2012 Sixth Circuit US Court of Appeals Case Law
Opinions 1001 - 1500 of 2013
Date: June 28, 2012
Docket Number: 11-5782
Justia Opinion Summary: Plaintiffs invested in oil-and-gas exploration companies and lost money when the companies’ wells produced little oil or gas. They sued the companies and their officers, claiming violations of state and federal law in…
Date: June 27, 2012
Docket Number: 07-1235
Justia Opinion Summary: Amos’s third wife died of a cocaine overdose while in a hotel room alone with Amos. He was convicted of first-degree premeditated murder and first-degree murder by poisoning and sentenced to two terms of life…
Date: June 26, 2012
Docket Number: 10-3354
Justia Opinion Summary: Lateef became a lawful permanent resident in 1991. Weeks later she returned to Pakistan to complete medical school. She returned to the U.S. in 1993. She married in Pakistan in 1995. Her daughter obtained LPR status as…
Date: June 26, 2012
Docket Number: 10-3694
Justia Opinion Summary: Washington Mutual foreclosed on property before receiving assignment and transfer of the promissory note and the delinquent home mortgage and before recording it. The homeowner brought a lawsuit for an allegedly false…
Date: June 26, 2012
Docket Number: 11-1183
Justia Opinion Summary: Access to the Ambassador Bridge between Detroit and Windsor, Ontario necessitated traversing city streets. The state contracted with the Company, which owns the Bridge, to construct new approaches from interstate roads.…
Date: June 22, 2012
Docket Number: 10-4381
Justia Opinion Summary: Having served as an expert witness and attorney in Ohio and federal courts, Boland possessed and created child pornography by combining benign images of identifiable children and pornographic images of adults and used…
Date: June 22, 2012
Docket Number: 11-1065
Justia Opinion Summary: Gecewicz began working for the hospital in 1998. She took Earned Time Off leave and leave under the Family and Medical Leave Act, 29 U.S.C. 2601, during her employment due to a number of surgical procedures. She was…
Date: June 22, 2012
Docket Number: 11-6094
Date: June 21, 2012
Docket Number: 10-6270
Justia Opinion Summary: In 1990, Pedicini purchased a LICOA supplemental cancer-insurance policy that provided for unlimited cash benefits, payable directly to Pedicini, equal to “usual and customary charges” for radiation or chemotherapy…
Date: June 21, 2012
Docket Number: 10-6551
Justia Opinion Summary: Deputy Dugle's police cruiser was struck by a Norfolk train as he left firearms training at the county range. Dugle spent 11 days in a coma, suffered broken bones, and incurred traumatic brain injury. The range is…
Date: June 21, 2012
Docket Number: 11-3530
Justia Opinion Summary: As one of the largest developers in Cincinnati, Erpenbeck defrauded buyers and banks out of nearly $34 million. Erpenbeck pled guilty to bank-fraud in 2003, received a 300-month sentence, and was ordered to forfeit…
Date: June 21, 2012
Docket Number: 11-5476
Date: June 20, 2012
Docket Number: 10-1208
Justia Opinion Summary: Plaintiff, an exotic dancer, challenged the nudity ordinances of Van Buren Township under 42 U.S.C. 1983. Plaintiff works for Garter Belt, an entity that operates a strip club and is currently enjoined from violating the…
Date: June 20, 2012
Docket Number: 10-2418
Justia Opinion Summary: The company services oil wells and hired Wasek as a derrick hand to work in the tower of an oil rig. It assigned Wasek to work on a four-man crew in Pennsylvania that included Ottobre, with whom he initially shared a…
Date: June 20, 2012
Docket Number: 10-4261
Justia Opinion Summary: Plaintiffs are the sole shareholder and Chairman of Miami Valley Bank and also own stock in a mortgage lender with which the bank had loan agreements. In 2007, the FDIC began investigating the loan agreements. State and…
Date: June 20, 2012
Docket Number: 10-5510
Justia Opinion Summary: Republic bought more than $50 million worth of residential-mortgage-backed securities from Bear Stearns. It did not read the relevant offering documents before investing. As the national economy crumbled in 2007 and…
Date: June 20, 2012
Docket Number: 11-1499
Justia Opinion Summary: The 119-bed nursing home has 43 charge nurses, represented by AFL-CIO Local 1548 since 2003, when the Regional Director found the charge nurses to be statutory employees and the Board denied review. The 45 certified…
Date: June 19, 2012
Docket Number: 10-1470
Justia Opinion Summary: Police received multiple 911 calls regarding Kevin’s threatening behavior. After verifying the threats, officers went to his father’s property, which was dark and surrounded by heavy woods. His father told officers that…
Date: June 19, 2012
Docket Number: 10-3588
Justia Opinion Summary: During a traffic stop for speeding, a dog deployed to the scene alerted to drugs. A search revealed cash and false drivers' licenses. Defendants were part of a conspiracy that created the licenses, using genuine identity…
Date: June 19, 2012
Docket Number: 10-5707
Justia Opinion Summary: In 2005, plaintiff’s car collided with a train owned by defendant. The train was stopped on the tracks in Louisville, Kentucky, blocking a crossing. Plaintiff never hit her brakes and slammed into the side of the red…
Date: June 19, 2012
Docket Number: 11-3688
Justia Opinion Summary: A BOLO alert issued for a suspect involved in a shooting, thought to be driving a black Tahoe with stripes and chrome wheels. An officer, familiar with the suspect, spotted a similar vehicle and performed a traffic stop…
Date: June 19, 2012
Docket Number: 11-3730
Justia Opinion Summary: Petitioner, a citizen of Mexico, entered the U.S. illegally in 1991. In 1997, he pleaded guilty to felony flight after attempting to elude a police officer who had signaled him to stop for speeding. As a first-time…
Date: June 15, 2012
Docket Number: 10-2075
Justia Opinion Summary: Cogswell purchased the vacant paper mill in a tax foreclosure sale for $70,000. The site has more than 20 buildings, covering 440,700 square feet. Evanston issued first-party property insurance with a building coverage…
Date: June 15, 2012
Docket Number: 11-3989
Date: June 15, 2012
Docket Number: 11-8042
Justia Opinion Summary: In the 1990s debtors owned a business that failed and incurred liabilities from unpaid taxes. They had a monthly payment obligation to the IRS. Husband obtained employment; 2003 to 2009, his yearly gross income was…
Date: June 14, 2012
Docket Number: 10-2071
Justia Opinion Summary: Principals of Cybercos defrauded lending institutions out of more than $100 million in loan. In 2002, Huntington granted Cyberco a multi-million-dollar line of credit, and Cyberco granted Huntington a continuing security…
Date: June 13, 2012
Docket Number: 10-4487
Justia Opinion Summary: Following a traffic stop for failing to dim her high beams in the face of oncoming traffic, Green was arrested for driving under the influence of drugs or alcohol, based on her responses to a series of field sobriety…
Date: June 13, 2012
Docket Number: 11-1333
Justia Opinion Summary: Hoover, a combat veteran who served in Iraq, alleged that police violated his rights by stopping his vehicle, prolonging the stop into an investigatory detention, transporting him to a police station and having him…
Date: June 13, 2012
Docket Number: 11-3656
Justia Opinion Summary: Mitchell was a partner in the Cleveland law firm from the early 1980s until 2006. There was no formal partnership agreement; each partner practiced in a different area of law, and each represented his clients with…
Date: June 12, 2012
Docket Number: 10-6454
Justia Opinion Summary: Collins was a passenger in a car stopped for speeding. The officer determined that there were no outstanding warrants on either occupant, that the car had been borrowed with permission, and that the driver’s license was…
Date: June 8, 2012
Docket Number: 10-5480
Justia Opinion Summary: Stokes owned 1Point, which managed employee-benefits plans and 401(k) retirement plans as a third-party administrator (TPA). Most were governed by the Employee Retirement Income Security Act, 29 U.S.C. 1002. TPAs…
Date: June 6, 2012
Docket Number: 09-1960
Justia Opinion Summary: Nali and O'Brien started a 10-year sexual relationship in 1992. O’Brien was married. Nali videotaped their sexual encounters without consent. O'Brien attempted to end the relationship; Nali threatened to give the…
Date: June 5, 2012
Docket Number: 10-2383
Justia Opinion Summary: Stryker, a manufacturer of medical devices, sued its umbrella insurer XL, seeking coverage for claims stemming from the implantation of expired artificial knees. The dispute concerned the precise "defect" that triggers…
Date: June 5, 2012
Docket Number: 10-2623
Justia Opinion Summary: Ferguson was found guilty in a bench trial of knowingly possessing 14 images of child pornography and sentenced to 10 years imprisonment, the mandatory minimum sentence under 18 U.S.C. 2252A(b)(2). The Sixth Circuit…
Date: June 5, 2012
Docket Number: 11-1174
Justia Opinion Summary: TIG issued a $25 million excess policy to Stryker, a manufacturer of medical devices. Coverage attached above the underlying (XL) umbrella policy, with a limit of $15 million. Stryker sued XL, seeking defense and…
Date: June 4, 2012
Docket Number: 11-1549
Date: June 1, 2012
Docket Number: 07-4326
Justia Opinion Summary: Petitioner was convicted of aggravated robbery, kidnapping, and felonious assault, each with a firearm specification, arising out of a 1997 apartment robbery that involved shotguns and two deaths. He was sentenced to…
Date: June 1, 2012
Docket Number: 09-5533
Justia Opinion Summary: In 1985, petitioner was convicted of distributing cocaine and sentenced to 15 years' imprisonment to be followed by a mandatory ten-year term of special parole, pursuant to 21 U.S.C. 841, repealed in 1984. In 2000, he…
Date: June 1, 2012
Docket Number: 10-3604
Justia Opinion Summary: Ohio individuals and businesses sued Duke Energy, alleging violation of the Robinson-Patman Act , 15 U.S.C. 13, Ohio's Pattern of Corrupt Activity Act, a civil RICO claim, 18 U.S.C. 1962(c), and common-law claims of…
Date: June 1, 2012
Docket Number: 11-1063
Justia Opinion Summary: Before the 2008 financial crisis, six AIG subsidiaries sold Sharia-compliant financing products. Sharia refers to Islamic law; an SCF product uses a portion of product reserves to fulfill the Islamic duty of charitable…
Date: June 1, 2012
Docket Number: 11-1253
Justia Opinion Summary: Plaintiff was arrested after police officers found her intoxicated, sitting in the driver’s seat of her running, but legally parked, Hummer. She was charged with operating a vehicle while intoxicated, but the state trial…
Date: June 1, 2012
Docket Number: 11-8065
Justia Opinion Summary: In 2007, Debtor purchased a manufactured home, borrowing the funds from Creditor and granting a security interest. Creditor filed an application for first title and a title lien statement in Whitley County, Kentucky. The…
Date: May 29, 2012
Docket Number: 10-2322
Justia Opinion Summary: Plaintiff-Appellant Buxton Craig Heyerman was imprisoned for more than seventeen years as a pretrial detainee after a state appellate court reversed his criminal conviction and remanded the matter to the trial court. He…
Date: May 25, 2012
Docket Number: 09-6381
Justia Opinion Summary: Defendant dismissed Lewis from her position as a registered nurse at one of the company's retirement homes. Lewis sued under the Americans with Disabilities Act, 42 U.S.C. 12112(a), in 2007, claiming that the company…
Date: May 25, 2012
Docket Number: 10-1416
Justia Opinion Summary: Defendant entered a guilty plea to two counts of receiving and selling stolen firearms, 18 U.S.C. 922(j) and 2(a). Although he claimed to have sold 16-17 guns, the presentence report attributed more than 200 firearms to…
Date: May 25, 2012
Docket Number: 10-3269
Justia Opinion Summary: Ohio enacted legislation under which it no longer will apply the "best available technology" standard to small emitters as part of its state implementation plan (SIP) for National Ambient Air Quality Standards for…
Date: May 25, 2012
Docket Number: 10-3784
Justia Opinion Summary: Marzetti, which markets five varieties of “New York Brand the Original Texas Toast” croutons, sued under 15 U.S.C. 1125(a) alleging infringement based on Roskam’s use of the mark “Texas Toast” on its packaged croutons.…
Date: May 25, 2012
Docket Number: 10-4163
Justia Opinion Summary: Plaintiffs sued on behalf of a class of similarly-situated participants and beneficiaries of the Keycorp 401(k) Savings Plan, under the Employee Retirement Income Security Act, 29 U.S.C. 1109, 1132, alleging that…
Date: May 25, 2012
Docket Number: 10-6085
Justia Opinion Summary: About four years after a driver, insured by State Farm, collided with Phelps’s car and caused a spine injury that required surgery, Phelps filed suit, alleging that State Farm violated Kentucky’s Unfair Claims Settlement…
Date: May 25, 2012
Docket Number: 11-1252
Justia Opinion Summary: Plaintiff began experiencing severe headaches and swelling in his left eye in 2007 while incarcerated. Shortly after his release, plaintiff was diagnosed with Ewing’s Sarcoma, a serious form of bone cancer. According to…
Date: May 25, 2012
Docket Number: 11-1614
Justia Opinion Summary: Defendant was convicted of the assault of another inmate. He retained trial counsel to pursue his appeal of right, but the attorney failed to timely file. He filed delayed application for leave to appeal in the Michigan…
Date: May 25, 2012
Docket Number: 11-6033
Justia Opinion Summary: Cybriwsky served as Turner's attorney to obtain social security disability benefits. The representation agreement relieved Turner of the obligation to pay if they did not win the case, but assigned to Cybriwsky any fees…
Date: May 25, 2012
Docket Number: 12-1198
Justia Opinion Summary: Jones, a Michigan inmate, filed suit under 42 U.S.C. 1983 against a prison doctor and nurses, alleging retaliation and deliberate indifference to his serious medical needs. The district court granted summary judgment to…
Date: May 23, 2012
Docket Number: 08-6116
Justia Opinion Summary: In 1978, 70-year-old Keegan was found dead on the floor of his store. Witnesses saw blood on Strouth’s hands and clothes; the medical examiner testified that the spots were consistent with his having cut Keegan’s throat;…
Date: May 23, 2012
Docket Number: 10-6468
Justia Opinion Summary: Plaintiffs sought damages for breach of contract and unjust enrichment. Hartmann counterclaimed for breach of contract. The parties unsuccessfully exchanged multiple settlement offers. Three days before an agreed-upon…
Date: May 22, 2012
Docket Number: 09-2469
Justia Opinion Summary: An inmate with the Michigan Department of Corrections sued several MDOC employees under 42 U.S.C. 1983 for violating his First Amendment rights when they transferred him from a Level II security facility to a Level III…
Date: May 22, 2012
Docket Number: 10-2488
Justia Opinion Summary: Petitioner was living with her uncle and his wife, when the uncle died. No autopsy was performed. The medical examiner determined that the cause of death was heart attack and the body was cremated. The death certificate…
Date: May 21, 2012
Docket Number: 09-6070
Justia Opinion Summary: In 2001, the Conservancy sold a 100.10 acre farm in Garrard County, Kentucky to the Sims for $60,084, in addition to a $244,939 charitable pledge from the Sims to the Conservancy. The property appraised at $260,400…
Date: May 21, 2012
Docket Number: 10-2509
Justia Opinion Summary: In 2010 defendant was arrested for driving under the influence and without a license. He admitted that he had reentered the U.S. without permission in 2007, having been removed to Mexico in 2003. The 2003 removal…
Date: May 21, 2012
Docket Number: 10-6279
Justia Opinion Summary: Investigating a methamphetamine trafficking conspiracy, officers conducted two controlled purchases of methamphetamine at defendant’s property. Within three days, they executed a search warrant on the property, which…
Date: May 21, 2012
Docket Number: 11-5335
Justia Opinion Summary: In 2004, plaintiff had arthroscopic surgery to treat pain and instability in his shoulder joint. The doctor implanted a pain-pump catheter and, over the next two days, a Stryker pain pump delivered a regular dose of a…
Date: May 18, 2012
Docket Number: 10-4191
Date: May 18, 2012
Docket Number: 11-5443
Justia Opinion Summary: Defendant pled guilty to being a felon in possession of a firearm under 18 U.S.C. 922(g). Because he had prior convictions, two for aggravated burglary and one for robbery committed at age 17, he was sentenced to the…
Date: May 17, 2012
Docket Number: 10-4530
Justia Opinion Summary: OneBeacon and AMICO were insurers of the B.F. Goodrich and, among others, were liable for environmental cleanup at the Goodrich plant in Calvert City, Kentucky. AMICO settled with Goodrich, but OneBeacon’s predecessor…
Date: May 17, 2012
Docket Number: 10-6352
Justia Opinion Summary: Wife serves in the U.S. Air Force and executed a military power of attorney designating husband as her attorney-in-fact during her deployment overseas. Husband presented a photocopy of this instrument to the Fayette…
Date: May 17, 2012
Docket Number: 11-5004
Justia Opinion Summary: Defendant entered a conditional plea of guilty to conspiracy to possess with intent to distribute cocaine, 21 U.S.C. 846 and appealed denial of his motion to suppress evidence obtained during a traffic stop. After the…
Date: May 16, 2012
Docket Number: 10-5421
Justia Opinion Summary: Herrera was hired by defendant, a construction company in 2003 and worked as a laborer until he was fired in 2008. The termination letter, referred to unsatisfactory attendance and incarceration following conviction.…
Date: May 15, 2012
Docket Number: 10-1569
Justia Opinion Summary: Aleo pled guilty to production of child pornography, 18 U.S.C. 2251(a), possession of child pornography, 18 U.S.C. 2252A(a)(5)(B), and transporting and shipping child pornography, 18 U.S.C. 2252A(a)(1). The offenses…
Date: May 15, 2012
Docket Number: 10-2506
Justia Opinion Summary: Plaintiffs, former city employees terminated after the city determined that they had tampered with their water meters, claimed that their Fourth Amendment rights were violated when city officials came to their homes to…
Date: May 15, 2012
Docket Number: 11-8035
Justia Opinion Summary: The Debtor filed a voluntary petition for relief under Chapter 7, listing no student loan debts. Notice of filing was sent to listed creditors. Weeks later, Debtor filed an amended Schedule F which listing a creditor…
Date: May 14, 2012
Docket Number: 10-1757
Justia Opinion Summary: Decedent died when a 28-ton beam struck an overpass, fell off of the trailer transporting it, and crushed the cab of his truck, which was on the highway behind the trailer. The district court granted motions for summary…
Date: May 11, 2012
Docket Number: 10-2586
Justia Opinion Summary: Mosholder, a corrections school officer since 2001, patrolled the school and, as necessary, disciplined inmates. In 2005, the facility began housing youthful offenders. Mosholder believed that these offenders were…
Date: May 10, 2012
Docket Number: 10-2243
Justia Opinion Summary: Plaintiff, born in 1946 in Mexico to a U.S.-citizen mother and a Mexican national father, allegedly entered the U.S. in 1949. It is disputed whether the entry was legal. His mother remarried a U.S. citizen in 1960.…
Date: May 10, 2012
Docket Number: 10-2554
Justia Opinion Summary: AT&T hired Kalich as a store manager, supervised by Rich, the area sales manager. Rich visited the store about 10 times per month and made comments that Kalich found offensive. These comments involved calling Kalich by…
Date: May 10, 2012
Docket Number: 10-2690
Justia Opinion Summary: Davis, an insulin-dependent inmate chosen to participate in an off-site public works program, claimed that he was removed from his public-works employment because of his sexual orientation. He claimed that officers…
Date: May 10, 2012
Docket Number: 10-3997
Date: May 10, 2012
Docket Number: 11-1356
Justia Opinion Summary: In 2005 Regan began working for Faurecia, 6:00 a.m. to 3:00 p.m. She drove 24 miles to work until 2008, when she moved, because of her husband’s new job, to a home, 79 miles from the plant. Regan is being treated for…
Date: May 10, 2012
Docket Number: 11-5032
Justia Opinion Summary: Federal tax assessments against husband arose out of his failure to file returns, report income, or pay tax, 1986 through 1993. Unpaid taxes, penalties, and interest totaled $901,052.17 as of January 2010. Wife paid…
Date: May 9, 2012
Docket Number: 10-5508
Date: May 9, 2012
Docket Number: 10-5586
Date: May 9, 2012
Docket Number: 10-5819
Justia Opinion Summary: Maker's Mark sued Jose Cuervo for trademark infringement, based on Cuervo's use of red dripping wax seal on bottles of premium tequila. The district court found that the Maker's Mark trademark was valid, rejecting an…
Date: May 9, 2012
Docket Number: 12-501
Justia Opinion Summary: Mortgage Electronic is a third party in a foreclosure action, based on its assignment of a mortgage. The case was remanded from federal to Kentucky state court. Mortgage Electronic sought permission to appeal to the…
Date: May 8, 2012
Docket Number: 09-1825
Justia Opinion Summary: In 2005, Surles, a prisoner, filed a pro se complaint under 42 U.S.C. 1983, alleging that Michigan DOC officials confiscated legal papers and computer disks. The district court dismissed without prejudice, finding that…
Date: May 8, 2012
Docket Number: 10-3923
Justia Opinion Summary: Jackson entered a plea of guilty to intent to distribute more than five grams of cocaine base, 21 U.S.C. 841(a)(1) and (b)(1)(B) in June 2009. After waiting for a change in the guidelines with regard to crack versus…
Date: May 8, 2012
Docket Number: 10-6148
Justia Opinion Summary: Seeger worked since 1979 under a union contract. Employees on leave under the Family and Medical Leave Act, 29 U.S.C. 2601-2654, were also eligible for paid disability leave under the employer’s (CBT) disability plan. …
Date: May 8, 2012
Docket Number: 11-5470
Justia Opinion Summary: In 2001, Horn was sentenced as a career offender under U.S.S.G. 4B1.1 following his guilty plea to bank robbery. In 2007, the Sentencing Commission promulgated Amendment 709, changing the method by which a court…
Date: May 7, 2012
Docket Number: 10-1904
Justia Opinion Summary: In Chapter 11 bankruptcy, the airline extracted concessions that resulted in an approximate 40 percent wage cut for pilots in return for an $888 million claim in bankruptcy to be disbursed as stock shares. The union…
Date: May 7, 2012
Docket Number: 10-6012
Justia Opinion Summary: Zundel entered the U.S. in 2000 under the Visa Waiver Program, 8 U.S.C. 1187. He married a citizen, and applied for permanent residency (8 U.S.C. 1255). He did not attend his INS interview; the INS denied the…
Date: May 4, 2012
Docket Number: 10-3991
Justia Opinion Summary: The National Association of Insurance Commissioners helps to coordinate the state-based regulations of insurance, creating model statutes and regulations and releasing actuarial guidelines. Actuarial Guideline 33…
Date: May 4, 2012
Docket Number: 10-5075
Justia Opinion Summary: Defendant pled guilty to being a felon in possession of a firearm, 18 U.S.C. 922(g); possession of a firearm altered to have a barrel of less than 18 inches in length, 26 U.S.C. 5822, 5861(c), 5871; and possession of an…
Date: May 3, 2012
Docket Number: 10-4188
Justia Opinion Summary: The named plaintiffs are Ohio residents who purchased front-loading washing machines manufactured by defendant. Within months after their purchases, the plaintiffs noticed the smell of mold or mildew emanating from the…
Date: May 3, 2012
Docket Number: 11-1335
Justia Opinion Summary: A class of retirees who had worked under a collective bargaining agreement and their survivors and dependents obtained monetary damages and declaratory and injunctive relief requiring that defendants provide vested…
Date: May 2, 2012
Docket Number: 09-1610
Date: May 2, 2012
Docket Number: 11-3011
Justia Opinion Summary: Petitioner met a U.S. citizen, 28 years her senior, when he visited St. Petersburg, Russia in 1991. The two married in 1998, and petitioner moved to the U.S. and became a lawful permanent resident on a conditional basis,…
Date: May 1, 2012
Docket Number: 09-5987
Justia Opinion Summary: Defendants, two of three lawyers who represented several hundred Kentucky clients in a mass-tort action against the manufacturer of the defective diet drug "fen-phen," settled the case for $200 million, which entitled…
Date: April 30, 2012
Docket Number: 09-4220
Justia Opinion Summary: Plaintiff's bank, Firstar, erroneously dishonored her check for her April 2002 monthly mortgage payment to Aames. Firstar issued an "official check" to Aames on April 8, 2002 but also failed to honor that check. Aames…
Date: April 30, 2012
Docket Number: 10-3371
Justia Opinion Summary: Thiam, a black woman and a member of the Wolof tribe in Mauritania, suffered physical and sexual violence by white Arab members of the military. She was sent to Senegal, where she lived for about 14 years. She arrived in…
Date: April 27, 2012
Docket Number: 10-4160
Justia Opinion Summary: The center provided care for children of low-income parents and sought license renewal in 2005. The application remained pending for 15 months. During that period, the state agency, ODJFS, reduced its capacity from 88 to…
Date: April 25, 2012
Docket Number: 10-3584
Justia Opinion Summary: V&M filed suit against Centimark alleging breach of contract and negligence after metal roof sheeting panels being installed at its steelwork facility fell into an electrical substation, causing loss of power for more…
Date: April 24, 2012
Docket Number: 11-5261
Justia Opinion Summary: Plaintiff, an employee of the city since 2006, began training for a position at city hall under the supervision of the then-city recorder, Williams. Plaintiff and Williams are friends and landlord-tenant. In 2008, based…
Date: April 19, 2012
Docket Number: 11-1110
Justia Opinion Summary: In 2000, a citizen of Lebanon and a lawful permanent resident of the U.S., filed a Form I-130 relative visa petition on behalf of her son, as an unmarried, adult child of a permanent resident, under 8 U.S.C. 1153(a)(2).…
Date: April 18, 2012
Docket Number: 11-8053
Justia Opinion Summary: In 2009, Debtor filed a chapter 13 petition that was dismissed for failure to file a plan or schedules. Two months later, she filed a pro se chapter 7 petition which was dismissed for failure to produce proper…
Date: April 16, 2012
Docket Number: 10-2331
Justia Opinion Summary: In 2004, actor John Stamos visited a resort with a group of male friends and met Coss, then 17 years old. Coss and her friend attended a party at Stamos's hotel room. Alcohol was served. Stamos and Coss corresponded…
Date: April 13, 2012
Docket Number: 10-3583
Justia Opinion Summary: Plaintiffs are 225 current or former employees of steel mills that have changed ownership many times. Calculation of retirement benefits changed with the changes in ownership. The employees claim that their union,…
Date: April 13, 2012
Docket Number: 10-5813
Date: April 13, 2012
Docket Number: 10-5814
Justia Opinion Summary: The attorney represented more than 400 plaintiffs in a class action related to the diet drug Fen-Phen. Lawyers’ fees were to be limited to 30 percent of the clients' gross recovery. The case settled for almost $200…
Date: April 12, 2012
Docket Number: 09-2055
Justia Opinion Summary: Plaintiffs were catastrophically injured in automobile accidents. All sustained traumatic brain injuries and are now mentally impaired. State Farm initially paid no-fault insurance benefits for the cost of attendant…
Date: April 12, 2012
Docket Number: 09-6405
Justia Opinion Summary: Petitioner operated a licensed business buying and selling automobile parts to consumers and mechanics. He solicited, bought, and sold parts that he knew were stolen. Petitioner cashed a $9,000 check every morning and…
Date: April 11, 2012
Docket Number: 10-5778
Justia Opinion Summary: Defendant was found guilty of being a felon in possession of a firearm, 18 U.S.C. 922(g), and sentenced to 120 months' imprisonment, to be served consecutively to a state-court sentence for probation violation. The…
Date: April 10, 2012
Docket Number: 10-1564
Date: April 10, 2012
Docket Number: 10-3750
Justia Opinion Summary: Wanting to place its advertising benches on private property and in public rights-of-way, the company first sued the city in 1993. The parties settled. The city granted the company 300 permits and amended laws to give…
Date: April 10, 2012
Docket Number: 10-5638
Justia Opinion Summary: Defendant was sentenced to 51 months in prison after entering a conditional guilty plea to charges of being a felon in possession of a firearm (18 U.S.C. 922(g)), making counterfeit money (18 U.S.C. 471), and passing…
Date: April 6, 2012
Docket Number: 10-2334
Justia Opinion Summary: Plaintiffs, allegedly injured while working for Cassens, sought worker's compensation benefits under Michigan’ law. Cassens’s third-party administrator, denied each plaintiff benefits. Plaintiffs filed suit, alleging…
Date: April 6, 2012
Docket Number: 10-4151
Justia Opinion Summary: Plaintiff, an air traffic controller 1974-1981, was fired by President Reagan and subject to a ban on rehiring until 1993, when he applied for rehiring. He had moved and did not update his contact information. He was not…
Date: April 5, 2012
Docket Number: 09-2371
Justia Opinion Summary: Charged with possession of more than 650 grams of cocaine with intent to deliver in 1988, petitioner was convicted of possession of more than 650 grams of cocaine. At the time, the offense required a mandatory sentence…
Date: April 5, 2012
Docket Number: 09-6509
Justia Opinion Summary: Defendant was convicted of knowingly possessing with the intent to distribute approximately 4.9 grams of cocaine base, 21 U.S.C. 841(a)(1); 18 U.S.C. 2. Following direct review, he sought correction of his sentence…
Date: April 5, 2012
Docket Number: 10-1532
Justia Opinion Summary: Defendant pleaded guilty to possession with intent to distribute crack cocaine, 21 U.S.C. 841(a)(1), and being a felon in possession of a firearm, 18 U.S.C. 922(g)(1). He was sentenced to the statutory of minimum of 180…
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