2015 Sixth Circuit US Court of Appeals Case Law
Opinions 501 - 1000 of 1284
Date: July 29, 2015
Docket Number: 14-2308
Justia Opinion Summary: Sergeant Boulton, working in the county jail, was a union leader. The union initiated mandatory contract arbitration with the Sheriff’s Office, at which Undersheriff Swanson testified regarding Taser, firearm, and CPR…
Date: July 28, 2015
Docket Number: 13-1717
Justia Opinion Summary: When the plant closed, plaintiffs retired under a collective bargaining agreement (CBA) that provided that the employer would continue health insurance and that coverage an employee had at the time of retirement or…
Date: July 28, 2015
Docket Number: 14-4129
Justia Opinion Summary: Agent Seig posed as a father of an 11-year old girl, “Katie,” to respond to a Craigslist.org ad: “I want to be your daddy,” with images of male genitalia. Seig told Roman that he was “active” with his daughter. Roman…
Date: July 28, 2015
Docket Number: 14-5615
Justia Opinion Summary: Detective Allman learned that someone was using a particular Internet Protocol (IP) address to share child pornography. He subpoenaed AT&T for information. AT&T’s records listed James Lowe of Athens, Tennessee, as the…
Date: July 24, 2015
Docket Numbers: 13-2300, 13-2389, 13-2510, 13-2582
Justia Opinion Summary: Witnesses originally charged as co-conspirators testified that Garcia sold cocaine in Chicago and received deliveries from Santana, who worked for Soto. Ramirez delivered cocaine to Garcia on Soto’s behalf. Garcia and…
Date: July 24, 2015
Docket Number: 13-5477
Justia Opinion Summary: Randolph was convicted of conspiracy to violate the drug laws, conspiracy to commit money laundering and related offenses based on his involvement in a family-run drug trafficking operation in Pulaski, Tennessee.…
Date: July 24, 2015
Docket Numbers: 14-2002, 14-2001
Justia Opinion Summary: Defendant was stopped while driving because his license plate had been reported stolen. Defendant fled on foot, but eventually surrendered. A search of his vehicle uncovered eight falsified driver’s licenses and many…
Date: July 24, 2015
Docket Number: 14-3973
Justia Opinion Summary: At a bar, Gradisher had three or four beers and a shot of whiskey. Gradisher noticed the outline of a gun in the pocket of a man sitting to his left. Gradisher made a comment, causing a heated exchange. Gradisher went…
Date: July 24, 2015
Docket Number: 14-3987
Justia Opinion Summary: Department of Agriculture regulations promulgated under the federal Animal Welfare Act (with exceptions), prohibit those who buy and sell dogs and cats from obtaining animals from an individual donor “who did not breed…
Date: July 24, 2015
Docket Numbers: 14-5179, 14-5178
Justia Opinion Summary: Morristown Police stopped a rental vehicle driven by Bah for speeding in a construction zone. During the traffic stop, officers placed Bah under arrest for driving on a suspended license and detained passenger Harvey for…
Date: July 23, 2015
Docket Numbers: 14-5993, 14-5781
Justia Opinion Summary: Bank of America loaned Leipzig $960,000, secured by a deed of trust on a Brentwood, Tennessee residence. Leipzig assigned his rights in the residence to a trust, which leased it to Johannessen in 2010. The lease had a…
Date: July 22, 2015
Docket Number: 14-2135
Justia Opinion Summary: Bulgarelli’s 36-foot boat ran aground on Lake St. Clair. Bulgarelli contacted a tow service, which dispatched a salvage vessel commanded by Captain Leslie. Leslie claims that he quoted the price of $250 per foot of…
Date: July 22, 2015
Docket Number: 14-8051
Justia Opinion Summary: Debtor filed a voluntary chapter 7 bankruptcy petition and listed Dennison, Ohio as the mailing address on the petition, but listed Debtor’s residence as 2035 First Street, Dock 9, Sandusky, Ohio. This location is the…
Date: July 17, 2015
Docket Number: 14-1606
Justia Opinion Summary: Chambers purchased a condominium in Novi, Michigan for $608,294.00, with a mortgage loan of $583,294.00, and a second mortgage of $166,635.00. The mortgages were assigned to HSBC. Chambers defaulted on the first…
Date: July 16, 2015
Docket Numbers: 14-6168, 14-6167
Justia Opinion Summary: Kentucky’s statutes require that assignment of a mortgage must be recorded within 30 days. Plaintiffs, landowners with mortgages, argued that, for purposes of that requirement, a transfer of a promissory note is an…
Date: July 15, 2015
Docket Number: 13-6573
Justia Opinion Summary: In 1985, a Tennessee state jury convicted Wright of two counts of pre-meditated murder in the first degree. Wright was sentenced to life imprisonment for one and sentenced to death for the other. The Tennessee Supreme…
Date: July 15, 2015
Docket Number: 14-1379
Justia Opinion Summary: The Cleveland Indians hired National to produce Kids Day events at baseball games, with attractions, including an inflatable bouncy castle and inflatable slide. The contract required National to secure a…
Date: July 15, 2015
Docket Number: 14-3384
Date: July 15, 2015
Docket Number: 14-3929
Justia Opinion Summary: After being released from a Pennsylvania state correctional institution where he had been imprisoned for aggravated assault with a firearm specification and for a separate weapons offense, Lee was a parolee living in…
Date: July 14, 2015
Docket Number: 14-3745
Justia Opinion Summary: Yazdian is a first-generation Iranian American and nonpracticing Muslim, who worked as a territory manager for ConMed for five years. During his tenure at ConMed, Yazdian received awards, promotions, and praise, but had…
Date: July 13, 2015
Docket Numbers: 13-2656, 13-2655
Justia Opinion Summary: Richardson planned and served as lookout for armed robberies during business hours, but never entered the stores during the robberies. In separate cases, Richardson was charged with five counts of interference with…
Date: July 13, 2015
Docket Number: 14-1846
Justia Opinion Summary: The Yangs listed their building for sale. In February 2011 the restaurant leasing the property closed. The Yangs never sold the building or found another tenant. They continued to pay property taxes. The building was…
Date: July 13, 2015
Docket Numbers: 14-1939, 14-1608, 14-1357
Justia Opinion Summary: Defendants used a mark, “BMF Wheels” on products and advertising; it is similar to the logo and registered trademark “BMF” that Plaintiff places on cylinder heads. Plaintiff claimed violations of the Lanham Act, 15…
Date: July 10, 2015
Docket Number: 14-5860
Justia Opinion Summary: Two men died in a 2005 shooting in Oaxaca, Mexico. Petitioner, a legal permanent resident of the U.S., where he had lived for more than 15 years was the shooter. Petitioner frequently traveled to Mexico, where his wife…
Date: July 9, 2015
Docket Number: 12-2528
Justia Opinion Summary: On the first day of Hill’s criminal trial, as potential jurors were on their way to the courtroom, Hill stated that he wanted to represent himself. The judge denied the request. A jury convicted Hill of armed robbery and…
Date: July 9, 2015
Docket Number: 14-5295
Justia Opinion Summary: Houston participated in a shoot-out that caused two deaths. Facing first-degree and felony murder charges, Houston obtained the services of attorney Logan. To secure payment, Houston’s father executed a deed of trust on…
Date: July 9, 2015
Docket Number: 14-8045
Justia Opinion Summary: Utica’s subsidiary, Republic, hired Sheppard’s law firm to pursue a subrogation action. Settlement proceeds totaling $145,000.00 were entrusted to the law firm; Sheppard was the managing partner. Republic was entitled to…
Date: July 8, 2015
Docket Number: 12-6498
Justia Opinion Summary: In 2000, Atkins, age 16, found his mother crying. Atkins claim his step-father regularly abused him and his mother. Atkins went into the step-father’s bedroom, carrying a baseball bat. The step-father reached for what…
Date: July 7, 2015
Docket Numbers: 12-4269, 03-3626
Justia Opinion Summary: In 1989 Williams was convicted of aggravated murder and sentenced to death. After filing direct appeals and seeking post-conviction relief in state and federal courts, Williams filed a post-conviction petition in state…
Date: July 7, 2015
Docket Number: 13-6194
Justia Opinion Summary: Wal-Mart is the country’s largest private employer, operating approximately 3,400 stores and employing more than one million people. In 2001, named plaintiffs filed a putative class action (Dukes) under Title VII of the…
Date: July 7, 2015
Docket Number: 14-1704
Justia Opinion Summary: Avio claimed that Alfoccino violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227(b)(1)(C), (b)(3), by hiring B2B to send unsolicited facsimile advertisements to Avio and a class of similarly situated…
Date: July 2, 2015
Docket Number: 14-2149
Justia Opinion Summary: The debtors owned a house in Michigan; in 2007, it was foreclosed and sold at a sheriff’s sale. In 2008, they filed for chapter 13 bankruptcy, but did not disclose any interest in the house or any related cause of…
Date: July 2, 2015
Docket Number: 14-5435
Justia Opinion Summary: Tennessee previously recognized only statewide political parties as automatically entitled to have their candidates identified on the ballot by their party affiliation. In 2011, the state created a new designation,…
Date: July 1, 2015
Docket Number: 14-1712
Justia Opinion Summary: Deputy Gillispie, on patrol in Wellston, Michigan, saw Carpenter’s truck. Gillispie knew Carpenter from prior encounters involving Carpenter driving with a suspended license. Gillispie knew Carpenter’s history of drunk…
Date: July 1, 2015
Docket Numbers: 14-2558, 14-2405
Justia Opinion Summary: The federally recognized Indian Tribe is a successor to an 1864 Treaty between the United States and the Chippewa Indians, including an agreement by the United States to set aside property in Isabella County, Michigan as…
Date: June 29, 2015
Docket Number: 13-6115
Justia Opinion Summary: Woolbright was convicted of wanton murder, receiving stolen property with intent to manufacture methamphetamine, and first degree possession of and trafficking a controlled substance. The Kentucky Supreme Court affirmed.…
Date: June 26, 2015
Docket Number: 13-4356
Date: June 25, 2015
Docket Number: 13-6358
Justia Opinion Summary: In 1986, 23-year-old West and 17-year-old Martin drove to the home of 15-year-old Sheila, who had rebuffed Martin’s advances. They murdered Sheila and her mother. Sheila was raped and suffered 17 stab wounds, including…
Date: June 24, 2015
Docket Number: 14-2152
Justia Opinion Summary: Leonor, a Michigan dentist, suffered an injury that prevented him from performing dental procedures. At the time of his injury, he spent about two-thirds of his time performing dental procedures and approximately one…
Date: June 22, 2015
Docket Number: 14-2026
Justia Opinion Summary: Howes, the owner of a pickling cucumber farm, was found to be in violation of provisions in the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The Sixth Circuit…
Date: June 18, 2015
Docket Number: 14-1359
Justia Opinion Summary: Lee was transferred to the custody of the Michigan Department of Corrections (MDOC) following his conviction for criminal sexual conduct involving adult male victims. Lee claims that while at MDOC’s Reception Center for…
Date: June 17, 2015
Docket Numbers: 14-3444, 14-3443
Justia Opinion Summary: The Richland County Sheriff’s Office launched Operation Turnaround after a 2004 drug-related death and recruited Bray as a confidential informant to make undercover buys from suspected drug traffickers. DEA Agents…
Date: June 16, 2015
Docket Number: 14-1511
Justia Opinion Summary: The Michigan Gaming Control Board (MGCB) received an anonymous tip that certain harness-racing drivers were fixing races in concert with known gamblers. At a hearing, the drivers asserted their Fifth Amendment right…
Date: June 15, 2015
Docket Number: 14-2155
Date: June 15, 2015
Docket Number: 14-3672
Justia Opinion Summary: From 1977-2009, Kennard worked as a blaster on strip mines, sometimes directly for a coal company and sometimes for contractors. In 2009, Kennard filed for black lung benefits, 30 U.S.C. 901. Kennard has a significant…
Date: June 12, 2015
Docket Number: 14-3899
Justia Opinion Summary: Thompson, a native of Jamaica, was arrested by Cleveland police in 1999 because he was present at a house during a controlled drug delivery. He was placed under an immigration detainer. He received personal service,…
Date: June 12, 2015
Docket Number: 14-6190
Justia Opinion Summary: In 2005, Henderson, Kentucky required, “every person or business entity engaged in any business, trade, occupation, or profession” within city limits to pay 1% of its previous year’s net profits for the privilege of…
Date: June 11, 2015
Docket Number: 13-4348
Justia Opinion Summary: When Colonel Antoon (U.S. Air Force, retired) learned that he needed prostate surgery, he researched options and specialists, which led him to the Cleveland Clinic and Dr. Kaouk. Antoon interviewed Kaouk and arranged for…
Date: June 11, 2015
Docket Number: 13-5957
Justia Opinion Summary: The Jefferson County, Tennessee, school board, facing a budget shortfall, abolished its alternative school and contracted for its students to be educated in a program at a private, Christian school (Kingswood). The…
Date: June 10, 2015
Docket Number: 13-2404
Justia Opinion Summary: Jerry and Linda’s niece, Whitney, often stayed overnight with them and accompanied them on camping trips. When Whitney was 12 years old, the couple divorced. Linda told Whitney’s parents that Linda’s daughter-in-law had…
Date: June 9, 2015
Docket Number: 14-1987
Justia Opinion Summary: Abbring pleaded guilty to receiving child pornography, 18 U.S.C. 2252A(a)(2)(A). The district court enhanced his advisory sentencing range because he distributed the pornography using peer-to-peer file-sharing software,…
Date: June 9, 2015
Docket Number: 14-2239
Justia Opinion Summary: The Band, a federally recognized Indian tribe, has more than 4,000 enrolled members, most living within or near its aboriginal lands in Michigan. Under the Little Bands Act and the Indian Reorganization Act, 25 U.S.C.…
Date: June 9, 2015
Docket Number: 14-3652
Justia Opinion Summary: Gaye is an ethnic Wolof, born in Mauritania. He and his parents were members of the UFD political party, which advocated for the rights of blacks and participated in anti-government demonstrations. Gaye claims that in…
Date: June 8, 2015
Docket Number: 14-2186
Justia Opinion Summary: McGowan is a Michigan prisoner, serving a sentence of 195-480 months for drug trafficking and firearms offenses, and a 24-month sentence for a felony firearm offense. The district court ordered habeas relief, finding…
Date: June 5, 2015
Docket Number: 14-2071
Justia Opinion Summary: Reed, a marketing guru who sold an “antioxidant rich whole food puree,” “ViaViente,”offered training on how to replicate his success as a “self-made millionaire.” When Reed’s relationship with ViaViente ended, he tried…
Date: June 4, 2015
Docket Number: 14-6321
Justia Opinion Summary: Plaintiffs filed a pro se complaint on behalf of two estates, claiming that financial institutions fraudulently transferred real estate in Shelby County, Tennessee, and failed to follow proper procedures for selling…
Date: June 3, 2015
Docket Number: 14-4201
Justia Opinion Summary: Pharmacy benefit manager Medco is an intermediary between health plan sponsors (often employers) and prescription drug companies, enabling plans to offer less expensive prescription drug benefits to their members. Medco…
Date: June 2, 2015
Docket Number: 14-5870
Justia Opinion Summary: Johnson, a former Metropolitan Nashville Police officer, Department, was twice arrested based on domestic violence complaints by his now-estranged wife, Terri. The second arrest was made, pursuant to warrant, by fellow…
Date: June 2, 2015
Docket Number: 14-6207
Justia Opinion Summary: KIF is a Tennessee coal-fired plant generating electricity. In 2008, a KIF coal-ash containment dike failed, spilling 5.4 million cubic yards of coal-ash sludge over 300 acres of adjacent land. The Tennessee Valley…
Date: June 2, 2015
Docket Number: 14-6400
Date: June 1, 2015
Docket Number: 13-1777
Justia Opinion Summary: After King, a Michigan Department of Corrections (MDOC) inmate, participated in a class-action lawsuit challenging personal property policies at MDOC facilities (Cain litigation), prison officials transferred him to a…
Date: June 1, 2015
Docket Number: 14-2335
Justia Opinion Summary: Defendants own and operate Auto Pro repair shops in Warren and Troy, Michigan. Plaintiff was employed as a mechanic at the Warren shop in 2011-2013. Syed manages that shop. The parties disagree about the beginning date…
Date: June 1, 2015
Docket Number: 14-3869
Justia Opinion Summary: Ramsey applied for $2 million in life insurance from Penn. His application indicated that he was a Cleveland firefighter and had last seen his physician for a checkup in 2006. During a medical examination by a nurse,…
Date: May 29, 2015
Docket Number: 14-3882
Justia Opinion Summary: Approximately 10 years after Marc Silverman, D.D.S. performed a root canal on one of Newberry’s teeth, Newberry returned to Silverman because the tooth was hurting. Silverman examined the tooth, offered a tentative…
Date: May 28, 2015
Docket Number: 13-6641
Justia Opinion Summary: Plaintiff sued USBI, alleging retaliation in violation of the Sarbanes–Oxley Act, 18 U.S.C. 1514A. Plaintiff was disciplined and fired in retaliation for an email he sent alerting his superiors to unsuitable trades made…
Date: May 28, 2015
Docket Number: 14-3807
Date: May 27, 2015
Docket Number: 14-3386
Justia Opinion Summary: Iraq native al-Maliki became a United States citizen, but visited his children, ages 12 and three, in Syria. He was charged under 18 U.S.C. 2423(c) and (e), which at the time, punished any U.S. citizen who traveled in…
Date: May 22, 2015
Docket Number: 13-6622
Justia Opinion Summary: GE manufactures Omniscan, an FDA-approved gadolinium-based contrast agent that has been associated in some patients with development of nephrogenic systemic fibrosis (NSF), a rare and deadly condition that leads to the…
Date: May 21, 2015
Docket Number: 13-4362
Justia Opinion Summary: In 1948, the United States and Ohio entered into a cost-sharing agreement to construct and maintain the Tom Jenkins Dam and Burr Oak Reservoir to control flooding in southeast Ohio’s Hocking River Basin. The U.S. Army…
Date: May 21, 2015
Docket Number: 14-1346
Justia Opinion Summary: Zada sold fake investments in Saudi Arabian oil, raising about $60 million from investors in Michigan and Florida. Zada gave investors promissory notes that, on their face, say nothing about oil-investment. They say that…
Date: May 21, 2015
Docket Number: 14-3402
Justia Opinion Summary: Federal agents executed a search warrant on Pirosko’s hotel room and seized a laptop computer and a USB drive. Analysis revealed numerous images and video files depicting child pornography on both. Charged with…
Date: May 20, 2015
Docket Number: 14-3492
Justia Opinion Summary: Napier was convicted of 12 counts of production, transportation, distribution, and receipt of child pornography, stemming from his sexual molestation of an 11-month-old baby and a 9- year-old girl, which he filmed and…
Date: May 20, 2015
Docket Number: 14-3540
Justia Opinion Summary: Lichtenberger lived with Holmes, his girlfriend, at her mother’s home. Friends told Holmes that Lichtenberger had been convicted of child pornography offenses. Holmes requested that the police escort Lichtenberger off…
Date: May 18, 2015
Docket Number: 13-2686
Date: May 18, 2015
Docket Number: 14-1022
Date: May 15, 2015
Docket Number: 12-4003
Justia Opinion Summary: Barton’s wife, Vicki, was killed in a 1995 burglary. Detectives determined that Barton was elsewhere at the time of her death. In 1998 Henson was arrested in an unrelated burglary, and stated that his half-brother,…
Date: May 15, 2015
Docket Number: 14-5122
Justia Opinion Summary: Givens pled guilty to bank fraud and received a sentence of 18 months of imprisonment and four years of supervised release. On July 14, 2011, Givens was released and his supervised release began. In November 2013,…
Date: May 13, 2015
Docket Number: 14-1288
Justia Opinion Summary: U.S. Congresswoman Miller received a letter threatening to kill her family if she did not send money. The letter was in distinctive handwriting, bearing a Pontiac, Michigan return address. FBI Agent Herrera interviewed a…
Date: May 13, 2015
Docket Number: 14-4050
Justia Opinion Summary: Shawn and Denise were walking with their daughter, grandson, and dog. Shawn carried a cell phone, holstered on his hip, next to a semiautomatic handgun. A motorcyclist, Rose, stopped to complain about Shawn’s visible…
Date: May 13, 2015
Docket Numbers: 14-5084, 14-5100
Justia Opinion Summary: The Medocks’ company, MAS, transported patients to kidney dialysis for Medicare reimbursement. Reimbursement of non-emergency ambulance transport is allowed only if medically necessary for bedridden patients; both a…
Date: May 12, 2015
Docket Number: 12-1105
Justia Opinion Summary: Plaintiffs receive subsidies for providing home childcare services for low-income families. A union was established and authorized to bargain on their behalf, based on submission of 22,180 valid provider-signed…
Date: May 8, 2015
Docket Number: 12-4229
Justia Opinion Summary: Wade was tried for rape, kidnapping, aggravated robbery, and firearm specifications, stemming from his attack on a woman in her apartment. The conviction was overturned. Wade was retried for rape and kidnapping. Over…
Date: May 8, 2015
Docket Number: 14-3836
Justia Opinion Summary: The Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692, targets “independent debt collectors,” but excludes in-house collectors, including “any officer or employee of . . . any State to the extent that collecting…
Date: May 8, 2015
Docket Numbers: 14-5220, 14-5221, 14-5222
Justia Opinion Summary: The Y-12 National Security Complex in Oak Ridge, Tennessee manufactures and tests components for nuclear weapons and stores highly enriched uranium, much of which is eventually “down-blended” for civilian use, at a…
Date: May 7, 2015
Docket Number: 13-4199
Justia Opinion Summary: Wheat, an African-American male, began working at the bank in 2001. By 2010, he was a payment processor in the wholesale-lockbox department and functioned as an “auditor” who “double-check[ed] [other] payment…
Date: May 6, 2015
Docket Number: 13-5020
Justia Opinion Summary: Hargis’s Henderson home was insured by State under a standard homeowner’s policy when it burned to the ground in 2007. No one was home during the fire, but investigations determined that the fire was intentionally set.…
Date: May 6, 2015
Docket Number: 13-6283
Justia Opinion Summary: In 2011, Widmer pled guilty to receipt of child pornography (18 U.S.C. 2252A(a)(2) and (b)(1)) for downloading seven still images and 134 videos depicting “identifiable child victims, prepubescent children in sexual…
Date: May 6, 2015
Docket Number: 14-5046
Justia Opinion Summary: Ushery sold crack cocaine to a confidential informant. When police attempted to arrest Ushery, he escaped in his car, ran red lights, crashed his car, then fled on foot. The pursuing officer retired due to an injury…
Date: May 4, 2015
Docket Number: 14-4068
Justia Opinion Summary: Ohio law required criminal defendants to submit a DNA sample after a felony conviction, Ohio Rev. Code 2901.07(B); new law, applicable July 1, 2011, requires county sheriffs to collect DNA after a felony arrest. Crabbs…
Date: April 28, 2015
Docket Number: 14-6262
Justia Opinion Summary: Russell brought suit under 42 U.S.C. 1983 against the Kentucky Secretary of State, Attorney General, and other state and local officials, alleging that Kentucky Revised Statute 117.235(3), which creates a 300-foot…
Date: April 23, 2015
Docket Numbers: 13-5931, 13-5821
Justia Opinion Summary: In 2005, Lee, a Sevierville contractor, owed a substantial debt to Whaley, for loans that financed houses being built by Lee. Whaley proposed to recruit straw buyers for sham purchases of the properties. Eight straw…
Date: April 22, 2015
Docket Number: 13-4466
Justia Opinion Summary: Gordon Auto Body Parts, a Taiwanese company, was one of several early entrants into the U.S. market for replacement truck hoods. PBSI eventually entered the market for certain replacement hoods but found that it could…
Date: April 22, 2015
Docket Number: 13-6250
Justia Opinion Summary: The Equal Employment Opportunity Commission filed a Title VII sexual harassment and retaliation action against New Breed Logistics, alleging that Calhoun, a New Breed supervisor, sexually harassed three women and…
Date: April 22, 2015
Docket Number: 14-3365
Justia Opinion Summary: Ragozzine was a tenure-track professor at Youngstown State University. He did not produce much scholarship. Ragozzine attributed the delay to his lab’s not being fully operational until his second academic year. In his…
Date: April 20, 2015
Docket Number: 12-1786
Justia Opinion Summary: Nine multi-employer pension and welfare fringe benefit trust funds sued G&W Construction and its president, under the Labor Management Relations Act, 29 U.S.C. 185(a), and the Employee Retirement Income Security Act…
Date: April 20, 2015
Docket Number: 13-4356
Justia Opinion Summary: BLET, a labor union under the Railway Labor Act, 45 U.S.C. 151, represents locomotive engineers and trainmen, including conductors and brakemen, who work for the railroad, a regional common carrier with 840 miles of…
Date: April 20, 2015
Docket Number: 13-6125
Justia Opinion Summary: Initially charged with eight counts related to excessive force, witness tampering, and obstruction of justice based on his conduct during the 2010 arrest of Stinnett and the subsequent federal investigation, former…
Date: April 16, 2015
Docket Number: 14-4020
Justia Opinion Summary: On Christmas night 2011, Coil and Starcher were walking home in Brilliant, Ohio. They stopped to rest along the road. Officer Kamerer approached in his cruiser and asked if anything was wrong. According to Starcher, the…
Date: April 15, 2015
Docket Number: 13-2269
Date: April 15, 2015
Docket Number: 14-3334
Justia Opinion Summary: The Wenks have a 17-year-old daughter, M, who has an IQ of 70 or below, and requires special education services. M attended high school in Grandview Heights, under an Individualized Education Program (IEP), as required…
Date: April 10, 2015
Docket Number: 12-2484
Justia Opinion Summary: Harris, a Ford Motor Company employee had irritable bowel syndrome. Ford initially tried to accommodate Harris, allowing telecommuting. After three attempts failed, Ford denied her request to work from home on an…
Date: April 10, 2015
Docket Number: 13-4188
Justia Opinion Summary: Stafford was convicted of conspiring with four others to bomb a bridge near Cleveland in connection with their membership in a spinoff of Occupy Wall Street. Stafford had a history of mental illness, but, after a…
Date: April 10, 2015
Docket Number: 14-3204
Date: April 10, 2015
Docket Number: 14-3616
Date: April 10, 2015
Docket Number: 14-3717
Date: April 9, 2015
Docket Number: 13-5757
Date: April 9, 2015
Docket Number: 14-1931
Date: April 9, 2015
Docket Number: 14-6322
Date: April 8, 2015
Docket Number: 13-4468
Justia Opinion Summary: Henricks, an Ohio prisoner, had symptoms of acute appendicitis. The following day, upon the recommendation of Dr. Gonzalez, the prison medical director, Henricks was sent to an emergency room. Officer Maynard, who had…
Date: April 7, 2015
Docket Number: 14-1687
Justia Opinion Summary: Plaintiffs obtained a home loan and granted a mortgage that was eventually assigned to Bank of America (BOA). Plaintiffs defaulted in 2007. In 2011, plaintiffs received a letter explaining the right to seek a loan…
Date: April 6, 2015
Docket Number: 13-4057
Justia Opinion Summary: In 1983, Pratt & Whitney made false statements to the Air Force while competing with GE to supply fighter jet engines. Pratt did not obtain more business and the fraud was discovered. The government filed a 1998 action…
Date: April 6, 2015
Docket Number: 13-4105
Date: April 6, 2015
Docket Number: 14-1680
Justia Opinion Summary: Plaintiff, a nonprofit charitable organization, solicits donations of clothing and shoes at unattended, outdoor donation bins for distribution in other countries. It locates bins at businesses that are “easily visible…
Date: April 6, 2015
Docket Numbers: 14-3117, 13-4105
Justia Opinion Summary: Slep-Tone Entertainment sued Karaoke Kandy and Polidori under federal and state law for unlawfully selling hard drives bearing Slep-Tone’s registered trademarks without authorization. After trial, the jury answered a…
Date: April 3, 2015
Docket Number: 13-6649
Justia Opinion Summary: In 2009, Defendant pleaded guilty to conspiracy to distribute oxycodone, 21 U.S.C. 846, and was sentenced to 10 months of imprisonment followed by three years of supervised release, with conditions prohibiting him from…
Date: April 1, 2015
Docket Number: 13-1091
Justia Opinion Summary: The “Swampbuster” provisions of the Food Security Act deny certain farm-program benefits to persons who convert a wetland for agricultural purposes, 16 U.S.C. 3821. Smith challenged the USDA’s determination that Smith…
Date: March 31, 2015
Docket Number: 13-6349
Justia Opinion Summary: An officer stopped a rental car, in which Winters was the passenger, for speeding. The occupants’ nervous behavior, inconsistent, implausible travel plans, and suspicious rental arrangement led the officer to believe…
Date: March 27, 2015
Docket Number: 14-3251
Justia Opinion Summary: Under a consent decree in a lawsuit relating to employee retirement benefits, Navistar contributes to a Supplemental Benefit Trust managed by SBC. The size of its contributions is determined by a formula based on…
Date: March 26, 2015
Docket Number: 14-1430
Justia Opinion Summary: Miri is a satellite-internet-dish installation company. Keller installed satellite internet dishes for Miri’s customers six days each week. Keller alleges that Miri did not compensate him adequately as an employee under…
Date: March 24, 2015
Docket Numbers: 13-3105, 14-3479
Justia Opinion Summary: St. Marys makes portland cement at a plant in Charlevoix. The Michigan Department of Natural Resources and Environment deemed the plant’s pollution controls sufficient and excused St. Marys from the retrofitting…
Date: March 23, 2015
Docket Number: 13-2692
Justia Opinion Summary: Defendant, a Mexican citizen, entered the U.S. in 1992, and, in 1993, married Cruz, a U.S. citizen. Defendant and Cruz have two children, but are divorced. Defendant has been removed three times. He pled guilty to…
Date: March 20, 2015
Docket Number: 14-6232
Justia Opinion Summary: The district court revoked Burch’s supervised release on August 21. Rule 4 of the Federal Rules of Appellate Procedure gives a criminal defendant 14 days to file a notice of appeal and permits a district court to extend…
Date: March 19, 2015
Docket Number: 14-1844
Justia Opinion Summary: Naser was the founder, 20 % co-owner, and chief executive of Michigan Orthopedic Services. The other co-owner was MOS, a private equity firm. In 2009, new Medicare regulations required the company to obtain surety bonds.…
Date: March 19, 2015
Docket Number: 14-3120
Justia Opinion Summary: Painesville Police Department Officers, initially responding to a noise issue, entered the Nall apartment and tasered Mr. Nall for a total of 26 seconds. During the tasering, Nall began foaming at the mouth, stopped…
Date: March 19, 2015
Docket Number: 14-3172
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