2012 Sixth Circuit US Court of Appeals Case Law
Opinions 501 - 1000 of 2013
Date: September 10, 2012
Docket Number: 10-4531
Justia Opinion Summary: Customers who rent rooms from the online travel companies pay those companies a higher “retail” rate; the online travel companies pay the hotels an agreed-upon “wholesale” rate, plus any taxes applicable to the…
Date: September 10, 2012
Docket Number: 10-5811
Justia Opinion Summary: cott was taken into custody near the scene of a robbery, given an oral Miranda warning, and given a written notice. He wrote “no” in response to the written question “Having these rights in mind, do you wish to talk to…
Date: September 10, 2012
Docket Number: 11-3162
Justia Opinion Summary: Cleveland is serving a term of life imprisonment for the 1991 murder of Marsha Blakely. On January 21, 2010, Cleveland filed a habeas petition asserting: actually innocence; that the state presented testimony that it…
Date: September 10, 2012
Docket Number: 11-3549
Date: September 10, 2012
Docket Number: 11-3614
Justia Opinion Summary: McCormick was pursuing a graduate degree in psychology at Miami University in Ohio when she was diagnosed with several illnesses that slowed her progress in her graduate studies. After the faculty voted against promoting…
Date: September 10, 2012
Docket Number: 11-6306
Date: September 7, 2012
Docket Number: 09-4000
Date: September 7, 2012
Docket Number: 10-1563
Justia Opinion Summary: An involuntary Chapter 11 bankruptcy petition was filed against Quality Stores, which eventually closed operations and terminated all employees. Under the Pre-Petition Plan, severance pay was based on job grade. Payments…
Date: September 7, 2012
Docket Number: 10-4457
Date: September 7, 2012
Docket Number: 10-4458
Date: September 7, 2012
Docket Number: 10-4494
Date: September 7, 2012
Docket Number: 10-4497
Date: September 7, 2012
Docket Number: 11-2304
Justia Opinion Summary: Ulman filed her claim for benefits in 2006, alleging that her disability began in 2002. As found by the ALJ, her insured status expired on December 31, 2003. To be eligible for benefits, her disability must have begun on…
Date: September 7, 2012
Docket Number: 11-5396
Justia Opinion Summary: Semrau, a Ph.D. in clinical psychology, owned companies that provided psychiatric care to nursing home patients in Tennessee and Mississippi, using contracting psychiatrists who submitted records describing their work.…
Date: September 6, 2012
Docket Number: 06-4238
Justia Opinion Summary: In 1992 an Ohio jury convicted Carter of murdering a store clerk while robbing a convenience store and recommended that the court impose a sentence of death. Although Carter admitted that he entered the store with the…
Date: September 6, 2012
Docket Number: 09-4376
Justia Opinion Summary: In 2003, Jamieson was convicted of conspiracy to defraud insurance companies and investors, 18 U.S.C. 371; promotion money laundering and aiding and abetting, 18 U.S.C. 1956(a)(1)(A)(i) and 2; international money…
Date: September 6, 2012
Docket Number: 10-3365
Date: September 6, 2012
Docket Number: 10-3739
Justia Opinion Summary: Leyse received a prerecorded telemarketing call from a radio station. He sued, alleging violation of the Telephone Consumer Protection Act of 1991, 105 Stat. 2394, which prohibits certain prerecorded telemarketing calls.…
Date: September 6, 2012
Docket Number: 11-1073
Justia Opinion Summary: DEA agents and police conducted narcotics raids at two homes occupied by members of the Marcilis family. The occupants filed a civil rights action under 42 U.S.C. 1983 alleging that: the agents and officers engaged in…
Date: September 6, 2012
Docket Number: 11-2373
Justia Opinion Summary: Genentech manufactured and sold the psoriasis medication Raptiva, approved by the FDA in 2003. Raptiva works by suppressing T-cells ; because T-cells help fight infections, suppression has the potential to cause…
Date: September 6, 2012
Docket Number: 11-5932
Justia Opinion Summary: McAllister, a former FBI agent, was charged with making material misrepresentations on loan documents to obtain real estate loans for rental properties, and making material misrepresentations on official documents during…
Date: September 5, 2012
Docket Number: 10-4139
Justia Opinion Summary: Federal officers applied for a warrant to search the offices of Fair Finance in Akron, as part of an investigation into its owner, Durham, who was suspected of employing the company to engage in a Ponzi scheme. A…
Date: September 5, 2012
Docket Number: 10-4471
Justia Opinion Summary: In 2002, EJS wanted to build a charter school at a commercial site in Toledo. The site needed to be re-zoned. After initially supporting rezoning, McCloskey, the region’s city council representative, changed his mind.…
Date: September 5, 2012
Docket Number: 11-1175
Justia Opinion Summary: Park sells art from its gallery, online, by catalog, and by phone, and conducts auctions in different cities and on cruise ships. Franks, CEO of Global Fine Art Registry, published online articles alleging that Park…
Date: September 5, 2012
Docket Number: 11-3012
Justia Opinion Summary: Former Fifth Third employees participated in a defined contribution retirement plan with Fifth Third as trustee. Participants make voluntary contributions and direct the Plan to purchase investments for their individual…
Date: September 5, 2012
Docket Number: 11-3612
Justia Opinion Summary: Cooper, Brown’s former son-in-law, was one of several co-defendants charged with conspiracy to violate federal drug laws. He allegedly stored proceeds of this criminal activity in a safe at Brown’s residence. After…
Date: September 5, 2012
Docket Number: 11-5018
Justia Opinion Summary: Policyholders claimed that their insurers incorrectly taxed their premiums as a result of the insurers’ failure to correctly identify the taxing jurisdiction in which the insured risks of each policyholder were located.…
Date: August 31, 2012
Docket Number: 11-3143
Justia Opinion Summary: Benton, a pre-trial detainee was hospitalized for seizures. Benton resisted return to jail. Officers used double handcuffs, shackles, and a belly chain. Gray and others escorted Benton to the jail’s Medical Unit. Benton…
Date: August 31, 2012
Docket Number: 11-3305
Justia Opinion Summary: Goldberg, a medical malpractice attorney, appeared before Judge Maloney in several cases. Following complaints that Goldberg concealed assets and retained unearned fees, Maloney ordered Goldberg to pay the estates…
Date: August 31, 2012
Docket Number: 11-3740
Justia Opinion Summary: Barbara, an analyst at the Cleveland Clinic, and Anthony, a stay-at-home father for two-year-old triplets and ten-year-old, filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code, 11 U.S.C. 701. On…
Date: August 30, 2012
Docket Number: 11-1988
Justia Opinion Summary: In 2003, Berrington began working for Wal-Mart; he took several approved leaves of absence. In February 2007, Berrington began a leave that was approved through April, 2007. Berrington, did not return to work after April…
Date: August 30, 2012
Docket Number: 11-3035
Date: August 30, 2012
Docket Number: 11-3036
Justia Opinion Summary: In 2006, the Northeast Ohio Coalition for the Homeless and Service Employees International Union, Local 1199 sued Blackwell, then Ohio Secretary of State, challenging provisions of Ohio’s 2006 Voter ID law under 42…
Date: August 30, 2012
Docket Number: 11-3037
Date: August 30, 2012
Docket Number: 11-3795
Justia Opinion Summary: In 2007, Fifth Third loaned Buford $406,000 in exchange for a mortgage on property that Buford purportedly owned. Fifth Third obtained a title-insurance policy from Direct Title, an issuing agent for Chicago Title.…
Date: August 30, 2012
Docket Number: 11-5963
Justia Opinion Summary: Tennessee law allows individuals with gun permits to carry handguns in public places owned or operated by the state (Tenn. Code 39-17-1311(b)(1)(H)) and defines a “handgun” as “any firearm with a barrel length of less…
Date: August 29, 2012
Docket Number: 09-6287
Justia Opinion Summary: Lexmark manufactures printers and toner cartridges. Remanufacturers acquire used Lexmark cartridges, refill them, and sell them at a lower cost. Lexmark developed microchips for the cartridges and the printers so that…
Date: August 29, 2012
Docket Number: 09-6288
Date: August 29, 2012
Docket Number: 09-6449
Date: August 29, 2012
Docket Number: 11-1656
Justia Opinion Summary: Adkins, a state prisoner, sued corrections officer Wolever under 42 U.S.C. 1983, alleging that Wolever assaulted Adkins by yanking his hands through a slot in the cell door before removing his handcuffs. Before Adkins…
Date: August 29, 2012
Docket Number: 11-3494
Justia Opinion Summary: Tingle alleged that she was disciplined and ultimately terminated from employment by the nursing home, in retaliation for speaking with investigators from the Ohio Department of Health following the death of a nursing…
Date: August 28, 2012
Docket Number: 10-2183
Justia Opinion Summary: Werth was charged with robbing a convenience store. Before he pleaded guilty to breaking and entering with the intent to commit larceny and to possession of burglar’s tools, Werth attempted at least seven times to assert…
Date: August 28, 2012
Docket Number: 11-3424
Justia Opinion Summary: Hughes died after hanging himself from his bed in the Butler County Prison, where he was incarcerated on charges of robbery, contributing to the delinquency of a minor, and abuse of the drugs cocaine and Concerta. Hughes…
Date: August 27, 2012
Docket Number: 11-1281
Justia Opinion Summary: Seven times, Coles secured firearms in the U.S. and directed co-conspirators to deliver the firearms to purchasers in Canada. For the eighth sale, Coles arranged to deliver, in person on the U.S. side of the border,…
Date: August 27, 2012
Docket Number: 11-5722
Justia Opinion Summary: Tangled in a prolonged legal dispute over visitation rights to see his daughter, Jeffries wrote a song, “Daughter’s Love,” which contains passages about relationships between fathers and daughters, but also includes…
Date: August 24, 2012
Docket Number: 11-4168
Justia Opinion Summary: Patrizi, an attorney, was at Bounce nightclub in Cleveland with her friend Baron, Baron’s brother, and his girlfriend, Mills. Officers Huff and Connole arrived in the early morning hours in response to a reported…
Date: August 24, 2012
Docket Number: 12-3425
Justia Opinion Summary: Smith filed a numerically second petition for habeas corpus that he claims is not “second or successive” within the meaning of 28 U.S.C. 2244(b) because the claims included in the petition are newly ripe. The district…
Date: August 23, 2012
Docket Number: 09-4344
Justia Opinion Summary: After September 11, 2001, the FBI assigned informant Griffin to embed himself in the Toledo Muslim community. Griffin enrolled in mosque classes and obtained employment with a Muslim charity. Griffin met El-Hindi, who…
Date: August 23, 2012
Docket Number: 09-5139
Justia Opinion Summary: Plaintiffs are retirees who received benefits under Commonwealth Industries’ pension plan. They allege that the Plan underpaid them, in violation of the Employee Retirement Income Security Act, 29 U.S.C. 1132(a)(1)(B),…
Date: August 23, 2012
Docket Number: 10-4576
Justia Opinion Summary: In February 2005, hackers used the wireless network at a DSW store for unauthorized access to plaintiffs’ main computer system and downloaded credit card and checking account information for more than 1.4 million…
Date: August 23, 2012
Docket Number: 11-3648
Justia Opinion Summary: Hagans, a middle-aged man under the influence of crack cocaine, became paranoid and went into a rage in his yard. He refused to allow police to subdue him. Officer, Ratcliff applied his taser in drive-stun mode, directly…
Date: August 23, 2012
Docket Number: 11-6048
Justia Opinion Summary: Since at least 1995, Community Trust Bancorp, Inc. (plaintiff) has used the mark “COMMUNITY TRUST” to promote its services; it included this mark on its website since 1998. Defendants, Community Trust Financial…
Date: August 22, 2012
Docket Number: 10-2173
Justia Opinion Summary: Plaintiffs are retired unionized employees of defendant and were covered by collective bargaining agreements that addressed healthcare benefits. The parties contest whether the CBAs guaranteed employees and their spouses…
Date: August 22, 2012
Docket Number: 10-2348
Justia Opinion Summary: In 2003, Kroll began working for WLAA as an Emergency Medical Technician and was considered to be “good employee” by her direct supervisor, Binns. After Kroll became romantically involved with a co-worker, the office…
Date: August 21, 2012
Docket Number: 11-1568
Justia Opinion Summary: T-Mobile proposed to build a cellular tower in an area of West Bloomfield Township, Michigan, that had a coverage gap. After deciding that sites in the township zoning ordinance’s cellular tower overlay zones were…
Date: August 20, 2012
Docket Number: 10-2354
Justia Opinion Summary: Frankenmuth, “Michigan’s Little Bavaria,” is a tourist destination, famous for Bavarian-themed stores, family-style restaurants, and the world’s largest year-round Christmas store. Plaintiffs own a 37-acre tract just…
Date: August 20, 2012
Docket Number: 10-3659
Justia Opinion Summary: While Daugherty worked as a manager in the city’s Department of Public Utilities from January 2006 to March 2007, he complained that he was underpaid and that he was paid less than white managers. His annual salary was…
Date: August 20, 2012
Docket Number: 11-1340
Justia Opinion Summary: In 2009, the debtor filed a voluntary Chapter 7 bankruptcy petition. Michigan law permits debtors in bankruptcy to choose exemptions from: 11 U.S.C. 522(d); a set of general exemptions available to all Michigan residents…
Date: August 20, 2012
Docket Number: 11-3126
Justia Opinion Summary: Four plaintiffs each established an employee benefit plan under the Employee Retirement Income Security Act funded by a combination of employer contributions and covered employee payroll deductions; each entered into a…
Date: August 20, 2012
Docket Number: 11-3640
Date: August 20, 2012
Docket Number: 11-5348
Justia Opinion Summary: Wooten approached a bank teller, placed his hands on the counter, and twice quietly stated, “I am going to rob you.” When the teller was slow to respond, Wooten finally said, “I have a gun. Give me your money.” The…
Date: August 17, 2012
Docket Number: 10-3862
Justia Opinion Summary: McClain pled guilty to three counts of cocaine distribution, 21 U.S.C. 841(a)(1), (b)(1)(A), and (b)(1)(B) and entered into a plea agreement agreeing to be responsible for at least 150 but not more than 500 grams of…
Date: August 17, 2012
Docket Number: 10-4076
Justia Opinion Summary: Watkins, an African-American, worked for the school district, overseeing security systems. Fultz supervised Watkins and, relying on Watkins’s advice, Fultz awarded Vision a $182,000 annual contract for service of…
Date: August 16, 2012
Docket Number: 11-3445
Justia Opinion Summary: The “Hot News Babes” feature of Hustler magazine invites readers to nominate young, attractive female news reporters for a monthly prize. In 2003, Bosley, a 37-year-old news anchor, entered a “wet t-shirt” contest at a…
Date: August 16, 2012
Docket Number: 11-3484
Justia Opinion Summary: Plaintiffs are wholesalers of beer and wine; each acted as the exclusive distributor of Miller and/or Coors brands within a defined territory under written franchise agreements. In 2007, Miller and Coors entered a Joint…
Date: August 15, 2012
Docket Number: 10-4529
Justia Opinion Summary: Based on acts of arson committed to collect insurance proceeds, Bazazpour was convicted of six counts of a 21-count indictment against multiple defendants. He appealed his 240-month prison sentence and claimed that the…
Date: August 15, 2012
Docket Number: 11-1413
Justia Opinion Summary: The Indian Gaming Regulatory Act allows “Class III gaming activities” (casino gaming) on Indian lands (25 U.S.C. 2710(d)) if the tribe adopts a gaming ordinance approved by the National Indian Gaming Commission and…
Date: August 15, 2012
Docket Number: 11-3921
Date: August 14, 2012
Docket Number: 09-6497
Justia Opinion Summary: After a participant in West’s operation was stopped carrying $362,000 to a marijuana supplier, DEA authorities learned that Apodaca would send marijuana from Mexico to Tennessee via couriers, using pay-as-you-go cell…
Date: August 14, 2012
Docket Number: 11-3398
Justia Opinion Summary: Gray a roof bolter employed in a mine, filed a complaint of employment discrimination with the Secretary of Labor pursuant to the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 - 965 alleging that his…
Date: August 13, 2012
Docket Number: 10-3777
Justia Opinion Summary: A Stonefire loan officer, contacted the Lees and convinced them that they could refinance and lower their mortgage payment, get rid of private mortgage insurance, and consolidate credit card debt. They signed papers that…
Date: August 13, 2012
Docket Number: 11-5194
Justia Opinion Summary: Convicted of conspiring to distribute or conspiring to possess with the intent to distribute oxycodone, 21 U.S.C. 846 and 841(a)(1), and attempting to possess oxycodone with the intent to distribute, 21 U.S.C. 846,…
Date: August 10, 2012
Docket Number: 10-6382
Justia Opinion Summary: Watson’s father, Hickle, worked for the Department of Energy, 1954 to 1962. Hickle died of Hodgkin’s disease in 1964. Congress enacted the Energy Employees Occupational Illness Compensation Program Act in 2000 to…
Date: August 10, 2012
Docket Number: 11-1167
Justia Opinion Summary: Polar Holding was sole shareholder of PMC, a company engaged in the petroleum-additive business. PMC was in default on a loan for which it had pledged valuable intellectual property as collateral, and Polar Holding was…
Date: August 9, 2012
Docket Number: 11-3044
Justia Opinion Summary: Plaintiffs, Lewis, Ross and Jennings, were limited guarantors of loans owed by River City, which filed for bankruptcy. Defendant acquired the original lender’s position and reported to credit reporting agencies that the…
Date: August 8, 2012
Docket Number: 10-2133
Justia Opinion Summary: Ondricko had been working in the gaming industry since 1994 and began working for MGM in 2003. MGM promoted Ondricko to floor supervisor in 2005. As a floor supervisor, she was responsible for supervising dealers at as…
Date: August 8, 2012
Docket Number: 10-4057
Justia Opinion Summary: Rosebrough was born without a left hand. After she expressed interest in a job as a school bus driver, the supervisor informed her that a waiver is required from the Ohio Department of Education before an individual who…
Date: August 8, 2012
Docket Number: 11-2319
Justia Opinion Summary: Officers attempted to stop Austin, an African-American, for speeding through a construction zone. Austin fled and a high-speed chase ensued. When Austin’s car was blocked in a dead-end, he exited his vehicle and…
Date: August 8, 2012
Docket Number: 11-3500
Justia Opinion Summary: Banks worked as a coal miner for 17 years and smoked about one pack of cigarettes per day for 38 years. His employment ended in 1991. After two unsuccessful attempts, in 2003, Banks filed a claim for benefits under the…
Date: August 7, 2012
Docket Number: 09-4348
Justia Opinion Summary: Summit’s natural gas sweetening plant in Michigan makes gas usable by removing hydrogen sulfide. Summit owns all of the production wells and subsurface pipelines that connect wells to the plant. The wells are located…
Date: August 7, 2012
Docket Number: 09-5828
Justia Opinion Summary: Morgan and his wife were in the bedroom, apparently smoking crack with others. Earlier in the day, a drug dealer had threatened to kill Morgan. Morgan’s friend, similarly threatened, had been attacked. Officers, arriving…
Date: August 7, 2012
Docket Number: 10-1699
Justia Opinion Summary: Williams pleaded guilty to a charge of conspiring to possess with intent to distribute, and conspiring to distribute, 50 grams or more of cocaine base, 21 U.S.C. 846, 841(a)(1), and 841(b)(1)(A). As part of his plea…
Date: August 7, 2012
Docket Number: 11-3958
Justia Opinion Summary: In 1991, petitioner, a Mexican national, falsely told a border inspector that he was a U.S. citizen. He pled guilty to violating 8 U.S.C. 1325, then returned to Mexico. In 1993 petitioner failed to disclose that same…
Date: August 7, 2012
Docket Number: 11-5505
Justia Opinion Summary: Morales and codefendants were indicted on 40 counts relating to conspiracy to fraudulently purchase and export firearms to Guatemala. Morales misrepresented on statutorily required purchase forms, (Form 4473), that he…
Date: August 6, 2012
Docket Number: 10-2305
Justia Opinion Summary: Branham began teaching in 1983 and was a tenured law professor. She sometimes suffered from seizures. She had a 12-month teaching contract for 2006. For the spring semester she was assigned to teach constitutional law…
Date: August 6, 2012
Docket Number: 11-3700
Justia Opinion Summary: In August 2008 Ellington accepted the position of Deputy Clerk of the City Council of East Cleveland. The City Council wanted him, but then-Mayor, Brewer, stood in the way. After resolution of an approximately…
Date: August 3, 2012
Docket Number: 10-2549
Justia Opinion Summary: Since 1979 ADT recognized Local 131 as the exclusive representative of a unit of service employees, defined as “all full-time and regular part-time servicemen employed by [ADT] at its Kalamazoo, Michigan facility; but…
Date: August 3, 2012
Docket Number: 11-3505
Justia Opinion Summary: Judge DeWeese sentenced Griffeth to prison for sexual battery and later oversaw his supervised release. Mayer supervised the agency responsible for monitoring Griffeth and suspected that his wife, Leech, was having an…
Date: August 3, 2012
Docket Number: 11-3908
Justia Opinion Summary: State Attorney-General and county-prosecutor candidates may not accept campaign contributions from Medicaid providers or any person with an ownership interest in a Medicaid provider, Ohio Rev. Code 3599.45. The plaintiff…
Date: August 3, 2012
Docket Number: 11-6165
Justia Opinion Summary: Byrd drove Woods to a bank. Woods entered, grabbed $2,150 from teller drawers, and returned to the car. A witness followed to an apartment complex, where they got into a car driven by Byrd’s half-brother, Jalil. Police…
Date: August 3, 2012
Docket Number: 11-6252
Justia Opinion Summary: Ronske’s widow sued Heil after a dump truck body it manufactured caused Ronske’s death. Heil held a commercial general liability policy. Evanston insured the first $1 million loss in excess of $500,000 self-insured…
Date: August 2, 2012
Docket Number: 10-2273
Justia Opinion Summary: Plaintiffs, members of a religious group that believes that homosexuality is forbidden by God, attempted to challenge the constitutionality of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, 18 U.S.C.…
Date: August 2, 2012
Docket Number: 10-4025
Justia Opinion Summary: Welch took genuine $5 notes, cooked them in a microwave, scrubbed the ink off with bleach, and used a copier to counterfeit $50 and $100 notes on the paper. Although counterfeit notes were passed in Ohio, Welch was…
Date: August 1, 2012
Docket Numbers: 10-3943, 10-3944
Justia Opinion Summary: This insurance coverage dispute arose from a policy designed to protect financial institutions from losses caused by dishonest employees. Trying to recover nearly one million dollars stolen by an employee from client…
Date: August 1, 2012
Docket Numbers: 10-3944, 10-3943
Justia Opinion Summary: This insurance coverage dispute arose from a policy designed to protect financial institutions from losses caused by dishonest employees. Trying to recover nearly one million dollars stolen by an employee from client…
Date: August 1, 2012
Docket Number: 11-1612
Justia Opinion Summary: After a private citizen placed a creche on a sixty-foot-wide median at Christmas time. Macomb County ordered the creche removed. The Thomas More Law Center applied for a formal permit to display the creche. The County…
Date: July 31, 2012
Docket Number: 10-5105
Justia Opinion Summary: In 2005 Jones pleaded guilty to one count of being a felon in possession of a firearm, 18 U.S.C. 922(g)(1) and 924(e)(1). He was classified as an armed career criminal based on three prior felony convictions and…
Date: July 31, 2012
Docket Number: 11-3920
Justia Opinion Summary: Abdallahi entered the U.S. lawfully in 2000 as a visitor, remained longer than permitted, and applied for asylum, withholding of removal, and protection under the Convention Against Torture. Those claims were withdrawn…
Date: July 27, 2012
Docket Number: 10-6127
Justia Opinion Summary: After Sharp was arrested on an unrelated warrant, police seized 154 grams of methamphetamine, 10.5 grams of marijuana and drug paraphernalia found inside a shaving kit on the seat of his car. When a police dog and his…
Date: July 27, 2012
Docket Number: 11-5515
Justia Opinion Summary: The Legislative Ethics Commission conducted a hearing regarding fund-raising by Kentucky Senate President Williams, which attorney Berry attended. Following an executive session from which the public, the media, and…
Date: July 25, 2012
Docket Number: 10-2402
Justia Opinion Summary: Defendant was stopped by state troopers at the request of DEA agents who were watching a site and monitoring wiretaps while investigation a narcotics/Medicare fraud operation. Troopers discovered large bundles of…
Date: July 25, 2012
Docket Number: 10-3440
Justia Opinion Summary: Plaintiffs sought to recover on behalf of themselves and similarly-situated employees and retirees of the City of Cincinnati the current value of the 870,021 shares of Anthem stock that the City received from Anthem’s…
Date: July 24, 2012
Docket Number: 08-3677
Justia Opinion Summary: Jackson was convicted by an Ohio jury of two murders committed in 2002. The court sentenced him to two separate death sentences. The Supreme Court of Ohio on direct appeal vacated the death sentence for one of the…
Date: July 24, 2012
Docket Number: 10-6013
Justia Opinion Summary: The Uniformed Services Employment and Reemployment Rights Act guarantees returning veterans reemployment with their former employers and prohibits employers from discriminating against veterans based on their military…
Date: July 24, 2012
Docket Number: 11-1034
Justia Opinion Summary: DiPonio Construction entered into a collective bargaining agreement with the Union, which it subsequently terminated according to the terms of the agreement. DiPonio refused to bargain for a new agreement and sought a…
Date: July 24, 2012
Docket Number: 11-5637
Justia Opinion Summary: Bruederle had a severe seizure two days after being booked into the Louisville Metro Corrections jail on assault charges that were eventually dropped. The seizure was likely caused by withdrawal from the many powerful…
Date: July 20, 2012
Docket Number: 10-2023
Justia Opinion Summary: Foster was convicted of second-degree murder in connection with a shooting death. After trial, the Michigan trial court conducted a Ginther hearing and concluded that Foster’s trial counsel was ineffective for failing to…
Date: July 20, 2012
Docket Number: 11-3517
Justia Opinion Summary: Emswiler sued his employer, CSX, a railroad, and the Brotherhood of Locomotive Engineers and Trainmen after his seniority on the roster of train engineers was adjusted. Emswiler alleged breach of collective bargaining…
Date: July 19, 2012
Docket Number: 11-3233
Justia Opinion Summary: Campbell pleaded guilty to conspiracy to commit wire and mail fraud, 18 U.S.C. 1341, 1343, by engaging in a mortgage-fraud scheme that violated 18 U.S.C. 371. As part of the plea agreement, Campbell partially waived the…
Date: July 17, 2012
Docket Number: 10-3545
Justia Opinion Summary: Plaintiffs sued behalf of themselves and all other purchasers of title insurance in Ohio from March 2004 through the present. They alleged that 22 title-insurance companies and the Ohio Title Insurance Rating Bureau…
Date: July 17, 2012
Docket Number: 10-3642
Justia Opinion Summary: Holmes, a confidential informant, telephoned a man he identified as Gill and arranged to buy cocaine at a specific location. Police were present with Holmes, but did not record the call. Holmes told officers that Gill…
Date: July 17, 2012
Docket Number: 10-5276
Justia Opinion Summary: Ogden began online communications with a girl who stated that she was 15; he said he was 25, lived in Pennsylvania, and was a cancer patient. She sent Ogden sexually explicit photos of herself. At Ogden’s request, she…
Date: July 16, 2012
Docket Number: 11-1878
Justia Opinion Summary: Following the death of Waeschle’s mother, the medical examiner performed an autopsy to determine the cause of her death. While the mother’s remains were returned to Waeschle, the medical examiner retained the brain for…
Date: July 13, 2012
Docket Number: 10-5306
Justia Opinion Summary: Chattman, an African American, worked as a shipping coordinator, and had been with the company for 20 years when Tullock, a Caucasian and then Human Resources Director, recommended that management terminate Chattman’s…
Date: July 12, 2012
Docket Number: 09-5352
Justia Opinion Summary: Woodall pled guilty to capital murder, capital kidnapping, and first degree rape in connection with the 1997 murder of a 16-year-old girl. After a penalty trial, the trial court adopted the recommendation of the jury and…
Date: July 12, 2012
Docket Number: 10-5242
Justia Opinion Summary: In 2001, a Tennessee jury convicted Rayner of five counts of rape of a child (his daughter) and five counts of aggravated sexual battery. He was sentenced to an effective term of 51 years: 21 years for each rape…
Date: July 11, 2012
Docket Number: 10-1487
Justia Opinion Summary: Defendant pled guilty to an act of juvenile delinquency, 18 U.S.C. 5032, for possession of heroin with intent to distribute. He was 16 years old when arrested. The district court found by a preponderance of the evidence…
Date: July 11, 2012
Docket Number: 10-5348
Justia Opinion Summary: The Sex Offender Registration and Notification Act (SORNA) requires a sex offender to “register, and keep the registration current, in each jurisdiction where the offender resides.” 42 U.S.C. 16913(a). After failing to…
Date: July 11, 2012
Docket Number: 11-3019
Justia Opinion Summary: Doe sued the Salvation Army and its warehouse supervisor, claiming employment discrimination under the Rehabilitation Act, 29 U.S.C. 794(a). The supervisor allegedly inappropriately asked him in an interview what kind of…
Date: July 11, 2012
Docket Number: 11-5488
Justia Opinion Summary: A woman, who had worked as an informant in the past, was arrested for solicitation or prostitution and agreed to cooperate as a confidential informant in a controlled buy of crack cocaine. After the controlled buy,…
Date: July 9, 2012
Docket Number: 10-5829
Justia Opinion Summary: Brinley operated an investment company; his investors were friends, neighbors, and family. He told them that the certificates of deposit were FDIC insured and that their principal was not at risk, and promised…
Date: July 6, 2012
Docket Number: 10-3426
Justia Opinion Summary: In 2001 Bunch, then age 16, committed robbery, kidnapping, and repeated rape of a 22-year-old female university student. He was sentenced to consecutive terms totaling 89 years. Ohio courts rejected appeals. The district…
Date: July 5, 2012
Docket Number: 10-2383
Date: July 5, 2012
Docket Number: 10-3376
Justia Opinion Summary: In 1957, Dominic opened an Italian restaurant, “Dominic’s.” It closed in 2007, but daughter-in-law, Anne, continues to market “Dominic’s Foods of Dayton.” In 2007, Christie, a granddaughter, contracted to operate a…
Date: July 5, 2012
Docket Number: 11-5233
Justia Opinion Summary: Sypher alleged that University of Louisville’s head basketball coach, Pitino raped her; Pitino testified that they had consensual sex. Sypher learned that she was pregnant and contacted Pitino. Sypher alleges that Pitino…
Date: July 3, 2012
Docket Number: 08-6245
Date: July 3, 2012
Docket Number: 10-2244
Justia Opinion Summary: Plaintiff challenged the constitutionality of MCL 169.252(1), which sets limits on individual campaign contributions per “election cycle,” and includes criminal penalties. Plaintiff attested that he wished to make…
Date: July 2, 2012
Docket Number: 11-5472
Justia Opinion Summary: Keys filed a class-action lawsuit against her former employer, alleging claims of race discrimination under the Civil Rights Act of 1991, 42 U.S.C. 1981, and Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e.…
Date: June 29, 2012
Docket Number: 10-1034
Justia Opinion Summary: Convicted of conspiracy to defraud the U.S. in a check cashing scheme, Vreeland was sentenced to imprisonment, supervised release, and restitution. While on supervised release, he committed a home invasion and larceny.…
Date: June 29, 2012
Docket Number: 10-2112
Justia Opinion Summary: In 1993, Lancaster, a former police officer with a long history of mental illness, shot his girlfriend and was charged by the state of Michigan with first-degree murder and with possession of a firearm in the commission…
Date: June 29, 2012
Docket Number: 10-4202
Date: June 29, 2012
Docket Number: 11-3818
Date: June 29, 2012
Docket Number: 11-5493
Justia Opinion Summary: Plaintiffs participated in UMC’s self-administered retirement contribution plans. UMC provided participants with a variety of investment choices. Plaintiffs elected to locate 100 percent of their investments in the…
Date: June 29, 2012
Docket Number: 11-8072
Justia Opinion Summary: The debtors are limited partnerships that own real estate on which they operate low-income housing. In their Chapter 11 cases, the bankruptcy court concluded that, for purposes of determining the value of the secured…
Date: June 28, 2012
Docket Number: 09-1539
Justia Opinion Summary: Three petitioners received separate jury trials in Kent County, Michigan in 2001 or 2002. At jury selection, the petitioners did not object to racial composition of their respective venires; they were subsequently…
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