2017 Sixth Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 1157
Date: December 27, 2017
Docket Number: 15-2306
Justia Opinion Summary: Ferndale Officer Jaklic stopped Latits for turning the wrong way onto a divided boulevard after midnight. Latits opened his glove box to retrieve his registration. Jaklic testified that he saw bags that he suspected to…
Date: December 22, 2017
Docket Number: 17-1158
Justia Opinion Summary: Palmer’s vacant Detroit apartment complex was covered by a Scottsdale fire insurance policy until November 2012. The property was vandalized in February 2012. Palmer reported the loss in October 2013. Scottsdale replied…
Date: December 21, 2017
Docket Numbers: 15-2503, 15-2280
Justia Opinion Summary: PMC, an “outlaw” motorcycle club that has existed since 1968, has chapters in Michigan, Ohio, and six other states. PMC has a hierarchical structure, with a national president, vice president, and enforcers. Members wear…
Date: December 20, 2017
Docket Number: 17-1252
Justia Opinion Summary: Since 2010, federal courts have been reviewing the punishments Michigan may impose on individuals convicted of first-degree murder for acts they committed as children. In the meantime, the Supreme Court has twice ruled…
Date: December 20, 2017
Docket Number: 17-3706
Justia Opinion Summary: Akron police officers stopped Patterson’s car. They found an open container of alcohol and a stolen pistol inside it. In state court, Patterson pleaded guilty to receiving stolen property and driving with a suspended…
Date: December 19, 2017
Docket Number: 17-3112
Justia Opinion Summary: Welding inspectors for Gulf Interstate Field Services, who served on an Ohio pipeline-construction project in 2013-2014 and were paid on a “day-rate” basis, brought suit under the Fair Labor Standards Act, 29 U.S.C. 207,…
Date: December 19, 2017
Docket Number: 17-3744
Justia Opinion Summary: Hall and Thompson built a significant client base as brokers of equipment rental insurance. They brought some of their clients to a specialty division they formed at Hylant. USI paid a substantial sum for Hylant’s assets…
Date: December 18, 2017
Docket Number: 16-2440
Justia Opinion Summary: Insane Clown Posse, a Michigan music group, performs songs with “harsh language and themes.” Its fans, “Juggalos,” wear distinctive tattoos, clothing, and insignia, including clown face paint and the “hatchetman” logo.…
Date: December 18, 2017
Docket Number: 17-3128
Justia Opinion Summary: The Michigan National Guard terminated two “dual-status” technicians, who are military employees that must be members of the National Guard, hold a military grade, and wear an appropriate military uniform while…
Date: December 14, 2017
Docket Number: 17-3332
Date: December 13, 2017
Docket Numbers: 16-4098, 16-4099
Justia Opinion Summary: Under the Multiemployer Pension Plan Amendments Act, part of ERISA, a construction industry employer who withdraws from a multiemployer pension plan owes liability to that plan if the employer conducts work “in the…
Date: December 13, 2017
Docket Number: 16-4099
Date: December 13, 2017
Docket Number: 16-6059
Justia Opinion Summary: Community, the nation’s largest for-profit hospital system, obtained about 30 percent of its revenue from Medicare reimbursement. Instead of using one of the systems commonly in use for determining whether Medicare…
Date: December 13, 2017
Docket Number: 16-6512
Justia Opinion Summary: The United States charged Hall with unlawful gambling and money laundering and obtained a preliminary criminal forfeiture order for 18 parcels in Knox County. The County determined that Hall owed substantial delinquent…
Date: December 13, 2017
Docket Number: 17-3120
Justia Opinion Summary: Bruce and Bridget married in 1993. Their only child, Sierra, was born in 1995. In 2003, Bruce signed up for a life insurance plan sponsored by his employer and governed by the Employee Retirement Income Security Act…
Date: December 11, 2017
Docket Numbers: 17-5538, 17-5544
Justia Opinion Summary: Individuals reprogrammed ATMs to dispense $20 bills for each $1 they were supposed to dispense. Requesting $40 at a compromised ATM would deliver 40 $20 bills instead of two. More than $600,000 was taken from ATMs owned…
Date: December 11, 2017
Docket Number: 17-5638
Justia Opinion Summary: The Sixth Circuit affirmed the decision of the district court affirming the bankruptcy court concluding that Mountain Glacier properly reserved its arbitration claim in its dispute with Nestle Waters after Mountain…
Date: December 5, 2017
Docket Number: 16-2415
Justia Opinion Summary: An undercover agent drove a confidential informant to purchase heroin. After Jackson sold the CI a gram of heroin, the CI asked Jackson if he knew where to get a pistol. They negotiated a price. While the CI went to the…
Date: December 5, 2017
Docket Number: 17-5094
Justia Opinion Summary: In 2009, Clardy pled guilty to possessing a firearm as a convicted felon and to possessing over 50 grams of crack cocaine with the intent to distribute it. He signed a “Waiver of Appellate Rights,” stating that Clardy…
Date: December 4, 2017
Docket Number: 17-5081
Justia Opinion Summary: Undercover officers attempting a controlled purchase of methamphetamine arrested Estrada upon finding meth in his pocket and a rifle and ammunition in his car. He pleaded guilty to possession of a firearm by an unlawful…
Date: November 30, 2017
Docket Numbers: 16-1650, 16-1706, 16-1707, 16-1708
Justia Opinion Summary: FBI Agent Max began his investigation of two similar Michigan jewelry-store robberies—separated by 150 miles—with a chronological list of every phone number that used particular communications towers for any purpose…
Date: November 30, 2017
Docket Number: 16-2475
Justia Opinion Summary: Anwar, a U.S. citizen, was hired to work for MEG International in Dubai. Anwar alleges that, following her promotion, her supervisor, Ramachandran, began harassing her about working when she had young children; openly…
Date: November 30, 2017
Docket Number: 16-4128
Justia Opinion Summary: Taglieri, a citizen of Italy, was studying in Chicago when he met Monasky, an American citizen. They married and together decided to move to Italy. Taglieri was licensed to practice medicine in Italy and would have had…
Date: November 30, 2017
Docket Numbers: 16-6474, 16-6676, 16-6683
Justia Opinion Summary: From 2008-2014, Pain Center of Broward (PCB) issued cheap pain pill prescriptions; 60-65 patients a day arrived from many states. PCB’s owner, Shumrak, had no medical training. Seven of Eastern Kentucky’s largest drug…
Date: November 29, 2017
Docket Number: 17-3409
Date: November 28, 2017
Docket Numbers: 15-8018, 15-8027
Justia Opinion Summary: Debtor filed several unsuccessful lawsuits to invalidate Sandlin Farm's Deutsche Bank mortgage. Debtor, d/b/a Sandlin Farms sought Chapter 12 bankruptcy relief but did not propose to pay that mortgage nor a BoA mortgage…
Date: November 28, 2017
Docket Number: 16-2188
Justia Opinion Summary: Team sells materials to help individuals profit in multi-level marketing businesses. Doe anonymously runs the “Amthrax” blog, in which he criticizes multi-level marketing companies and Team. Doe posted a hyperlink to a…
Date: November 22, 2017
Docket Number: 16-6680
Justia Opinion Summary: Robinson is a stockholder in the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (the Companies), for-profit corporations organized by the government under…
Date: November 22, 2017
Docket Number: 17-1340
Justia Opinion Summary: A jury convicted Dufresne of three counts of first-degree criminal sexual conduct (CSC) and six counts of third-degree CSC, based upon sexual acts that Dufresne committed against his then-girlfriend, Wiertalla, with whom…
Date: November 22, 2017
Docket Number: 17-1897
Justia Opinion Summary: Martin, proceeding pro se, filed a late notice of appeal. In response to a show cause order, he claims that he did not receive timely notice of the underlying judgment. Federal Rule of Appellate Procedure 4(a)(6)…
Date: November 22, 2017
Docket Numbers: 17-2077, 16-2704
Justia Opinion Summary: As many as 50,000 stray dogs roam Detroit’s streets, sometimes in packs. An ordinance allows animal control officers to capture and impound stray dogs owned in violation of licensing and vaccination provisions and to…
Date: November 21, 2017
Docket Number: 16-2442
Justia Opinion Summary: Mokdad, a naturalized U.S. citizen, sought injunctive relief against the Attorney General, the FBI, and the Director of the Terrorist Screening Center (TSC) based on alleged instances where he was denied boarding on…
Date: November 20, 2017
Docket Number: 16-1010
Justia Opinion Summary: Randstad recruits temporary workers for clients. Plaintiffs, in-house Randstad employees (not temporary workers), engaged in marketing Randstad’s services; recruiting, evaluating, and placing workers; and administrative…
Date: November 20, 2017
Docket Number: 16-3871
Justia Opinion Summary: General Motors provides sales incentives to dealers who sell cars to GM employees, retirees, and their family members at a discounted rate. The dealer must collect a signed agreement from the purchaser that establishes…
Date: November 20, 2017
Docket Number: 17-3083
Justia Opinion Summary: Williams has a history of anxiety and depression, predating his employment with Grand Trunk Railroad, where Williams worked as an engineer beginning in 1995. In 2006, Williams consulted Dr. Bernick for hypertension,…
Date: November 20, 2017
Docket Number: 17-5031
Justia Opinion Summary: Worldwide Equipment, a Mack Truck dealer, remitted a 12% federal excise tax collected from purchasers of its heavy-duty trucks, and sought a refund, claiming that the trucks, designed for use in the Appalachian…
Date: November 16, 2017
Docket Number: 16-3750
Justia Opinion Summary: Kamar, born in Lebanon in 1964, moved to Jordan as a child. The family is Catholic, but adheres to Islamic cultural practices. Kamar’s mother is a U.S. citizen. Her mother, some siblings, and cousins live in Jordan.…
Date: November 15, 2017
Docket Number: 16-4121
Date: November 15, 2017
Docket Number: 17-3211
Justia Opinion Summary: In 2006, Williams pleaded guilty to being a felon in possession of a firearm. He had prior convictions under Ohio law: attempted felonious assault, domestic violence, and assault on a peace officer, which subjected him…
Date: November 15, 2017
Docket Numbers: 17-3577, 17-3578, 17-3579, 17-3804, 17-3805, 17-3821, 17-3822, 17-3825, 17-3826, 17-3827
Justia Opinion Summary: Plaintiffs, members of Global Fitness gyms, believed that Global misrepresented the terms of its gym memberships and sued as a class. The parties settled: Global agreed to pay $1.3 million to the class members, class…
Date: November 13, 2017
Docket Number: 17-3207
Justia Opinion Summary: Plaintiffs claimed Ohio’s paper-ballot absentee voter system discriminated against the blind, in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101. In Ohio, blind voters must seek the aid of a…
Date: November 9, 2017
Docket Number: 15-5211
Justia Opinion Summary: In 2013, OHL reassigned Smith, an eight-year employee, who regularly discussed Union business with co-workers, distributed Union materials, tried to convince her co-workers to sign Union cards, and wore pro-Union apparel…
Date: November 9, 2017
Docket Number: 16-3848
Justia Opinion Summary: Gatlin, an employee of Hopkins County Coal (HCC), was terminated from his job after refusing to perform a pre-shift examination that he believed entitled him to extra pay. Gatlin filed a discrimination complaint with the…
Date: November 9, 2017
Docket Number: 17-5037
Justia Opinion Summary: Harper shot his brother and pled guilty in state court to reckless aggravated assault, Tenn. Code 39-13- 102(a)(1)(B). Three years later, Harper was caught selling drugs while possessing a loaded pistol. He pled guilty…
Date: November 8, 2017
Docket Number: 17-3032
Justia Opinion Summary: For almost 40 years, Honeywell (or its predecessors) operated a manufacturing plant in Fostoria, Ohio. Many union workers, including Watkins and Ulicny, spent most of their working years at the plant. They retired at a…
Date: November 7, 2017
Docket Number: 16-3408
Justia Opinion Summary: In the 1980s, merchant marine plaintiffs filed asbestos-liability suits against ship-owner and manufacturer defendants in the Northern District of Ohio. That court ruled, in 1989, that it lacked personal jurisdiction…
Date: November 7, 2017
Docket Number: 17-1367
Justia Opinion Summary: Michigan mandates that school-age children be vaccinated before entering the public school system but offers exemptions for certain medical and nonmedical reasons. To get an exemption, a parent must visit a local health…
Date: November 2, 2017
Docket Number: 17-6122
Justia Opinion Summary: The Class Action Fairness Act extends federal court jurisdiction to class actions on behalf of 100 or more people and in request of $5 million or more in damages if “any member of a class of plaintiffs is a citizen of a…
Date: November 1, 2017
Docket Number: 16-4719
Justia Opinion Summary: Smith has epilepsy. He had a seizure while driving, steered into a yard, exited the car, and walked away. A neighbor called the police. Miami County Deputy Osting arrived and observed Smith, sweating, grasping a fence,…
Date: November 1, 2017
Docket Number: 16-6673
Justia Opinion Summary: Kerr sought judicial review of a determination that Kerr’s husband was not entitled to Social Security disability insurance benefits before his death. Kerr was due to receive any payment owed to Mr. Kerr. The parties…
Date: November 1, 2017
Docket Numbers: 17-5830, 17-510
Justia Opinion Summary: At a campaign rally in Louisville, Kentucky, in March 2016, then-candidate Trump responded to protesters by stating, “Get ‘em out of here,” followed closely by, “Don’t hurt ‘em—if I say go ‘get ‘em,’ I get in trouble…
Date: October 30, 2017
Docket Number: 16-6410
Justia Opinion Summary: Defendant pleaded guilty as a felon in possession of a firearm, 18 U.S.C. 922(g)(1). At the time of sentencing, Defendant had a pending incest charge in Tennessee relating to inappropriate sexual contact with his minor…
Date: October 30, 2017
Docket Number: 16-6714
Justia Opinion Summary: Plaintiffs are homeowners in centrally-planned neighborhoods in Thompson’s Station, Tennessee. The developers established and controlled owners’ associations for the neighborhoods but have transferred that control to…
Date: October 27, 2017
Docket Number: 15-5793
Justia Opinion Summary: Narcotics investigator Williams received information from a confidential source that White was selling marijuana from a Covington, Tennessee location. Williams enlisted the confidential source to execute a “controlled…
Date: October 27, 2017
Docket Number: 16-1213
Justia Opinion Summary: Perreault was alone with his four-month-old daughter when he called 911 to report that Jenna had been injured. Police and paramedics arrived and found that Jenna had suffered a blunt-force trauma to the head. She died…
Date: October 27, 2017
Docket Number: 16-3154
Justia Opinion Summary: Abilify is approved to treat schizophrenia, Bipolar Disorder, major depressive disorder and irritability associated with autism. There are no disapproved treatments for elderly patients, but the FDA has included a…
Date: October 27, 2017
Docket Number: 16-6415
Justia Opinion Summary: Rucker finished an approximately 15-year term of imprisonment and began a five-year term of supervised release. Rucker violated the terms of his supervised release on four occasions when he tested positive for…
Date: October 26, 2017
Docket Number: 16-3440
Justia Opinion Summary: Born in Pakistan, Haroon came to the U.S. on a visitor’s visa in 2002. Six months later, Haroon returned to Pakistan, married Bano, and the couple had a son. One week after the birth, they divorced. The next day, Haroon…
Date: October 26, 2017
Docket Number: 16-3981
Justia Opinion Summary: Navarre, a confidential informant for the Toledo Vice Narcotics Unit (TPD), was found unresponsive and bleeding from the head on December 1, 1993. A bloody, 110-pound boulder was found near her body. Navarre died days…
Date: October 25, 2017
Docket Number: 17-3855
Justia Opinion Summary: A jury convicted Campbell of four counts of aggravated murder, four counts of aggravated robbery, two counts of attempted kidnapping, and one count each of kidnapping, felonious assault, escape, and having a weapon under…
Date: October 23, 2017
Docket Number: 17-1283
Justia Opinion Summary: Tawas, Michigan hosts an annual festival called “Perchville.” Its Chamber of Commerce obtained federal trademark registration for the term “Perchville,” in 2003. Trading Post allegedly was selling merchandise depicting…
Date: October 20, 2017
Docket Numbers: 17-1215, 16-2761
Justia Opinion Summary: On April 9, Montmorency County jail nurse Sigler interviewed Shane, arrested for driving on a suspended license. Shane complained that he was “bipolar,” “paranoid,” had “panic attack[s]” and had a history of substance…
Date: October 16, 2017
Docket Number: 17-3188
Justia Opinion Summary: Flight Options announced that it would merge with Flexjet. The Teamsters Union already represented Options' pilots. Flexjet pilots elected the Teamsters to represent them. The existing Options collective-bargaining…
Date: October 12, 2017
Docket Number: 16-3364
Justia Opinion Summary: Gregg has a compensation policy whereby its retail and sales employees, who are paid solely on the basis of commission, are advanced a “draw” to meet the minimum-wage requirements whenever their commissions fall below…
Date: October 11, 2017
Docket Number: 16-2786
Justia Opinion Summary: Adams, 71, has been addicted to opiates for most of his life and has an extensive criminal history. In 2011, Adams pleaded guilty to conspiracy to distribute and possess with intent to distribute controlled substances,…
Date: October 10, 2017
Docket Number: 16-2707
Date: October 10, 2017
Docket Number: 16-6667
Justia Opinion Summary: Blue gem coal burns hotter and cleaner than thermal coal, making it useful for producing silicon, a critical ingredient of computer chips and solar panels. Environmental regulations make it difficult to mine. Demand for…
Date: October 3, 2017
Docket Number: 16-5701
Justia Opinion Summary: Hamilton County Deputy Greer pulled over a female driver who had been drinking, had no driver’s license, and had an outstanding arrest warrant. Greer ran her license but did not arrest her. He had her drive to a secluded…
Date: October 3, 2017
Docket Number: 17-5096
Justia Opinion Summary: Pham pleaded guilty as a felon in possession of a firearm, 18 U.S.C. 922(g)(1). The government argued that Pham was subject to the Armed Career Criminal Act, 18 U.S.C. 924(e) (ACCA), which imposes a 15-year minimum…
Date: September 29, 2017
Docket Numbers: 15-4098, 15-4100, 15-4124
Justia Opinion Summary: In 2008, Arise, a Dayton community school (charter school), faced declining enrollment, financial troubles, and scandal after its treasurer was indicted for embezzlement. The school’s sponsor sought a radical change in…
Date: September 29, 2017
Docket Number: 16-4319
Justia Opinion Summary: Bowling worked as a coal miner for 29 years, most recently for Island Fork. In 2002, Bowling unsuccessfully sought Black Lung Benefits Act (BLBA) benefits. In 2010, Bowling filed the current claim. In the meantime, the…
Date: September 27, 2017
Docket Number: 16-2591
Justia Opinion Summary: The Bay Mills Tribal Police Department broadcast a lookout notice for Verwiebe after it received a report that he had assaulted his girlfriend. When officers located Verwiebe, he pulled a knife from his waistband, raised…
Date: September 25, 2017
Docket Number: 16-4693
Justia Opinion Summary: Doe met Roe on Tinder. They eventually met in person. Doe invited Roe to his apartment, where the two engaged in sex. Three weeks later, Roe reported to the University of Cincinnati’s Title IX Office that Doe had…
Date: September 20, 2017
Docket Number: 16-1769
Justia Opinion Summary: Giasson and RCO were working together to secure a contract to make airline seats for a jet manufacturer. According to Giasson, RCO cut it out of the deal. Giasson sued RCO for breach of contract. During discovery, in…
Date: September 20, 2017
Docket Number: 16-2560
Justia Opinion Summary: While Richmond was incarcerated in the Wayne County Jail for about six weeks, she received treatment for a burn, resulting from Richmond setting her seatbelt on fire while trying to escape the police cruiser following…
Date: September 20, 2017
Docket Number: 16-4279
Justia Opinion Summary: Claimants, Wiggins and Allison, were at the Cleveland Airport for a flight to Orange County, California. The Drug Enforcement Administration (DEA), aware of their itineraries and that each had previous felony drug…
Date: September 20, 2017
Docket Number: 17-3270
Justia Opinion Summary: In 2011, Conzelmann pleaded guilty to distributing cocaine, 21 U.S.C. 841(a)(1); (b)(1)(C). The Sixth Circuit affirmed his sentence, as a career offender, to 188 months in prison. The Supreme Court denied his certiorari…
Date: September 20, 2017
Docket Number: 17-5045
Justia Opinion Summary: ICN, a religious nonprofit, operates a Nashville mosque and a school. In 2008, it began building a new school building, financed by an ijara agreement, to avoid “running afoul of the Islamic prohibition on the payment of…
Date: September 15, 2017
Docket Number: 16-2198
Justia Opinion Summary: Mullendore served as the Belding, Michigan City Manager, beginning in April 2013. During her tenure, she was involved in political disputes and a newly-elected city council member advocated termination of her at-will…
Date: September 14, 2017
Docket Number: 16-2404
Justia Opinion Summary: For two years, Defendant and two others, engaged in sexual acts with eight children. Defendant photographed and videotaped those sexual acts. Child 1, then in sixth grade, testified that Defendant forced him to watch…
Date: September 14, 2017
Docket Number: 16-6542
Date: September 13, 2017
Docket Number: 16-3972
Justia Opinion Summary: Defendant pointed a gun at an agent for a vehicle repossession company and threatened to shoot him and was indicted as a felon in possession of a firearm, 18 U.S.C. 922(g)(1). At his arraignment, Defendant acknowledged…
Date: September 12, 2017
Docket Numbers: 16-2406, 16-2168
Justia Opinion Summary: Beydoun and Bazzi, both U.S. citizens, alleged that as a result of being placed on the federal government’s “Selectee List,” which designates them for enhanced screening at the airport, they have missed flights and been…
Date: September 11, 2017
Docket Numbers: 16-2369, 16-2244
Justia Opinion Summary: Upon receiving an anonymous tip, the Michigan Gaming Control Board (MGCB) investigated allegations of race-fixing, involving gamblers and harness-racing drivers. Plaintiffs, MGCB-licensed harness drivers, attended an…
Date: September 11, 2017
Docket Number: 16-2484
Justia Opinion Summary: Plaintiffs, Flint, Michigan residents, filed a purported class action against city and state officials in state court, alleging that they have been harmed since April 2014 by the toxic condition of the Flint water…
Date: September 11, 2017
Docket Numbers: 17-3815, 17-3071
Justia Opinion Summary: In 1998, a jury convicted Coley of attempted murder, two counts each of kidnapping and aggravated robbery, and three counts of aggravated murder (with the felony-murder aggravating circumstance attached to each count).…
Date: September 8, 2017
Docket Number: 14-3148
Justia Opinion Summary: Three of Hand’s four wives died, two as victims of violent, unsolved home invasions. The death of Hand’s fourth wife, Jill, occurred while he was at home. Hand confronted and shot the intruder, who turned out to be his…
Date: September 7, 2017
Docket Number: 16-4111
Justia Opinion Summary: The Zappones own OSC, an Ohio scrap-metal recycling business. In November 2012, IRS Agents executed search-and-seizure warrants on OSC’s offices and the Zappones’ home while investigating alleged tax evasion and illegal…
Date: September 7, 2017
Docket Numbers: 16-6655, 16-6657
Justia Opinion Summary: The Laniers were involved in a scheme fraudulently to obtain government contracts reserved for businesses owned by socially and economically disadvantaged individuals or by service-disabled veterans. During…
Date: September 6, 2017
Docket Number: 15-1869
Justia Opinion Summary: The Jackson County Michigan Board of Commissioners begins its monthly meetings with a Christian prayer. Bormuth, a non-Christian resident, attended meetings because he was concerned about environmental issues. During the…
Date: September 5, 2017
Docket Number: 16-4045
Justia Opinion Summary: Roell suffered from schizoaffective disorder and paranoid delusions. Roell’s symptoms could be controlled by medication but he stopped taking his medication in June 2013 and began exhibiting signs of mental…
Date: September 1, 2017
Docket Number: 16-5089
Justia Opinion Summary: During the execution of a warrant to arrest Penney while he was selling 200 pounds of marijuana, Penney fired shots, injuring two federal agents. In 2005, Penney was convicted of 15 drug and firearm offenses and an…
Date: September 1, 2017
Docket Number: 16-6183
Justia Opinion Summary: The collective bargaining agreement (CBA) signed by the Jefferson County Board of Education (JCBE) and Jefferson County Teachers Association (JCTA) provided that if an employee believed that they were discriminated…
Date: September 1, 2017
Docket Number: 16-6441
Justia Opinion Summary: In 2005, Defendant pleaded guilty to conspiring to distribute cocaine hydrochloride, 21 U.S.C. 846 and 841(a)(1), (b)(1)(A). The Probation Office determined that Defendant was to be held accountable for conspiring to…
Date: August 31, 2017
Docket Number: 16-6381
Justia Opinion Summary: In 2008, Purdy borrowed from Citizens First, using his dairy cattle as collateral. Purdy refinanced in 2009, executing an “Agricultural Security Agreement" that granted Citizens a purchase money security interest in “all…
Date: August 30, 2017
Docket Number: 16-1042
Justia Opinion Summary: Doe and her daughter flew aboard Etihad Airways from Abu Dhabi to Chicago. During the journey, Doe’s tray table remained open because a knob had fallen off. Doe’s daughter found the knob on the floor; Doe placed it in a…
Date: August 29, 2017
Docket Number: 16-2128
Justia Opinion Summary: Duke was sentenced to a 156-month term of imprisonment for conspiracy to commit wire fraud but failed to self-surrender. A warrant issued for his arrest, a new indictment was filed, charging Duke with failure to…
Date: August 28, 2017
Docket Number: 16-6597
Justia Opinion Summary: In 1999, 12-year-old C.M. left home. Her sister and her sister’s boyfriend searched the neighborhood. Returning home, they found C.M. disoriented. C.M. stated that she had been at the neighboring Mills house and Mills…
Date: August 25, 2017
Docket Number: 16-2208
Justia Opinion Summary: Fontana, in his 50s, posed as a 16-year-old to chat with a 15-year-old female living near Detroit. Fontana claimed that his computer’s camera was broken and convinced his victim to take off her shirt. He recorded this…
Date: August 25, 2017
Docket Number: 16-5181
Justia Opinion Summary: Officer Turner responded to reports that a woman was intoxicated at Wal-Mart. Turner found the woman, Lakes, who was “clearly under the influence.” Lakes stated that she was with Lewis, who was in his truck and would…
Date: August 24, 2017
Docket Number: 16-2376
Justia Opinion Summary: Defendant is a member of the Saginaw Chippewa Tribal Nation. Before his arrest and incarceration, he resided on the Isabella Reservation in Mt. Pleasant, Michigan with his wife and his step-daughter, B.J. Defendant…
Date: August 24, 2017
Docket Numbers: 16-3400, 16-3400
Justia Opinion Summary: Organizations that represent migrant farm-workers claimed that the U.S. Border Patrol allows agents at its Sandusky Bay, Ohio station to target persons of Hispanic appearance for questioning. The district court found…
Date: August 23, 2017
Docket Number: 16-3209
Justia Opinion Summary: The government sought forfeiture (21 U.S.C. 881(a)(4),(6), (7); 18 U.S.C. 981) of bank accounts, real properties, vehicles, and $91,500 in U.S. currency, related to its investigation into Salouha and Sbeih. Salouha…
Date: August 23, 2017
Docket Number: 16-3542
Justia Opinion Summary: The government sought forfeiture (21 U.S.C. 881(a)(4),(6), (7); 18 U.S.C. 981) of bank accounts, real properties, vehicles, and $91,500 in U.S. currency, related to its investigation into Salouha and Sbeih. Salouha…
Date: August 22, 2017
Docket Number: 15-1782
Justia Opinion Summary: Sylvester was indicted on February 26, 2003. There were multiple superseding indictments. Sylvester went to trial on September 13, 2005 and was convicted of possession with intent to distribute five kilograms or more of…
Date: August 22, 2017
Docket Number: 15-6303
Justia Opinion Summary: Ferguson pled guilty as a felon in possession of a firearm, 18 U.S.C. 922(g)(1). The court found that at least three of Ferguson’s eight Tennessee convictions were violent felonies that triggered the Armed Career…
Date: August 18, 2017
Docket Number: 16-2102
Justia Opinion Summary: Sumpter spent a month in the Wayne County Jail in Detroit and underwent four strip searches that she alleges violated her Fourth Amendment rights. Three searches occurred in the jail’s Registry, where inmates are…
Date: August 18, 2017
Docket Number: 16-3539
Justia Opinion Summary: In 2010, Congress passed the Foreign Account Tax Compliance Act (FATCA), to reduce tax evasion by U.S. taxpayers holding funds in foreign accounts. FATCA imposes account-reporting requirements (and penalties for…
Date: August 18, 2017
Docket Number: 16-3895
Justia Opinion Summary: The Ohio Department of Health cited Carlton Manor Nursing & Rehabilitation Center for health and safety violations. Carlton hired Sovran Management to help turn things around. When that failed, the nursing home closed.…
Date: August 18, 2017
Docket Number: 16-6169
Justia Opinion Summary: Circle, a family-owned general contractor, built 42 Army warehouses. Over a period of seven years, a subcontractor, Phase, paid two electricians about $9,900 less than the wages mandated by the Davis-Bacon Act, rendering…
Date: August 17, 2017
Docket Number: 16-6428
Justia Opinion Summary: The Oak Ridge, Tennessee uranium-enrichment facilities for the Manhattan Project, the World War II effort to build the first atomic bomb, have been inactive since the mid-1980s. The Department of Energy has worked to…
Date: August 16, 2017
Docket Number: 16-2181
Justia Opinion Summary: Hemlock and Sachsen manufacture components of solar-power products. They entered into a series of long-term supply agreements (LTAs), by which Hemlock in Michigan would supply Sachsen in Germany with set quantities of…
Date: August 16, 2017
Docket Number: 16-4734
Justia Opinion Summary: Gerboc used the Wish Marketplace website to buy portable speakers for $27. Sellers on Wish can include a Manufacturer’s Suggested Retail Price, which appears (crossed-out) on a product’s “detail page.” Gerboc saw “$300”…
Date: August 16, 2017
Docket Number: 16-6486
Justia Opinion Summary: Faisal is a citizen of the United Kingdom, residing in London. Mardia is a U.S. citizen. They married in Bangladesh in 2009, while Mardia was a student in Michigan. She remained in Michigan to complete her studies. In…
Date: August 15, 2017
Docket Number: 15-1691
Justia Opinion Summary: Tanner, convicted of murder in 2000, unsuccessfully sought habeas relief, arguing that the Michigan Supreme Court unreasonably applied Supreme Court precedent when it upheld the denial of funding for a defense serology…
Date: August 15, 2017
Docket Number: 16-6691
Justia Opinion Summary: A tree fell on Kaitlyn and Joshua. Kaitlyn died. She was pregnant. Doctors delivered the baby, but he died an hour later. Joshua survived with serious injuries. A state jury found the Somerset Housing Authority liable…
Date: August 15, 2017
Docket Number: 17-3609
Justia Opinion Summary: In 1998, Tibbetts was convicted of murder, aggravated murder, and aggravated robbery and was sentenced to death. Tibbetts filed his first habeas petition in 2003, challenging “the administration of the death penalty by…
Date: August 14, 2017
Docket Number: 13-6085
Justia Opinion Summary: In 1986, Thompson, having served 12 years of a life sentence for an unrelated murder for hire, killed his prison-farm supervisor, stole his possessions, and fled. Thompson was captured and convicted of murder, robbery,…
Date: August 14, 2017
Docket Number: 16-2149
Justia Opinion Summary: Brown arrived to pick up Hamilton for what he thought was a date. Hamilton’s boyfriend, Stewart, was waiting for him. A struggle ensued. Shots were fired. The men grappled down an apartment stairwell building and out the…
Date: August 14, 2017
Docket Number: 16-2522
Justia Opinion Summary: In 2004, when the Sentencing Guidelines were deemed mandatory, Raybon pleaded guilty to distributing more than 50 grams of cocaine base, 21 U.S.C. 841(a)(1), agreeing that he qualified as a career offender under U.S.S.G.…
Date: August 11, 2017
Docket Numbers: 14-4297, 15-3324, 17-3162
Justia Opinion Summary: In 1990, Stan and Bara Jurcevic opened an account at the St. Paul Croatian Federal Credit Union (SPCFU). The National Credit Union Administration Board (NCUAB) charters and insures credit unions, 12 U.S.C. 1766, and can…
Date: August 10, 2017
Docket Number: 13-5224
Justia Opinion Summary: In 1986, Black shot his girlfriend Angela’s ex-husband. Black pleaded guilty and was sentenced to two years at a Davidson County, Tennessee, workhouse. In 1988, while on a weekend furlough, Black entered Angela’s home,…
Date: August 9, 2017
Docket Number: 16-3997
Justia Opinion Summary: Akron officers searched Yates’s residence and seized firearms and crack cocaine. Yates was convicted as a felon in possession of a firearm, 18 U.S.C 922(g)(1), and for possessing crack cocaine with the intent to…
Date: August 4, 2017
Docket Number: 16-4039
Justia Opinion Summary: Attorney King approached Terry, a supposed drug dealer, at a strip club. King offered to help Terry launder drug money. Terry, actually a confidential informant, told the police, who arranged several meetings that Terry…
Date: August 3, 2017
Docket Number: 16-4229
Justia Opinion Summary: Cummings worked for the Greater Cleveland Regional Transit Authority for 27 years. She alleges the Authority paid her less than her male colleagues and refused to promote her when she complained about the disparity. She…
Date: August 3, 2017
Docket Number: 17-5021
Justia Opinion Summary: Miller was arrested, charged, and indicted on charges of reckless driving and resisting arrest, based on false statements made by Officer Maddox. The district court granted summary judgment in Maddox’s favor on Miller’s…
Date: August 1, 2017
Docket Number: 14-4258
Justia Opinion Summary: Martinez was convicted of distribution of controlled substances, mail fraud, wire fraud, health care fraud, and health care fraud resulting in the death of patients. He was sentenced to life imprisonment. The Sixth…
Date: July 28, 2017
Docket Numbers: 16-1684, 17-1144
Justia Opinion Summary: Flint, which previously obtained water from DWSD, decided to join the Karegnondi Water Authority (KWA). The DWSD contract terminated in 2014. Because KWA would take years to construct, Flint chose the Flint River as an…
Date: July 28, 2017
Docket Numbers: 16-6226, 16-6221, 16-6225, 16-6227
Justia Opinion Summary: John L. Griffin, a long-deceased Kentucky businessman, and his wife, Rosellen, had 12 children. Plaintiffs are four of their daughters. Defendants are two of their sons, the Griffin estate, the Griffin trust, plus an…
Date: July 27, 2017
Docket Number: 16-2332
Justia Opinion Summary: In 2004, Baker Lofts purchased an abandoned building for renovation. Loans of more than $5 million from Huntington were secured by two mortgages on the building and by personal property, including a…
Date: July 26, 2017
Docket Number: 15-4136
Justia Opinion Summary: Darrah, a Madison Correctional Institution (MCI) inmate, sued medical staff under 42 U.S.C. 1983, claiming violation of his right to be free from cruel and unusual punishment under the Eighth Amendment. Darrah had a…
Date: July 26, 2017
Docket Number: 16-2126
Justia Opinion Summary: The Herrs bought property on Crooked Lake in the Upper Peninsula of Michigan, hoping to use the lake for recreational boating and fishing. Most of Crooked Lake lies in the federally-owned Sylvania Wilderness but some…
Date: July 26, 2017
Docket Number: 16-3243
Justia Opinion Summary: In 2004, Privett pleaded guilty to sexual battery. Nine years later, Privett married a foreign citizen and filed Form I-130 to establish her qualification for a visa and eventually a Green Card. USCIS sent Notice of…
Date: July 25, 2017
Docket Number: 16-1768
Justia Opinion Summary: Lincoln Park’s dire financial condition led Michigan officials to place the city under the purview of an Emergency Manager pursuant to the Local Financial Stability and Choice Act, Mich. Comp. Laws 141.1541. Emergency…
Date: July 24, 2017
Docket Number: 16-3550
Justia Opinion Summary: Federal Medicaid funds are not available for state medical expenditures made on behalf of “any individual who is an inmate of a public institution (except as a patient in a medical institution),” 42 U.S.C.…
Date: July 21, 2017
Docket Number: 16-4171
Justia Opinion Summary: Jackson, injured in an accident, taken to University Hospital, where she stated that she had health insurance coverage through United. Jackson received treatment from PRI, which uses MDB for billing services. PRI did not…
Date: July 20, 2017
Docket Number: 15-6141
Justia Opinion Summary: Edwards was killed in 1991. In 1999, Defendant, incarcerated on unrelated charges, contacted Chattanooga Police, stating he had information related to the unsolved murder. Detective Mathis interviewed Defendant.…
Date: July 20, 2017
Docket Number: 16-4342
Justia Opinion Summary: McNeil opened a business checking account with Defendant. A “Master Services Agreement,” stated: [W]e have available certain products designed to discover or prevent unauthorized transactions, …. You agree that if your…
Date: July 20, 2017
Docket Number: 16-5431
Justia Opinion Summary: Wesley was an elementary school counselor in Covington, Kentucky. Seven-year-old J.S., who suffered from psychological problems, told his mother that Wesley had sexually assaulted him. Campbell, a social worker, talked…
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