Lex has about 1,300 employees. Blue Cross Blue Shield of Michigan (BCBSM) served as a third-party administrator (TPA) for Hi-Lex’s Health and Welfare Benefit Plan since 1991. Under the Administrative Services…
Date: May 14, 2014
Docket Number: 13-1859
Date: May 13, 2014
Docket Number: 13-5764
Justia Opinion Summary: Ice House manufactures ice-vending machines. Cardin’s machines generated about $264,000 in income in 2012. In 2004, Cardin also agreed to be the exclusive distributor of Ice House’s machines in Tennessee. Four years…
Date: May 13, 2014
Docket Number: 13-5956
Justia Opinion Summary: American Satellite, a third party retailer of Dish Network satellite television services, received a call from a potential customer. A woman, who identified herself as “Dickley,” provided what she claimed to be her…
Date: May 12, 2014
Docket Number: 13-1243
Justia Opinion Summary: On January 13, 2009, Jackson was in a car accident with an agent of the Immigration and Customs Enforcement Agency (ICE) within the U.S. Department of Homeland Security (DHS). Jackson suffered damage to her head and…
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