2013 Sixth Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 1588
Date: December 30, 2013
Docket Number: 13-3368
Justia Opinion Summary: McGuire was convicted of the kidnaping, rape, and aggravated murder of Joy Stewart and was sentenced to death. On direct appeal, the Ohio Supreme Court summarized the evidence presented in mitigation and determined that…
Date: December 23, 2013
Docket Number: 12-6256
Justia Opinion Summary: The Fillers planned to demolish an unused Chattanooga factory. They knew the site contained asbestos, a hazardous pollutant under the Clean Air Act. Environmental Protection Agency regulations require removal of all…
Date: December 20, 2013
Docket Number: 12-4419
Justia Opinion Summary: Individual plaintiffs alleged that they were illegally stopped, searched, or detained by the U.S. Border Patrol for the Sandusky Bay Ohio Station, based upon their Hispanic appearance, race and ethnicity. They claimed…
Date: December 20, 2013
Docket Number: 13-1102
Date: December 18, 2013
Docket Number: 13-1438
Justia Opinion Summary: The Tribe bought land from the City of Lansing to build a class III gaming facility, using funds appropriated by Congress for the benefit of certain Michigan tribes. The Michigan Indian Land Claims Settlement Act…
Date: December 18, 2013
Docket Number: 13-5059
Justia Opinion Summary: Plambeck owned two Kentucky chiropractic clinics that treated patients injured in car accidents, including some State Farm customers. All of the treating chiropractors were licensed to practice in Kentucky. Plambeck was…
Date: December 17, 2013
Docket Number: 12-3873
Justia Opinion Summary: Ramage, born in 1933, worked for Island Creek for 28 years, five years underground and 23 years on the surface. In 2007 he sought black lung benefits. While the claim was pending, Congress revived a statutory rebuttable…
Date: December 17, 2013
Docket Number: 12-6374
Justia Opinion Summary: McKenzie’s creditors filed an involuntary Chapter 7 bankruptcy petition in 2008. McKenzie filed a voluntary Chapter 11 petition a month later. The cases were consolidated and converted to a Chapter 7 bankruptcy. Several…
Date: December 17, 2013
Docket Number: 13-3251
Justia Opinion Summary: Ogle, born in 1954, worked in underground coal mines for 21 years, most recently in 1996 in Kentucky. Ogle smoked since age 12. He sought black lung benefits in 2007. After the record closed but before the ALJ issued a…
Date: December 17, 2013
Docket Number: 13-5189
Justia Opinion Summary: The FBI investigated Alwan, an Iraqi living in Bowling Green, after his fingerprints appeared on an improvised explosive device in Iraq, and introduced Alwan to a confidential source (CHS), who recorded their…
Date: December 17, 2013
Docket Number: 13-5341
Justia Opinion Summary: Hocker drank a six-pack of beer and drove to the home of his sometimes-girlfriend. A protective order directed Hocker not to go to her house. The woman called 911, reporting that Hocker was “highly intoxicated” and…
Date: December 16, 2013
Docket Number: 12-6335
Justia Opinion Summary: Off-duty Richmond Kentucky Police Officers visited the apartment of April McQueen by invitation, where the four adults engaged in sexual activity that “included bondage and discipline, dominance and submission and sadism…
Date: December 13, 2013
Docket Number: 13-1528
Justia Opinion Summary: CCRC employee Henschel was covered by a collective bargaining agreement that provided for seniority rights. Hel was involved in a motorcycle accident that resulted in amputation of his left leg. CCRC hired a temporary…
Date: December 12, 2013
Docket Number: 08-4019
Justia Opinion Summary: In 1993, Dixon and Hoffner beat their friend Hammer, tied him to a bed, stole his wallet and his vehicle, and then drove him into a remote area and buried him alive. One month into the investigation, Hoffner led police…
Date: December 12, 2013
Docket Number: 13-8025
Justia Opinion Summary: In 2009, Debtor had received an IRS Notice of Deficiency for tax year 2004, claiming additional taxes of $143,445.00, plus penalties of $28,689.00. Debtor filed a voluntary Chapter 7 petition in 2011. In 2011, Debtor…
Date: December 11, 2013
Docket Number: 13-5311
Justia Opinion Summary: Johnson stored marijuana in his Arkansas home for distribution in Tennessee. A conspiracy headed by others obtained large quantities of marijuana from a Texas supplier, who delivered to Johnson’s Blytheville home. Police…
Date: December 10, 2013
Docket Number: 12-6608
Justia Opinion Summary: Ortega, a U.S. citizen, began an 11-day sentence of home confinement for driving under the influence on March 18, 2011. He had to wear an electronic monitoring device at all times. With prior approval, he could go to…
Date: December 6, 2013
Docket Number: 12-2074
Justia Opinion Summary: In 2000, Rochow sold his interest in Universico to Gallagher and became President of Gallagher. As an employee of Gallagher, Rochow was covered under a LINA disability policy. In 2001, Rochow began to experience short…
Date: December 6, 2013
Docket Number: xx-xxxx
Justia Opinion Summary: In 2006, Defendant pleaded guilty to two counts of distribution of cocaine base, 21 U.S.C. 841(a)(1); the plea agreement stated that his offense involved 109 grams of cocaine base and that the parties would recommend a…
Date: December 4, 2013
Docket Number: 13-5598
Justia Opinion Summary: Krafsur, a federal administrative law judge, hears social security disability claims, including deciding how much to award successful claimants in attorney’s fees. Krafsur alleges that Davenport, the chief judge in his…
Date: December 3, 2013
Docket Number: 12-5582
Justia Opinion Summary: In 2005 the Blewetts were convicted of crack cocaine offenses and sentenced to a mandatory minimum of 10 years each under the 100-to-1 crack cocaine law. The Fair Sentencing Act of 2010 as implemented by new sentencing…
Date: December 2, 2013
Docket Number: 12-6198
Justia Opinion Summary: The plaintiffs allege that they ingested metoclopramide, the generic equivalent of the prescription drug Reglan, and, as a result, developed a serious neurological disorder, tardive dyskinesia. The labeling for the drugs…
Date: November 27, 2013
Docket Number: 10-3922
Justia Opinion Summary: A title services company may not pay a real estate agent a fee in exchange for a referral, Real Estate Settlement Procedures Act, 12 U.S.C. 2607(a), with an exemption for “affiliated business arrangements.” The…
Date: November 27, 2013
Docket Number: 12-4390
Justia Opinion Summary: Sections 401 and 402 of the Labor-Management Reporting and Disclosure Act, 29 U.S.C. 481, 482, regulate union elections and authorize the Secretary of Labor to bring suit to enforce these provisions, after a union member…
Date: November 26, 2013
Docket Number: 12-4248
Justia Opinion Summary: In 2006, Plaintiff financed a purchase of residential property. Residential Finance was the lender; Chase serviced the loan. In 2011 Plaintiff sent Chase a “Qualified Written Request” under the Real Estate Settlement…
Date: November 22, 2013
Docket Number: 13-8014
Justia Opinion Summary: Debtors owed delinquent real estate taxes to Summit County, Ohio, which sells outstanding tax obligations to investors as tax lien certificates. An investor purchasing such a certificate obtains a lien against the…
Date: November 21, 2013
Docket Number: 12-3212
Justia Opinion Summary: Volkman, an M.D. and a Ph.D. in pharmacology from University of Chicago, was board-certified in emergency medicine and a “diplomat” of the American Academy of Pain Management. Following lawsuits, he had no malpractice…
Date: November 21, 2013
Docket Number: 12-3805
Justia Opinion Summary: Marshall pled guilty to receiving child pornography (18 U.S.C. 2252(a) and (b)) from the time he was 15 until he was 20 years old. The district court varied downward from the guideline range and sentenced him to five…
Date: November 19, 2013
Docket Number: 12-5791
Date: November 14, 2013
Docket Number: 10-5759
Justia Opinion Summary: Defendant, convicted of murder and rape in connection with the 1987 deaths of two officers in the Army Nurse Corps, was sentenced to death in Tennessee state court. After exhausting state remedies, he sought a writ of…
Date: November 14, 2013
Docket Number: 13-8018
Justia Opinion Summary: The bankruptcy court held that a district court judgment entered against the Debtor was nondischargeable under 11 U.S.C. 523(a)(6). The Sixth Circuit Bankruptcy Appellate Panel affirmed, holding that the bankruptcy court…
Date: November 8, 2013
Docket Number: 12-2630
Date: November 8, 2013
Docket Number: 12-4487
Justia Opinion Summary: In 2004, Lampe won a $25,000 judgment against Kash. Kash could not pay his debts and sought bankruptcy protection in 2012. When he submitted a list of creditors, under Bankruptcy Rule 1007(a) Kash omitted Lampe’s…
Date: November 7, 2013
Docket Number: 13-5088
Justia Opinion Summary: Beginning in 2004, 1st Source Bank entered into secured transactions with the debtors for the sale or lease of tractors and trailers. The agreements granted 1st Source a security interest in the tractors and/or trailers,…
Date: November 5, 2013
Docket Number: 10-3903
Justia Opinion Summary: While employed at an insurance company, Huff used customer information to obtain credit cards, and, with the help a teenager, cell phone contracts, resulting in loss of more than $350,000. Huff pleaded guilty to…
Date: November 5, 2013
Docket Number: 12-2505
Date: November 5, 2013
Docket Number: 12-3574
Justia Opinion Summary: Crockett’s former law firm subscribed to a LexisNexis legal research plan that allowed unlimited access to certain databases for a flat fee. Subscribers could access other databases for an additional fee. According to…
Date: November 5, 2013
Docket Number: 12-3585
Justia Opinion Summary: In her representation of a client charged with alien smuggling, 8 U.S.C. 1324, Migdal, an attorney who has served as an Assistant Federal Public Defender for nearly 25 years, had a number of disagreements with the…
Date: November 5, 2013
Docket Number: 12-4075
Justia Opinion Summary: Inmate Santiago, complaining of severe pain and a rash, was seen by Dr.Mosher on January 31. Mosher prescribed Tylenol for pain and antibiotics to treat what she thought might be Methicillin-resistant Staphylococcus…
Date: November 4, 2013
Docket Number: 11-6249
Justia Opinion Summary: Phillips was indicted in 2004 on charged that he had travelled to Thailand and knowingly engaged in illicit sexual conduct (18 U.S.C. 2423(f), 2246) with a minor male, not yet 16 years of age, in violation of 18 U.S.C.…
Date: November 4, 2013
Docket Number: 12-6611
Justia Opinion Summary: Letters sent between LaDeau and his incarcerated brother, David, came to the attention of authorities. The letters, written in code, allegedly communicated ways to obtain and conceal child pornography. Investigators…
Date: November 1, 2013
Docket Number: 12-4191
Justia Opinion Summary: Burgess was pulled over for speeding and found to be under the influence of alcohol and a prescription drug. After failing sobriety tests, Burgess was arrested for DUI. His resistance caused officers to perform a…
Date: November 1, 2013
Docket Number: 12-5915
Date: October 31, 2013
Docket Number: 11-2580
Justia Opinion Summary: Tillman filed suit pro se, alleging that Macy’s discriminated against her on the basis of race in violation of Title VII when it terminated her employment in 2009. Macy’s filed a motion to compel arbitration, based on a…
Date: October 31, 2013
Docket Number: 12-3999
Justia Opinion Summary: In 1997, the Miami Township police department fired Sergeant Young for allegedly forcing sex on a woman while on the job; the termination was overturned by an arbitrator. The arbitrator concluded that the department had…
Date: October 31, 2013
Docket Number: 13-1248
Justia Opinion Summary: Selby is serving a life sentence for murder, a two-year sentence for being a felon in possession of a firearm, and a sentence for attempted escape from prison. Michigan prison authorities confined Selby in administrative…
Date: October 30, 2013
Docket Number: 11-2161
Justia Opinion Summary: Clark was shot and killed outside of his Detroit home. Months later, Peoples, Powell, and Harris, were arrested after leading police on a chase in a stolen Jaguar. According to the report written by an officer who…
Date: October 30, 2013
Docket Number: 12-1351
Justia Opinion Summary: Allied, a union contractor, sued local unions, claiming that the unions colluded to withhold otherwise available job-targeting funds from Allied. The job-targeting-fund program provided union contractors with money to…
Date: October 30, 2013
Docket Number: 12-2217
Date: October 30, 2013
Docket Number: 12-3543
Justia Opinion Summary: The Youth Re-Entry Program helps young people re-enter society after foster care or juvenile detention. About 80 percent of its members are black. The program moved to the Cleveland suburb, Lakewood, to house clients in…
Date: October 30, 2013
Docket Number: 12-4340
Date: October 30, 2013
Docket Number: 12-4466
Date: October 30, 2013
Docket Number: 12-4517
Date: October 30, 2013
Docket Number: 12-6501
Justia Opinion Summary: Miller and his pastor Wellons wanted to buy investment land for $790,000. Miller formed Fellowship, with eight investment units valued at $112,500 each, to purchase the land and recruited investors. Miller and Wellons…
Date: October 28, 2013
Docket Number: 12-4565
Justia Opinion Summary: After Page and SNAP sued Owl for breach of contract, Owl counterclaimed for breach of the same contract. The district court granted summary judgment in favor of Owl on all claims and the counterclaim. Owl elected not to…
Date: October 25, 2013
Docket Number: 11-1201
Justia Opinion Summary: In 2008, Hughes pled guilty to federal drug (crack cocaine) and gun charges. The district court sentenced him to 121 months on the drug charge plus 60 months on the gun charge. Hughes was then subject to a ten-year…
Date: October 25, 2013
Docket Number: 12-3765
Justia Opinion Summary: A nursing home resident and her community spouse (husband) were penalized based on husband’s purchase of an annuity for himself using funds from his IRA. The district court granted summary judgment in favor of the…
Date: October 25, 2013
Docket Number: 12-6129
Justia Opinion Summary: Bowers joined Ophthalmology Group as an employee in 1999 and, in 2002, became one of six partners. In November 2009, Bowers tendered a resignation letter to her partners. Although she did not give a date of departure,…
Date: October 24, 2013
Docket Number: 12-4316
Date: October 24, 2013
Docket Number: 12-4377
Justia Opinion Summary: Williams had worked at Marathon’s Ashland, Kentucky, facility for 25 years, most recently as a senior barge welder. Williams alleged that he sustained a long thoracic nerve injury to his right shoulder while replacing…
Date: October 24, 2013
Docket Number: 12-6279
Justia Opinion Summary: On January 21, 2009, Amburgey sought treatment for his persistent pneumonia from Dr. Alam at a Whitesburg, Kentucky clinic run by MCHC. He died that same day from a severe allergic reaction to an intravenous contrast dye…
Date: October 24, 2013
Docket Number: 13-1677
Justia Opinion Summary: The Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, collectively, the Affordable Care Act require that most businesses employing 50 or more individuals provide…
Date: October 23, 2013
Docket Number: 11-1502
Justia Opinion Summary: Under the three-strikes provision of the Prison Litigation Reform Act (PLRA), 28 U.S.C. 1915(g), the district court denied pauper status to Coleman-Bey in his civil suit under 42 U.S.C. 1983, although one of his previous…
Date: October 23, 2013
Docket Number: 12-6351
Justia Opinion Summary: Shultz, convicted under 18 U.S.C. 2252(a) of receiving and possessing child pornography, including depictions of young children engaged in sadistic, masochistic or violent behavior, appealed the district court’s…
Date: October 23, 2013
Docket Number: 12-6437
Justia Opinion Summary: Moore and friends left a strip club in Lexington, as the club closed, Moore claims that he noticed a SUV that needed a jump start and walked over to help. Moore claims he spotted a pistol sticking out of the waistband of…
Date: October 22, 2013
Docket Number: 06-4105
Justia Opinion Summary: Lawrence committed four bank robberies in central Ohio during 2004-2005. During the last attempted robbery, Lawrence shot and killed Officer Hurst. Officer Hurst returned fire, however, and Lawrence was injured. Lawrence…
Date: October 22, 2013
Docket Number: 12-1732
Justia Opinion Summary: An officer found a tool bag outside the McNamara Federal Building. Thinking it was lost property, the officer stored the bag in the building for three weeks without inspecting it. Eventually, someone x-rayed of the bag…
Date: October 22, 2013
Docket Number: 13-5021
Justia Opinion Summary: In 2009, Tyler had accumulated $1,041 of debt on his Chase credit card. DHC, assignee of the debt, filed suit in Kentucky, seeking collection of the debt, plus 21% interest, and attorney’s fees. The complaint had not…
Date: October 21, 2013
Docket Number: 13-5014
Justia Opinion Summary: Hampton was charged with wire fraud, 18 U.S.C. 1343 (18 counts), access device fraud, 18 U.S.C. 1029(a)(5) (four counts), and aggravated identity theft, 18 U.S.C. 1028A(a)(1)), based on use of fraudulent merchant…
Date: October 18, 2013
Docket Number: 12-5903
Justia Opinion Summary: Southern Rehabilitation Group and its medical director sued the Secretary of Health and Human Services and past and present Medicare contractors, seeking review of the Secretary’s final decision on 6,200 claims for…
Date: October 17, 2013
Docket Number: 12-4137
Justia Opinion Summary: Rachells, an African-American account executive in the Cleveland region since 2001, received numerous sales awards, consistently exceeded company sales goals by the greatest margin among his co-workers, and, in 2003,…
Date: October 11, 2013
Docket Number: 12-1962
Justia Opinion Summary: Patel, a citizen of India, entered the U.S. on a one-year visitor’s visa in 1999. He overstayed and began looking for a job. Citizenship and Immigration Services denied his first petition for an employment visa in 2006…
Date: October 11, 2013
Docket Number: 12-5805
Justia Opinion Summary: YA, a nonprofit corporation serving at-risk youth, transported young people to an event using vans that it owned. After the event four people were unable to board because a van was full. A YA employee requested that…
Date: October 9, 2013
Docket Number: 12-2050
Justia Opinion Summary: Nurse Turetzky and Doctor Desai opened a clinic in 1976. They fought, and sometimes the fights turned physical. In 1983, they agreed to dissolve their partnership once Desai repaid Turetzky’s investment. Weeks later,…
Date: October 7, 2013
Docket Number: 11-2582
Justia Opinion Summary: Peoplemark is a temporary-employment agency that used an application form that asked applicants whether they had a felony record and conducted an independent investigation into the criminal records of all applicants.…
Date: October 7, 2013
Docket Number: 12-2138
Justia Opinion Summary: Johnson’s plea agreement provided for dismissal of two distribution counts and state weapons charges; Johnson pled guilty to conspiracy to distribute and possess with intent to distribute at least 280 grams of cocaine…
Date: October 7, 2013
Docket Number: 12-8050
Justia Opinion Summary: Debtor was married to Plaintiff’s son, John. Plaintiff and John had an extensive model train collection. After John died, Plaintiff sued, seeking $25,000 for Debtor’s alleged conversion of the collection. Debtor was…
Date: October 3, 2013
Docket Number: 09-6366
Justia Opinion Summary: Ajan was convicted of several drug-related offenses, aiding and abetting a kidnapping, and two section 924(c) firearm offenses and sentenced to a term of 646 months of imprisonment. After unsuccessful direct appeal, he…
Date: October 2, 2013
Docket Number: 12-3949
Justia Opinion Summary: The 19th-century steamship S.S. Central America, the “Ship of Gold,” sank in the Atlantic Ocean in 1857, taking many tons of gold with her. The wreckage was discovered more than 130 years later by explorers led by…
Date: September 27, 2013
Docket Number: 12-1113
Justia Opinion Summary: Grayson was indicted for conspiracy to distribute powder and crack cocaine and other drugs, 21 U.S.C. 846; 21 U.S.C. 841(a)(1), and for possession of a firearm in furtherance of a drug trafficking crime, 18 U.S.C.…
Date: September 26, 2013
Docket Number: 10-2191
Date: September 26, 2013
Docket Number: 10-2278
Date: September 25, 2013
Docket Number: 12-3689
Justia Opinion Summary: Plaintiff, working for Defendant since 1967, was a brakeman on a crew taking a freight train from Defendant’s Cleveland yard to Medina County, Ohio, in 2006. At a Valley City stop, Plaintiff operated a ground switch to…
Date: September 25, 2013
Docket Number: 13-1608
Date: September 25, 2013
Docket Number: 13-1615
Date: September 25, 2013
Docket Number: 13-1625
Date: September 25, 2013
Docket Number: 13-1628
Justia Opinion Summary: Suits consolidated under 28 U.S.C. 1407 alleged antitrust violations of price fixing and dividing markets by the manufactures of cooling compressors. The district court dismissed the claims of some of the indirect-buyer…
Date: September 24, 2013
Docket Number: 10-1453
Justia Opinion Summary: Plaintiffs, employees of Coca-Cola, suffered work-related injuries and applied for workers’ compensation benefits through Sedgwick, Coca-Cola’s third-party benefit claims administrator. Sedgwick disputed the claims.…
Date: September 24, 2013
Docket Number: 10-2191
Date: September 24, 2013
Docket Number: 10-2778
Date: September 24, 2013
Docket Number: 13-3047
Justia Opinion Summary: Bennett was walking her dog in Garfield Heights, Ohio when she was struck on the left knee by a vehicle driven by Pastel. The accident threw Bennett onto the car’s hood. Bennett sued Pastel’s insurer, State Farm, which…
Date: September 19, 2013
Docket Number: 12-3757
Justia Opinion Summary: Youngstown Police receiced a call reporting that a man driving a black Jeep Cherokee was attempting to sell firearms at an auto parts store. The caller identified himself as a store employee and provided the vehicle’s…
Date: September 19, 2013
Docket Number: 12-6285
Justia Opinion Summary: Lukas owns stock in Miller, a publicly owned corporation engaged in production of oil and natural gas. In 2009, Miller announced that it had acquired the “Alaska assets,” worth $325 million for only $2.25 million. Miller…
Date: September 17, 2013
Docket Number: 12-2673
Justia Opinion Summary: Kennedy family members own a controlling interest in corporate entities that comprise Autocam. John Kennedy is Autocam’s CEO. The companies are for-profit manufacturers in the automotive and medical industries and have…
Date: September 17, 2013
Docket Number: 12-3810
Justia Opinion Summary: McCloud pled guilty to distributing 19.4 grams of crack cocaine, 21 U.S.C. 841,was released on bond, and failed to appear for sentencing. After evading law enforcement for more than three years, McCloud was captured and…
Date: September 17, 2013
Docket Number: 12-6249
Justia Opinion Summary: AmEx is the world’s largest issuer of traveler’s checks, which never expire. AmEx and third-party vendors sell the checks at face value, and AmEx profits by investing the funds until the TC is redeemed. Although most are…
Date: September 16, 2013
Docket Number: 12-8045
Justia Opinion Summary: After the Underhills received their discharge under a voluntary Chapter 7 petition in May 2010, Golf Chic, an LLC in which Beth Underhill was the sole member, filed a claim for tortious interference against several…
Date: September 13, 2013
Docket Number: 11-1798
Justia Opinion Summary: As part of a separate drug investigation, the FBI began wire intercepts of cellular telephones of several individuals (Wiretap Act, 18 U.S.C. §§ 2510–22) including West, Freeman’s co-defendant. They overheard a…
Date: September 13, 2013
Docket Number: 12-2200
Justia Opinion Summary: Satyam approached the Trust about forming a joint venture to provide engineering services to the automotive industry. Satyam represented that it was an IT-services provider with a base of automotive customers, that it…
Date: September 12, 2013
Docket Number: 11-1943
Justia Opinion Summary: In 2003, Henderson was stopped for speeding. The officer discovered that the vehicle had been reported stolen. A Detroit Police Officer attempted to organize a live lineup, but could not locate five males of defendant’s…
Date: September 12, 2013
Docket Number: 12-1182
Justia Opinion Summary: An internal investigation by the U.S. Attorney’s Office found evidence suggesting that during the Jefferson trial on drug-conspiracy charges, the prosecution failed to disclose to the defense the extent of the promises…
Date: September 12, 2013
Docket Number: 12-1958
Justia Opinion Summary: GM provides its salaried retirees with continuing life insurance benefits under an ERISA-governed plan. MetLife issued the group life insurance policy and periodically sent letters to participants advising them of the…
Date: September 12, 2013
Docket Number: 12-3576
Justia Opinion Summary: Groeneveld sued Lubecore, claiming that Lubecore’s automotive grease pump is a “virtually identical” copy of Groeneveld’s automotive grease pump. The complaint asserted tradedress infringement in violation of section…
Date: September 10, 2013
Docket Number: 08-4019
Justia Opinion Summary: In 1993, Dixon and Hoffner beat their friend Hammer, tied him to a bed, stole his wallet and his automobile, drove him to a remote area, and buried him alive. One month into the investigation, Hoffner led police to…
Date: September 10, 2013
Docket Number: 12-5565
Justia Opinion Summary: Inmates at a federal prison celebrated Super Bowl Sunday by drinking liquor. MacAnally, become belligerent and told inmate Church that he intended to stab inmate Reisdorfer. Church, who outranked Reisdorfer and MacAnally…
Date: September 10, 2013
Docket Number: 12-6495
Justia Opinion Summary: In 2003, Bell pled guilty to possession with intent to distribute 50 or more grams of crack cocaine, 21 U.S.C. 841(a)(1) and 841(b)(1)(A)(iii), possession of a firearm during and in relation to a drug trafficking crime,…
Date: September 9, 2013
Docket Number: 12-3397
Justia Opinion Summary: In 2007, Gillis was convicted of possession with intent to distribute 4.12 grams of crack cocaine within 1,000 feet of a school, 21 U.S.C.841(a)(1), (b)(1)(C), and 860(a) and sentenced to 262 months of imprisonment. On…
Date: September 6, 2013
Docket Number: 12-1246
Justia Opinion Summary: Project labor agreements (PLAs) are used in the construction industry to set common conditions of employment for large projects involving multiple subcontractors and unions. On a public construction project, a PLA can…
Date: September 6, 2013
Docket Number: 12-1428
Justia Opinion Summary: Good, a Michigan inmate, claims he was convicted based on evidence obtained in violation of the Fourth and Fourteenth Amendments. The state trial court denied his motion to suppress without holding an evidentiary…
Date: September 6, 2013
Docket Number: 12-1820
Justia Opinion Summary: Masked law enforcement agents, dressed in black, with guns drawn, broke into a Detroit home and allegedly assaulted and terrorized the plaintiffs. The agents were part of a multi-agency effort targeting drug trafficking…
Date: September 6, 2013
Docket Number: 12-2384
Justia Opinion Summary: A “millionaire party” involves betting on games of chance customarily associated with a gambling casino, using imitation money or chips that have a nominal value equal to or greater than the value of the currency for…
Date: September 6, 2013
Docket Number: 12-4089
Date: September 6, 2013
Docket Number: 12-4111
Date: September 6, 2013
Docket Number: 12-4420
Date: September 6, 2013
Docket Number: 12-5451
Justia Opinion Summary: Following three Knoxville carjacking and armed robberies of pizza delivery employees lured to vacant houses, Mack was convicted of three counts of aiding and abetting carjacking, 18 U.S.C. 2119 & 2; three counts of…
Date: September 5, 2013
Docket Number: 12-2429
Justia Opinion Summary: Aleris supplied aluminum to Behr under a requirements contract until a labor dispute forced Aleris to close its Quebec factory in 2008. After learning of the closure, Behr took delivery of aluminum worth $2.6 million…
Date: September 5, 2013
Docket Number: 12-3382
Justia Opinion Summary: A security video captured a shooting at a Cleveland gas station. It showed a sport utility vehicle driving through the parking lot and Adkins, who appeared to recognize the vehicle, pulling a handgun from his walking…
Date: September 5, 2013
Docket Number: 12-4253
Date: September 4, 2013
Docket Number: 11-4020
Justia Opinion Summary: In 1994 an Ohio jury convicted Mason of aggravated murder, rape, and having a weapon while under disability; the court adopted a recommendation that Mason be sentenced to death. Mason’s conviction and sentence were…
Date: September 3, 2013
Docket Number: 10-2571
Justia Opinion Summary: After her child was murdered by his father, the mother sued employees of county and state Child Protective Services (CPS) and others,, alleging negligence; violations of constitutional rights (42 U.S.C. 1983); and…
Date: September 3, 2013
Docket Number: 12-1427
Justia Opinion Summary: On May 12, 2009, Stewart arrived from Japan with two laptop computers. A Customs Officer randomly approached him and found Stewart’s responses “confrontational.” Searching one computer, the officer found thumbnail…
Date: August 29, 2013
Docket Number: 12-3433
Justia Opinion Summary: Denson was indicted for being a felon in possession of a firearm, 18 U.S.C. 922(g)(1). One month later, he was detained for allegedly supplying a shotgun to an informant who planned a robbery. Denson pled guilty to the…
Date: August 28, 2013
Docket Number: 12-3905
Date: August 28, 2013
Docket Number: 12-6122
Justia Opinion Summary: Grand Resort, which has operated in the Great Smoky Mountains since 1982, claims that TripAdvisor’s publication of a survey that concluded that Grand Resort was the dirtiest hotel in America caused irreparable damage to…
Date: August 27, 2013
Docket Number: 12-6043
Justia Opinion Summary: Droganes is a Kentucky fireworks dealer. In 2007, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agents raided his business on suspicions that he was illegally selling “display” fireworks and seized more than…
Date: August 27, 2013
Docket Number: xx-xxxx
Justia Opinion Summary: In 2006, Defendant pleaded guilty to two counts of distribution of more than 50 grams of cocaine base, 21 U.S.C. 841(a)(1); the plea agreement stated that his offense involved 109 grams of cocaine base and that, “The…
Date: August 26, 2013
Docket Number: 11-3039
Justia Opinion Summary: Three-month-old Jiyen was killed when 11 shots were fired into his home in a drive-by shooting. Prosecution witnesses testified to overhearing Drummond, discussing a retribution for the death of a fellow gang member,…
Date: August 26, 2013
Docket Number: 11-3449
Justia Opinion Summary: After a physical altercation in 1993, his wife (Carol) told O’Neal and his sons to leave the house. She filed a domestic complaint and planned to change the locks. O’Neal later returned to the house, broke through the…
Date: August 26, 2013
Docket Number: 11-6311
Justia Opinion Summary: An officer pulled over a car with expired tags. Booker was a passenger. The officer smelled marijuana. The driver told the officer that he could search the vehicle. The officer had previously arrested Booker and…
Date: August 26, 2013
Docket Number: 12-2434
Justia Opinion Summary: Greektown, the owner of a Detroit casino, and affiliates filed for Chapter 11 bankruptcy. The bankruptcy court confirmed a reorganization plan and named a trustee. Before the plan became effective, the bankruptcy court…
Date: August 23, 2013
Docket Number: 11-1637
Justia Opinion Summary: Tragas bought information that is encoded in the magnetic strip on the back of credit and debit cards from overseas suppliers and re-sold the information to the Hunter brothers, who created “clone” gift and credit cards…
Date: August 23, 2013
Docket Number: 12-1403
Justia Opinion Summary: Broz started a cellular telephone business by organizing a wholly owned S corporation, RFB, in 1991 and purchasing an FCC license to operate a cellular network in Northern Michigan. Broz expanded by organizing…
Date: August 23, 2013
Docket Number: 12-1589
Justia Opinion Summary: National contracted to produce “Kids Fun Day” events before 2010 Cleveland Indians games, including a collapsible inflatable slide. National purchased a required comprehensive liability insurance policy naming the…
Date: August 23, 2013
Docket Number: 12-2258
Justia Opinion Summary: Officers on patrol in a high-crime, high-drug area observed a vehicle, occupied by Hinojosa, parked next door to a house that had been the site of past drug activity. After Hinojosa walked up and down the driveway, went…
Date: August 21, 2013
Docket Number: 12-2536
Justia Opinion Summary: In 2008, the FBI issued its Domestic Investigations and Operations Guide (DIOG) to implement newly revised Department of Justice guidelines, addressing use of race and ethnicity in investigations. Under this guidance,…
Date: August 21, 2013
Docket Number: 12-6327
Date: August 20, 2013
Docket Number: 10-2537
Justia Opinion Summary: Watson’s companies, Cyberco and Teleservices, defrauded lending institutions and other businesses that provided funding for Cyberco to purchase computer equipment from Teleservices. Cyberco never actually received any…
Date: August 20, 2013
Docket Number: 11-3217
Justia Opinion Summary: Greco worked at MetroHealth, a county-owned health-care provider in Cleveland, from 1997 until 2009, supervising independent contractors who worked on MetroHealth construction projects, selecting contractors for…
Date: August 20, 2013
Docket Number: 12-3167
Justia Opinion Summary: Officers observed a Chrysler with heavily tinted windows playing loud music and initiated a traffic stop. After the officers knocked on the car’s windows several times, Evans, the car’s driver and owner, and Walker, the…
Date: August 20, 2013
Docket Number: 12-3811
Justia Opinion Summary: In 2006, Defendant pleaded guilty to two counts of distribution of more than 50 grams of cocaine base, 21 U.S.C. 841(a)(1) under an agreement specifying that his offense involved 109 grams of cocaine base. At sentencing,…
Date: August 20, 2013
Docket Number: 12-4508
Justia Opinion Summary: In 2007 Joiner pled guilty to crimes involving 129.77 grams of crack cocaine, 21 U.S.C. 841(a)(1), (b)(1)(A), and (b)(1)(B). At the time, offenses involving more than 50 grams and a defendant who had a prior conviction…
Date: August 20, 2013
Docket Number: 13-101
Justia Opinion Summary: Scozzari was fatally shot by two police officers. Plaintiff, as representative of decedent’s estate, brought a civil rights action alleging excessive force and deliberate indifference to a known medical need. After the…
Date: August 16, 2013
Docket Number: 11-1959
Justia Opinion Summary: Vandiver filed a pro se civil action against Prison Health Services (PHS) and five medical professionals, alleging that the defendants violated and are continuing to violate his Eighth Amendment rights by deliberate…
Date: August 16, 2013
Docket Number: 11-5773
Date: August 16, 2013
Docket Number: 11-5793
Justia Opinion Summary: In 1997, Crum, a small company near insolvency, agreed to service Martin’s light-duty vehicles. Martin was a subsidiary of Massey Coal, a publicly-traded corporation. The agreement allowed Crum to enter Martin’s property…
Date: August 16, 2013
Docket Number: 12-6349
Justia Opinion Summary: American loaned $429,991 to Saberline to pay an insurance premium; Saberline agreed that, if it defaulted on the loan, American could cancel the policy and obtain return of any unearned premiums. USIG brokered the deal.…
Date: August 15, 2013
Docket Number: 12-1174
Justia Opinion Summary: Kindred, a nursing home and rehabilitation center in Mobile, has beds for about 170 residents and eight departments into which employees are classified: nursing, nutrition services, resident activity, maintenance,…
Date: August 15, 2013
Docket Number: 12-1231
Justia Opinion Summary: Mendel was employed by the City of Gibraltar as a police department dispatcher. After his employment was terminated, he sued under the Family Medical Leave Act. At that time, the city employed 41 employees, excluding…
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
