2012 Sixth Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 2013
Date: December 31, 2012
Docket Number: 09-1860
Justia Opinion Summary: Ross and Burston were indicted for conspiracy to utter counterfeit securities and substantive counts related to the conspiracy. They gave counterfeit “official checks,” purportedly issued by Comerica Bank, to private…
Date: December 30, 2012
Docket Number: 12-5358
Date: December 27, 2012
Docket Number: 11-8083
Justia Opinion Summary: The DeGroots divorced; Joel was ordered to pay child support. The court awarded Joy the residence and ordered Joy to pay $48,000 for Joel’s equity in installments. Joy paid $10,000.00. Joel later filed a no-asset chapter…
Date: December 26, 2012
Docket Number: 11-2571
Justia Opinion Summary: Carpenter pled guilty to the charge of failing to appear for sentencing (18 U.S.C. 3146(a)(1)). The district court sentenced him to 13 months’ imprisonment and two years of supervised release. At the sentencing hearing,…
Date: December 26, 2012
Docket Number: 11-6009
Justia Opinion Summary: Jones shot Lipford four times in a Memphis parking lot, and Lipford’s car was taken. The prosecution argued that the incident was a robbery and carjacking, while Jones and Washington described a drug deal gone bad and…
Date: December 21, 2012
Docket Number: 11-5021
Justia Opinion Summary: Dawson hit his girlfriend and pointed a gun at her son, threatening to kill them. Police responded and saw Dawson discarding a stolen firearm. Dawson was indicted for possession of a firearm by a felon, 18 U.S.C. 922(g),…
Date: December 20, 2012
Docket Number: 11-4082
Justia Opinion Summary: Police officers and an agent from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, on patrol in an unmarked car, observed that Defendant’s SUV did not have a front license plate, as required by Ohio law. They…
Date: December 20, 2012
Docket Number: 12-1169
Justia Opinion Summary: Wells Fargo foreclosed on Frank’s home by advertisement. Frank is deceased and Mitan is the estate representative. The Federal Home Loan Mortgage Corporation purchased the home at a sheriff’s sale in February 2010, and…
Date: December 19, 2012
Docket Number: 11-1046
Justia Opinion Summary: In 1988, Thompson was murdered in Detroit. Bell was found guilty of felony murder and possessing a firearm while committing a felony. He was sentenced to life imprisonment without parole. On appeal he argued that counsel…
Date: December 19, 2012
Docket Number: 12-3130
Justia Opinion Summary: Dorothy resided at the Landing assisted living facility from 2001 until 2007. She was 80 years old in 2007. She had Parkinson’s disease, dementia, and had suffered a stroke in 2001. She had no history of diabetes or…
Date: December 18, 2012
Docket Number: 11-1828
Justia Opinion Summary: The Office of the Racing Commissioner regulates the Michigan horse-racing industry. The ORC hires racing stewards as independent contractors to perform regulatory, judging, and enforcement functions in conjunction with…
Date: December 18, 2012
Docket Number: 11-2349
Justia Opinion Summary: Remark produced a distinctive series of television commercials for radio stations known as the “remarkable mouth” or “hot lips” commercials. The U.S. Copyright Office issued a copyright for a version of this commercial…
Date: December 18, 2012
Docket Number: 11-4153
Justia Opinion Summary: Erie County filed a purported class action on behalf of itself and other counties in northern Ohio, claiming that Morton and Cargill conspired to fix the price of rock salt in northern Ohio by geographically dividing the…
Date: December 18, 2012
Docket Number: 11-4251
Justia Opinion Summary: Zhang is a Chinese citizen. She was stopped by INS upon her entry to the U.S. without valid documents in 2001. In 2002, Zhang was ordered removed; the BIA affirmed. Zhang did not leave the country; she converted to…
Date: December 17, 2012
Docket Number: 12-3218
Justia Opinion Summary: In 2008, Dixon, an African-American woman and then-interim Associate Vice President for Human Resources at the University of Toledo, wrote an op-ed column in the Toledo Free Press rebuking comparisons drawn between the…
Date: December 14, 2012
Docket Number: 11-4143
Justia Opinion Summary: In 1992 Navistar attempted to reduce its costs for retired employee health and life insurance benefits. Navistar’s retirement benefit plan is a registered employee health benefit plan under the Employee Retirement Income…
Date: December 13, 2012
Docket Number: 11-4394
Justia Opinion Summary: Georgia-Pacific sued Four-U-Packaging, alleging that Four-U’s supply of off-brand paper towels for use in Georgia-Pacific paper-towel dispensers infringed on its trademarks. Four-U distributes paper and janitorial…
Date: December 12, 2012
Docket Number: 11-3480
Justia Opinion Summary: Watts began working for UPS in 1990; in 2000 she injured her back while unloading her truck. She was diagnosed with acute back strain and placed on medical leave. Watts was awarded Temporary Total Disability (TTD)…
Date: December 11, 2012
Docket Number: 11-4217
Justia Opinion Summary: Paul brought state law claims for disability discrimination and retaliation against her former employer after her 12-year employment as a CT Technologist came to an end following a work-related injury. The employer…
Date: December 10, 2012
Docket Number: 11-6352
Justia Opinion Summary: The affidavit for a warrant for Fields’s arrest for misdemeanor domestic assault noted that arrest would be without bond. Three days later, Fields turned himself in. During booking, Fields requested to post bail. Told…
Date: December 10, 2012
Docket Number: 12-5112
Date: December 7, 2012
Docket Number: 10-6322
Date: December 6, 2012
Docket Number: 11-6522
Justia Opinion Summary: SEW operated 113 franchise Waffle House restaurants when it filed its Chapter 11 petition in 2008. From January, 2005, to the Petition Date, SEW did not pay federal income tax withholding, social security (FICA), or…
Date: December 6, 2012
Docket Number: 12-3005
Date: December 6, 2012
Docket Number: 12-3305
Date: December 5, 2012
Docket Number: 11-4177
Justia Opinion Summary: Norfolk employees who run trains include train service workers and engine service workers. Engineers are engine service workers who operate locomotives. Train service workers perform switching and groundwork; they…
Date: December 5, 2012
Docket Number: 11-4242
Date: December 3, 2012
Docket Number: 10-6464
Justia Opinion Summary: The Tennessee Department of Children’s Services, Hickman County, received a referral regarding allegations of abuse concerning the Andrews. A social worker was attempting to make contact when DCS received a second…
Date: December 3, 2012
Docket Number: 11-4203
Justia Opinion Summary: Plaintiffs are five pension funds operated by the State of Ohio for public employees that invested hundreds of millions of dollars in 308 mortgage-backed securities (MBS) between 2005 and 2008, all of which received a…
Date: November 30, 2012
Docket Number: 09-2011
Justia Opinion Summary: Moore voluntarily surrendered to Detroit police in connection with a shooting homicide. He asked an officer to call a number on an attorney’s business card. The officer called and reached an answering service and so…
Date: November 30, 2012
Docket Number: 11-2378
Justia Opinion Summary: In 2005, the Coyers entered into a mortgage agreement with Option One to purchase property in Linwood, Michigan. Subsequently, HSBC purchased the mortgage. After the Coyers allegedly stopped making payment to HSBC in…
Date: November 30, 2012
Docket Number: 12-5271
Justia Opinion Summary: Minor political parties sought ballot access (Green Party of Tennessee and Constitution Party of Tennessee) and sued, alleging that requirements to qualify for the Tennessee ballot as a “recognized minor party” were…
Date: November 29, 2012
Docket Number: 11-2097
Justia Opinion Summary: Michigan promotes recycling of beverage containers by offering a cash refund of a 10-cent deposit to consumers and distributors. Retailers are required to accept empty containers of beverages that they sell. The Bottle…
Date: November 29, 2012
Docket Number: 11-3589
Justia Opinion Summary: Campbell and Gemperline were attacked on different dates by a canine unit police dog (Spike). They filed suit under 42 U.S.C 1983 against the canine’s handler, the chief of police, and the city, alleging excessive force,…
Date: November 28, 2012
Docket Number: 11-3973
Justia Opinion Summary: In 2003, in the getaway from an armed bank robbery, Parks crashed his car while fleeing police and killed his passenger, a co-conspirator. Parks pled guilty to bank robbery resulting in the killing of another (18 U.S.C. …
Date: November 28, 2012
Docket Number: 11-4298
Justia Opinion Summary: Hensley worked in various capacities as a coal miner at various times between 1972 and 1988. He also smoked half a pack of cigarettes every day for at least 10 years. From 1990 to 2010, Hensley sought benefits under the…
Date: November 28, 2012
Docket Number: 11-6449
Justia Opinion Summary: Officer Martin was called to a grocery store following an alleged shoplifting. Martin took possession of a cell phone allegedly dropped by the perpetrator. Based on a conversation with a person listed in the phone’s…
Date: November 27, 2012
Docket Number: 12-8015
Justia Opinion Summary: The bankruptcy court held that fees owed to a court-appointed guardian ad litem constitute a “domestic support obligation” under Section 101(14A) of the Bankruptcy Code and are, therefore, a nondischargeable debt under…
Date: November 21, 2012
Docket Number: 11-1764
Date: November 21, 2012
Docket Number: 11-5994
Date: November 21, 2012
Docket Number: 11-6286
Justia Opinion Summary: In 1998, Rimmer was convicted and sentenced to death for the murder of Ellsworth. Rimmer later learned that the federal government had conducted a joint investigation of Ellsworth’s murder with the Memphis Police…
Date: November 20, 2012
Docket Number: 11-4036
Date: November 16, 2012
Docket Number: 11-6213
Justia Opinion Summary: Kohl, a certified bomb technician, participated in an experiment funded by the U.S. Department of Defense at the Tennessee State Fire Academy, which involved constructing and detonating explosives in vehicles and…
Date: November 16, 2012
Docket Number: 12-5175
Justia Opinion Summary: In 2008, Baniel (an LLC owned by Coffman), Coffman, and her husband Bryan obtained financing from Bank of America to purchase a yacht, giving Bank of America a secured interest. Months later, the United States filed a…
Date: November 15, 2012
Docket Number: 08-1387
Justia Opinion Summary: Michigan adopted race-conscious admissions policies for public colleges and universities in the 1960s and 1970s, In 2003, the Supreme Court held that universities cannot establish racial quotas but could continue…
Date: November 15, 2012
Docket Number: 08-1389
Date: November 15, 2012
Docket Number: 08-1534
Date: November 15, 2012
Docket Number: 09-1111
Date: November 15, 2012
Docket Number: 09-3528
Justia Opinion Summary: In 1985 Moreland lived with his girlfriend Glenna and seven others. After arguing with Glenna, Moreland left, returned with a rifle, and killed Glenna and four others. An 11-year-old child and another were injured but…
Date: November 15, 2012
Docket Number: 11-3460
Justia Opinion Summary: Evans pled guilty to being a felon in possession of a firearm (18 U.S.C. 922(g)(1) and 924(a)(2)) and was sentenced to 92 months’ imprisonment. When calculating his base offense level under the U.S. Sentencing…
Date: November 9, 2012
Docket Number: 11-2057
Justia Opinion Summary: Cintas’s SSRs drive trucks to deliver products and act as sales representatives, providing customer service, pitching sales, and collecting payments. Serrano, a female, unsuccessfully applied for a position as an SSR and…
Date: November 9, 2012
Docket Number: 11-4237
Justia Opinion Summary: To help defendants resist child-pornography charges, technology expert and lawyer Boland downloaded images of children from a stock photography website and digitally imposed the children’s faces onto the bodies of adults…
Date: November 8, 2012
Docket Number: 10-3497
Justia Opinion Summary: Lo, a citizen of Senegal, entered the U.S. in 1997 with a non-immigrant student visa, and reunited with Dieng. Dieng had used a false passport to enter the U.S. in 2003. They married in 2005 and their daughter was born…
Date: November 7, 2012
Docket Number: 12-1201
Justia Opinion Summary: In 2000-2001Alioto spent several hundred thousand dollars of his own money on expenses relating to a new business (BRT) involving use of “celebrity talent” to create internet advertising. Alioto became involved in BRT…
Date: November 6, 2012
Docket Number: 11-5717
Justia Opinion Summary: White was an emergency department nurse for Baptist 2005-2007. She did not have a regularly scheduled meal break; breaks occurred as work allowed. White received a copy of Baptist’s employee handbook, which stated that…
Date: November 2, 2012
Docket Number: 10-1453
Justia Opinion Summary: Two former employees of Coca-Cola claim that they were injured while performing their jobs. They reported their injuries to Coca-Cola’s third-party administrator for worker’s compensation claims, Sedgwick, which denied…
Date: November 1, 2012
Docket Number: 10-3319
Justia Opinion Summary: While employed at PPG, plaintiffs were represented by three labor unions. In 2001 PPG modified health benefits for retirees, requiring that retirees pay a portion of the cost. The unions thought the modification was a…
Date: November 1, 2012
Docket Number: 11-1665
Justia Opinion Summary: Castilla entered the U.S. for a third time after two deportations and moved to Michigan, where Reyes lived. Reyes made and sold false identification documents to illegal immigrants. Castilla joined the operation. Reyes…
Date: October 31, 2012
Docket Number: 10-5298
Justia Opinion Summary: Plaintiff is the surviving spouse of a 39-year AK employee, who died in 2008, then receiving a monthly pension benefit of $1,386. Plaintiff applied for the surviving spouse benefit and was advised that she was entitled…
Date: October 31, 2012
Docket Number: 12-4264
Justia Opinion Summary: The Sixth Circuit granted Ohio a stay of the district court’s October 26 order granting a preliminary injunction that requires the state to count provisional ballots cast in the wrong polling place due to poll-worker…
Date: October 30, 2012
Docket Number: 11-1671
Justia Opinion Summary: Al-Mansoob filed a lawsuit concerning a traffic accident in July 2009. When he instituted Chapter 7 bankruptcy proceedings two months later, he did not list his claims against Malloy and Wilburn Archer Trucking, Inc.…
Date: October 26, 2012
Docket Number: 10-6497
Justia Opinion Summary: Stone owned STM, which owed Fifth Third about $1 million, secured by liens on business assets and on Stone’s house. Stone’s attorney, Atherton, introduced Stone to Waldman, a potential investor. Stone did not know that…
Date: October 25, 2012
Docket Number: 10-2172
Justia Opinion Summary: In 2004 a jury convicted Middlebrook of assault with intent to murder, felony firearm possession, and unlawful driving away of a motor vehicle in connection with the shooting of his former girlfriend. On appeal,…
Date: October 25, 2012
Docket Number: 11-1538
Justia Opinion Summary: American Freedom Defense Initiative is a nonprofit corporation that wanted to place an advertisement on the side of city buses in Michigan. The advertisement read: “Fatwa on your head? Is your family or community…
Date: October 25, 2012
Docket Number: 11-2125
Justia Opinion Summary: Mortgage banker Henry and 445 of his colleagues sued Quicken Loans, claiming failure to pay them overtime wages from 2003 to 2007, in violation of the Fair Labor Standards Act, 29 U.S.C. 201. Quicken responded that the…
Date: October 25, 2012
Docket Number: 12-5057
Justia Opinion Summary: In 2008, Auday, age 47, started work at a Wet Seal store. In 2009, Wet Seal fired her. She claimed that the termination was unlawful and discriminatory. Days later, Auday filed for Chapter 7 bankruptcy, listing $510,725…
Date: October 23, 2012
Docket Number: 10-2198
Justia Opinion Summary: On October 29, 1994, people, including Gover, congregated at a house from which Ratliff and Hunter sold marijuana to discuss a robbery. Ratliff believed that “Ricky” and the stolen items could be found nearby. Ratliff…
Date: October 23, 2012
Docket Number: 12-5294
Justia Opinion Summary: Hatcher is appealing his conviction for conspiring to distribute and possess with intent to distribute 1,000 kilograms or more of marijuana. He moved to file his appendix under seal to prevent the public disclosure of…
Date: October 22, 2012
Docket Number: 11-1954
Justia Opinion Summary: In 1992, Haddad purchased a condominium. He timely paid association assessments and lived at the home until 2005. Since then, the condominium has remained vacant or leased. In October 2008, Haddad received a collection…
Date: October 22, 2012
Docket Number: 11-2438
Justia Opinion Summary: Taylor owned a convenience store. In 2008, the store received authorization to redeem benefits through the Supplemental Nutrition Assistance Program, a federally funded program providing nutritional assistance to needy…
Date: October 19, 2012
Docket Number: 10-3427
Date: October 19, 2012
Docket Number: 11-3441
Justia Opinion Summary: Blizzard, born in 1951, was hired as a part-time clerk at MTC in 1992 and was promoted to in 1996. Blizzard’s supervisor, Nutter, began as MTC’s Controller in 2001. In 2005, MTC began installing a new management…
Date: October 18, 2012
Docket Number: 11-3161
Date: October 17, 2012
Docket Number: 10-6125
Justia Opinion Summary: Following a 2000 shooting death in Nashville, Robins was convicted of first-degree, premeditated murder in state trial court. The appellate court affirmed. Robins filed a habeas corpus petition, claiming ineffective…
Date: October 16, 2012
Docket Number: 10-5432
Justia Opinion Summary: An alleged methamphetamine manufacturing and distribution conspiracy in eastern Tennessee involved 49 indicted defendants, 21 U.S.C. 841(a), 846. Miller pleaded guilty and challenged her sentence. Beals and Ambrose were…
Date: October 16, 2012
Docket Number: 11-1043
Date: October 12, 2012
Docket Number: 11-2366
Date: October 11, 2012
Docket Number: 11-3341
Justia Opinion Summary: Zobel engaged in sexually explicit online chats with numerous minor females from around the country. Zobel resided in Michigan, and a minor female, J.C., resided in Ohio. Zobel persuaded J.C. to perform oral sex on him.…
Date: October 11, 2012
Docket Number: 12-4069
Justia Opinion Summary: Ohio requires that provisional ballots be cast in the correct precinct, with a completed voter affirmation, making no exception for wrong-precinct and deficient-affirmation ballots caused by poll-worker error, O.R.C. …
Date: October 9, 2012
Docket Number: 11-1038
Justia Opinion Summary: A 1998 neighborhood shooting in Detroit resulted in the death of an 18-year-old male bystander and injury to two other bystanders, a 21-year-old male and a nine-year-old female. A year later, a Michigan state court…
Date: October 9, 2012
Docket Number: 11-5965
Date: October 5, 2012
Docket Number: 11-3832
Date: October 5, 2012
Docket Number: 11-5779
Justia Opinion Summary: A dialysis provider created a wholly-owned subsidiary, RCGSC, which supplied dialysis equipment for home use, to take advantage of the Medicare reimbursement scheme and increase profits. In 2005 former employees filed a…
Date: October 5, 2012
Docket Number: 12-4055
Justia Opinion Summary: In July 2012, Obama for America, the Democratic National Committee, and the Ohio Democratic Party filed a complaint, alleging that Ohio Rev. Code 3509.03 was unconstitutional insofar as it imposed on non-military voters…
Date: October 4, 2012
Docket Number: 11-2579
Justia Opinion Summary: Tasis and his brother ran a sham medical clinic, recruited homeless Medicare recipients who had tested positive for HIV, hepatitis or asthma, paid the “patients” small sums in exchange for their insurance identification,…
Date: October 2, 2012
Docket Number: 11-4062
Justia Opinion Summary: In 2004, Ohio passed a law criminalizing the distribution of mifepristone, also known as RU-486, unless the distribution complied with protocols and gestational time limits identified by the FDA when mifepristone was…
Date: October 1, 2012
Docket Number: 10-3339
Justia Opinion Summary: In 1994 Nathan was discovered in a hotel room, having suffered severe trauma to her head. Her jewelry was missing. Nathan died that afternoon. Police investigated three hotel employees who had prior criminal histories,…
Date: October 1, 2012
Docket Number: 10-5645
Justia Opinion Summary: Circle C contracted to construct buildings at the Fort Campbell military base. The agreement included determinations of hourly wages for electrical workers. Circle C has had government contracts for 20 years; its…
Date: September 28, 2012
Docket Number: 11-8081
Justia Opinion Summary: Debtor paid off a line of credit and a $28,000 loan from her parents and transferred her interest in the marital residence to her husband, Bruno. In a separation agreement, Debtor waived any claim to equity in the…
Date: September 27, 2012
Docket Number: 11-4040
Justia Opinion Summary: Boggio and wife, Sarah, resided in Texas. Boggio served military tours, and assigned Sarah power of attorney. They separated; Boggio left the state. Six months later Sarah purchased a car with financing through USAA.…
Date: September 26, 2012
Docket Number: 10-4115
Justia Opinion Summary: Cleveland sued financial institutions, alleging that by securitizing subprime mortgages and foreclosing on houses, defendants allegedly contributed to declines in property values, shrinking tax base, and increased…
Date: September 25, 2012
Docket Number: 10-2672
Justia Opinion Summary: In 2001, Bridges was convicted of misdemeanor domestic violence; the court did not impose a term of incarceration, but sentenced him to one year of probation. In 2010, Bridges was indicted for possessing a firearm after…
Date: September 25, 2012
Docket Number: 11-5518
Justia Opinion Summary: Clay was appointed as public records coordinator for the City of Memphis. The volume of public-record requests increased substantially during an FBI investigation into awards of city contracts. Clay claims that her…
Date: September 24, 2012
Docket Number: 11-1758
Justia Opinion Summary: In 2008 the Michigan Supreme Court held that the Detroit International Bridge Company was immune from the City of Detroit’s zoning ordinances because it was a federal instrumentality for the limited purpose of…
Date: September 19, 2012
Docket Number: 09-3389
Justia Opinion Summary: In 1997, 19-year-old Franklin beat his grandmother, grandfather, and uncle, set the house on fire and left them to die of blunt-force injuries or smoke inhalation. Franklin fled the scene in his grandfather’s car, taking…
Date: September 19, 2012
Docket Number: 10-2531
Justia Opinion Summary: Lesley and Fogg presented the Benistar 419 Plan to the Ouwingas, their accountant, and their attorney, providing a legal opinion that contributions were tax-deductible and that the Ouwingas could take money out tax-free.…
Date: September 19, 2012
Docket Number: 10-5912
Justia Opinion Summary: In 2001, Castleman pleaded guilty to misdemeanor domestic assault (TN Code 39-13-111(b) under an indictment that asserted that he “did intentionally or knowingly cause bodily injury to [the mother of his child].” Seven…
Date: September 19, 2012
Docket Number: 11-1134
Justia Opinion Summary: Otteren was driving behind his travel companion, Daggett, when Daggett made an illegal U-turn. As Otteren repeated Daggett’s U-turn, his vehicle cut off a motorcycle being driven by Rupert, resulting in his death.…
Date: September 19, 2012
Docket Number: 11-1227
Justia Opinion Summary: In 2008, Michigan passed the MMMA, Comp. Laws 333.26421, to protect medical marijuana. Any “qualifying patient” who possesses a registry identification card is not “subject to arrest, prosecution, or penalty of any…
Date: September 19, 2012
Docket Number: 11-3163
Justia Opinion Summary: The Companies manufacture and distribute high-speed cigarette rolling machines that retailers offer to customers who want to roll their own roll cigarettes. Treasury and the Bureau are charged with enforcing the excise…
Date: September 17, 2012
Docket Number: 11-1793
Justia Opinion Summary: A collective bargaining agreement governs the relationship between Acument and its retired employees. Prior to 2008, the company paid healthcare and life-insurance benefits to qualified retirees. When Acument ended these…
Date: September 17, 2012
Docket Number: 11-4145
Justia Opinion Summary: Goodyear announced in 2003 that it would restate its earnings for some prior years. The next day, shareholders filed class-action lawsuits against Goodyear and several of its officers and directors. The SEC also…
Date: September 14, 2012
Docket Number: 11-3677
Justia Opinion Summary: When AFC filed for bankruptcy in 2009, the FDIC was appointed receiver for AFC’s subsidiary, AmTrust and sought payment from AFC under 11 U.S.C. 365(o), which requires that a party seeking Chapter-11 bankruptcy fulfill…
Date: September 14, 2012
Docket Number: 12-3998
Justia Opinion Summary: Jolivette served as a Republican State Legislator and Butler County Commissioner, 1997-2010; he also served on the Butler County Republican Party’s Central Committee. In November 2011, Jolivette filed a Declaration of…
Date: September 13, 2012
Docket Number: 09-6171
Justia Opinion Summary: In 1981, Standifer, a 23-year-old woman with diffused brain damage and mild retardation, was murdered in Knoxville, at the home of Thomas, where Miller was staying. Standifer had gone to the house, by cab, with Miller.…
Date: September 13, 2012
Docket Number: 10-2355
Justia Opinion Summary: LE, creator of the “5-hour ENERGY” energy shot, asserted that N.V.E., creator of the “6 Hour POWER” energy shot, infringed its trademark, under the Lanham Act. 15 U.S.C. 125(a). LE distributed a “recall notice” stating…
Date: September 13, 2012
Docket Number: 10-3273
Justia Opinion Summary: In 2007, Anderson discharged a gun during an altercation at a bar. Cincinnati police spotted Anderson’s vehicle, and pulled him over. After the officers commanded him to turn off his vehicle, Anderson sped off, lost…
Date: September 13, 2012
Docket Number: 10-6028
Justia Opinion Summary: Back was born in 1954 and began working at the food processing plant in 1998. Sometime before April 6, 2005, Hagerman, another Maintenance Team Leader, told Back that someone in human resources had told him that the…
Date: September 13, 2012
Docket Number: 11-1359
Justia Opinion Summary: In a 2009 opinion, the Sixth Circuit held that, in a 1998 collective bargaining agreement, CNH agreed to provide health-care benefits to retirees and their spouses for life, but rejected the suggestion that the scope of…
Date: September 13, 2012
Docket Number: 11-1582
Justia Opinion Summary: GTI went bankrupt after it purchased OAI, a subsidiary of Onkyo for $13 million in cash and $12 million in three-year promissory notes. Onkyo filed a proof of claim for $12 million. GTI responded by suing Onkyo under the…
Date: September 13, 2012
Docket Number: 11-1751
Justia Opinion Summary: In 2000 an “incident” occurred on the ice of a professional hockey game in Switzerland between Miller and McKim. McKim was injured. Swiss courts filed criminal charges against Miller. McKim’s insurer and hockey club…
Date: September 13, 2012
Docket Number: 12-8006
Justia Opinion Summary: Plaintiffs delivered artifacts from a famous shipwreck to Debtor for display and, according to Debtor, sale in Debtor’s jewelry store. The store went out of business. When Debtor returned the artifacts, an emerald…
Date: September 12, 2012
Docket Number: 10-4419
Justia Opinion Summary: In 1998, Harchars filed a Chapter 13 petition. The government was a creditor because of a tax arrearage. A reorganization plan was confirmed, requiring that they pay in full priority tax claims and pay five cents on the…
Date: September 12, 2012
Docket Number: 11-1296
Justia Opinion Summary: Defendants, involved in a large-scale drug operation, 1991-1999, were convicted of conspiracy to distribute and possess with the intent to distribute cocaine base, 21 U.S.C. 841(a)(1) and 846. Presentence Investigation…
Date: September 12, 2012
Docket Number: 11-5917
Justia Opinion Summary: The Sheriff’s Office for Boyle County received an arrest warrant and emergency protective order for King, who had allegedly entered his ex-wife’s property, pointed a gun at her face, and said “I’m going to kill someone…
Date: September 11, 2012
Docket Number: 09-3360
Justia Opinion Summary: In 1997, Hanna was an Ohio state inmate, 19 years into a life sentence for murder and aggravated murder when he attacked his new cellmate, Copas, in his sleep. Copas died from his injuries several days later. Although…
Date: September 11, 2012
Docket Number: 09-5979
Justia Opinion Summary: Nixon worked at a law office, doing clerical and bookkeeping work. While the attorney was out of the office for medical reasons, his bank informed him that he was delinquent in paying back his line of credit. An…
Date: September 11, 2012
Docket Number: 10-2010
Justia Opinion Summary: Innotext represents automotive manufacturers. Stafford is its vice president. Petra is a sales, service, and support company that represents three offshore companies. In the 1990s, automakers outsourced work overseas to…
Date: September 11, 2012
Docket Number: 10-2480
Justia Opinion Summary: TMTA obtained a policy, known as the CrimeShield Policy to transfer the risk of employee theft from the TMTA to Hartford. Almost immediately after the parties signed the Policy a TMTA employee began diverting funds into…
Date: September 11, 2012
Docket Number: 10-3634
Justia Opinion Summary: GenCorp owned a vinyl-manufacturing facility, including hazardous waste management units (RCRA units), which reclaimed solvent waste. Under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901, GenCorp was…
Date: September 11, 2012
Docket Number: 11-1071
Justia Opinion Summary: Gassman and Wottrich went to the Hensley residenceto repossess a car. They requested police presence because Hensley’s conduct during a previous repossession resulted in an assault charge against Hensley. The deputies…
Date: September 11, 2012
Docket Number: 11-3926
Justia Opinion Summary: Adams worked in coal mines for 17 years, leaving A & E Coal in 1988, after 12 years, because he was having difficulty breathing. He has not worked since. Adams also smoked cigarettes for about 25 years, averaging a pack…
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