2016 Sixth Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 1223
Date: December 30, 2016
Docket Number: 16-3149
Justia Opinion Summary: Death-row inmates challenged Ohio’s protocols for lethal injunction. In 2014, Ohio amended Ohio Revised Code 149.43, creating sections 2949.221 and 2949.222, to prohibit the release of information identifying the…
Date: December 29, 2016
Docket Number: 16-5475
Justia Opinion Summary: All Tennessee Valley Authority (TVA) plant officers are required to maintain medical clearance as a condition of employment. Since his employment began in 2009, Hale maintained the clearance necessary for his position. …
Date: December 22, 2016
Docket Number: 14-2287
Justia Opinion Summary: In Wayne County, Michigan, Grundy was Assistant County Executive; Executive Director of HealthChoice, a municipal corporation chartered to promote the health and welfare of area residents; and Division Director of the…
Date: December 22, 2016
Docket Number: 16-5483
Justia Opinion Summary: As a nurse at the University of Louisville Hospital, Milby was covered by a long-term disability insurance policy. In 2011, Milby sought and received disability benefits for 17 months. During a subsequent eligibility…
Date: December 21, 2016
Docket Numbers: 15-2478, 15-2305
Justia Opinion Summary: The union was charged with violating its duty of fair representation in processing the grievance of a union member, Powell, who was terminated from her position as an automotive plant janitor. The charge alleged that…
Date: December 21, 2016
Docket Number: 16-3124
Justia Opinion Summary: Fleet Owners Fund is a multi-employer “welfare benefit plan” under the Employee Retirement Security Act (ERISA), 29 U.S.C. 1001, and a “group health plan” under the Patient Protection and Affordable Care Act (ACA), 26…
Date: December 21, 2016
Docket Number: 16-8010
Justia Opinion Summary: Debtor was unable to pay $70,000 attorney fees accrued over several years. The attorney continued to provide legal services. In May 2008, Debtor gave the attorney possession of the titles to a 1954 MG and a 1977 Ferrari…
Date: December 20, 2016
Docket Number: 15-4151
Date: December 20, 2016
Docket Number: 16-5393
Justia Opinion Summary: Clark sought attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d)(2)(A): $6,790.52 in fees for 34.75 attorney hours at an hourly rate of $176.13, plus 6.70 paralegal hours at an hourly rate of…
Date: December 19, 2016
Docket Number: 14-6061
Justia Opinion Summary: In April 1987, witnesses saw Middlebrooks and Brewington chase Majors, a 14-year-old black male. The next day, Majors’ body was found near where that incident had occurred. Majors had been tortured. Brewington led…
Date: December 19, 2016
Docket Number: 15-6074
Justia Opinion Summary: Twenty years ago, Charles was convicted of drug and firearm offenses, including conspiracy to distribute and unlawful distribution of crack cocaine, 18 U.S.C. 841(a)(1); 21 U.S.C. 846. The presentence report found that…
Date: December 19, 2016
Docket Number: 16-1575
Justia Opinion Summary: The Battle Creek Police Department obtained a warrant to search a residence, based on evidence from a trash pull and from a confidential informant. The Emergency Response Team was involved due to the subject’s (Jones)…
Date: December 16, 2016
Docket Number: 16-2628
Justia Opinion Summary: The Sixth Circuit declined to stay a preliminary injunction requiring the delivery of bottled water households served by the Flint water system that lack properly installed water filters. For many homes without a proper…
Date: December 16, 2016
Docket Number: 16-3321
Date: December 15, 2016
Docket Number: 15-1572
Justia Opinion Summary: Abraham operated B2B, a fax advertising company. Abraham has testified that she believed it was legal to send fax advertising to companies that had an established business relationship with the sender and mistakenly…
Date: December 15, 2016
Docket Numbers: 15-3778, 15-3834
Justia Opinion Summary: In 1995, Bryan was convicted of attempted robbery. After being paroled in 1998, Bryan was indicted for theft. Arrest warrants issued. In 2000, when Bryan stopped at a gas station, officer Leon pulled behind him, saw…
Date: December 15, 2016
Docket Number: 16-4117
Justia Opinion Summary: A preliminary injunction required the Highland School District Board to treat an 11-year old transgender special-needs student as a female and permit her to use the girls’ restroom. Highland moved to stay the injunction…
Date: December 14, 2016
Docket Number: 16-5086
Justia Opinion Summary: In 2010, plaintiffs, former employees of establishments that operate in “Fourth Street Live,” a Louisville entertainment district, sued, alleging violations of the Kentucky Wage and Hour Act, KRS 337.385, based on…
Date: December 14, 2016
Docket Number: 16-5336
Justia Opinion Summary: Coursey’s application for Social Security benefits was denied. He sought judicial review. The district court granted a joint motion to reverse the decision. Coursey sought attorney fees. Although the Equal Access to…
Date: December 13, 2016
Docket Number: 15-2516
Justia Opinion Summary: Kibler, a disc jockey, uses turntables and others’ vocals to produce music containing jazz and funk elements. He released several albums under the name “DJ LOGIC” since 1999, but currently has no record deal. Kibler…
Date: December 13, 2016
Docket Number: 16-5531
Justia Opinion Summary: Defendant, a 32-year-old black man, has prior state court convictions for unlawful possession of a weapon, resisting arrest, and possession of a prohibited weapon. In 2014, Defendant was arrested by Memphis Police for…
Date: December 8, 2016
Docket Number: 16-5314
Justia Opinion Summary: Nashville Detectives travelled to the residence where Abernathy lived with his girlfriend, searched the outdoor trash cans, and found: “Marijuana roaches with Marijuana residue inside;” “Several plastic vacuumed packed…
Date: December 6, 2016
Docket Number: 16-5596
Justia Opinion Summary: In 2006, Congress amended 42 U.S.C. 1396p(c)(1)(F)(i), which permits individuals and married couples to dispose of their assets (to qualify for Medicaid) by purchasing an annuity, under which the state is named as the…
Date: December 5, 2016
Docket Number: 15-5895
Justia Opinion Summary: Hayes, a U.S. citizen, married Pliego, a Spanish diplomat. Their child was born in 2011. In 2012, the family moved to Turkey, where Pliego served in the Spanish embassy. In 2014, Hayes took the child to Kentucky,…
Date: December 1, 2016
Docket Numbers: 13-3492, 13-3412
Justia Opinion Summary: In 1991, Hill crept into Teresa's Cincinnati apartment and removed their six-month-old daughter, Domika. Days later, police found Domika’s body in a vacant lot behind Hill’s house. A neighbor had heard Teresa telling…
Date: December 1, 2016
Docket Number: 15-3999
Justia Opinion Summary: Fleming had a sporadic work history in the coal industry. Between 1970 and 1991, Fleming worked for 25 different employers. In 2010, Fleming sought Black Lung Benefits Act payments. The DOL Office of Workers’…
Date: November 29, 2016
Docket Number: 15-8056
Justia Opinion Summary: The debtor filed a voluntary chapter 7 petition, listing pre-petition judgment liens incorrectly on Schedule E. His residence was a listed asset. He did not claim an exemption in the property, nor did he seek to avoid…
Date: November 29, 2016
Docket Number: 16-5488
Justia Opinion Summary: Jackson died in a car accident on U.S. Highway 70 after he lost control of his 2012 Ford Focus. Mrs. Jackson, who was a passenger in the car, was seriously injured. She sued, alleging that Ford was responsible for the…
Date: November 22, 2016
Docket Number: 15-2123
Justia Opinion Summary: Pryor was charged with conspiring to distribute heroin. Interested persons would call to speak to “Daffy Duck” and negotiate a purchase. “Daffy” would then give a location for the transaction and inform members of the…
Date: November 21, 2016
Docket Number: 15-4406
Justia Opinion Summary: In 1949, the federal government deeded a large parcel to the Muskingum Watershed Conservancy District (MWCD), the entity responsible for controlling flooding in eastern Ohio. The deed provided that the land would revert…
Date: November 18, 2016
Docket Numbers: 15-1664, 15-1657
Justia Opinion Summary: In the 1990s, Stryker purchased a Pfizer subsidiary that made orthopedic products, including the “Uni-knee” artificial joint. It was later discovered that those devices were sterilized using gamma rays, which caused…
Date: November 18, 2016
Docket Number: 16-5246
Justia Opinion Summary: In 2015, the legislative body for Hardin County, Kentucky passed an ordinance, providing that no employee could be required to join or pay dues to a union. Labor organizations claimed that the National Labor Relations…
Date: November 17, 2016
Docket Number: 15-6161
Justia Opinion Summary: In 2012, plaintiffs sued the Tennessee Valley Authority (TVA) for violating the National Environmental Policy Act (NEPA), 42 U.S.C. 4321, by implementing a right-of-way vegetation-maintenance policy without conducting…
Date: November 16, 2016
Docket Number: 16-2313
Justia Opinion Summary: In 2013, Flint, Michigan, decided to switch its primary drinking water provider from the Detroit Water Department to the new Karegnondi Water Authority (KWA). KWA was not yet operational, so Flint needed an interim…
Date: November 15, 2016
Docket Number: 15-3886
Justia Opinion Summary: During 2012-2013, three undercover DEA agents posed as patients during an investigation into Dr. Zaidi’s controlled substances prescription practices. As a result, the DEA Deputy Administrator suspended Zaidi’s…
Date: November 14, 2016
Docket Number: 15-2236
Justia Opinion Summary: In 2013, the City of Detroit filed for chapter 9 bankruptcy protection, facing problems “run[ning] wide and deep”—including the affordable provision of basic utilities. In 2014, plaintiffs, customers, and the purported…
Date: November 14, 2016
Docket Numbers: 16-1163, 15-2041
Justia Opinion Summary: Officers went to execute a search warrant at Price’s Grand Rapids home. Multiple informants had reported that Price was dealing large quantities of heroin. The officers had a description of Price’s vehicles and knew that…
Date: November 7, 2016
Docket Number: 14-8046
Justia Opinion Summary: The bankruptcy court imposed Rule 9011 sanctions against attorneys stemming from their representation of debtors in an adversary proceeding in which a creditor and the trustee sought denial of discharge. The attorney…
Date: November 7, 2016
Docket Number: 15-2149
Justia Opinion Summary: The State of Michigan contracted with E.L. Bailey to construct a prison kitchen. After delays, the parties sued each other for breach of contract. Bailey had obtained surety bonds from Great American Insurance Company…
Date: November 7, 2016
Docket Numbers: 15-8008, 15-8025
Justia Opinion Summary: Debtors filed a voluntary Chapter 7 bankruptcy petition in 2008, signed by Fullen as the attorney of record. The original petition, schedules, and statement of financial affairs (SoFA), did not disclose Debtors’…
Date: November 3, 2016
Docket Number: 15-6405
Justia Opinion Summary: The City of Chattanooga added a cost-of-living adjustment (COLA) to its Fire and Police Pension Fund in 1980. In 2000, the city amended the COLA for a third time to create a fixed three-percent annual increase in…
Date: November 2, 2016
Docket Number: 15-3238
Justia Opinion Summary: Ohio House Bill No. 663 protects the identity of individuals and entities that participate in the lethal injection process (Participants), not to be disclosed in public records or during judicial proceedings, except in…
Date: October 28, 2016
Docket Number: 16-2490
Justia Opinion Summary: Michigan law forbids voters from exposing their marked ballots to others, Mich. Comp. Laws 168.738(2). The penalty for violation is that the ballot will be rejected and the offender not allowed to vote. Crookston sought…
Date: October 28, 2016
Docket Number: 16-3376
Justia Opinion Summary: A confidential source met Detective Best and stated that two Hispanic men in a silver Lincoln Aviator were moving narcotics from the Chatham Village apartment complex. Best set up surveillance in an unmarked car; within…
Date: October 27, 2016
Docket Number: 15-5925
Justia Opinion Summary: Conway filed a putative class action suit against PRA under the Fair Debt Collection Practices Act and survived a motion to dismiss. PRA offered Conway judgment in his favor. Conway declined. PRA again moved to…
Date: October 26, 2016
Docket Number: 15-2460
Justia Opinion Summary: While on parole, Ritchey allegedly threatened another individual. A parole officer visited Ritchey’s home and found a handgun. He pleaded guilty as a felon in possession. The PSR identified six prior convictions for…
Date: October 24, 2016
Docket Number: 15-6356
Justia Opinion Summary: In 2009, Tennial, an African-American began working as the Business Manager of a UPS Packaging Center. His supervisors noted serious performance deficiencies at that facility over the next two years. Tennial contends…
Date: October 20, 2016
Docket Number: 16-3281
Justia Opinion Summary: Marikasi, a citizen of Zimbabwe, legally entered the U.S. in 2002 on a non-immigrant visitor’s visa with an expiration date of July 18, 2002. On November 25, 2002, Marikasi sought asylum and withholding of removal. She…
Date: October 19, 2016
Docket Number: 15-6112
Justia Opinion Summary: Before accepting a transfer to a Bridgestone facility in North Carolina, Deschamps expressed concern about losing pension credit for his 10 years of employment with Bridgestone in Canada. After receiving assurances from…
Date: October 17, 2016
Docket Numbers: 15-5725, 15-5999
Justia Opinion Summary: Cole, a Memphis police officer, was arrested after leaving a Beale Street nightclub. He filed a class action, alleging that Memphis’s routine practice of sweeping Beale Street at 3 a.m. on weekend nights violated his…
Date: October 14, 2016
Docket Number: 15-1722
Justia Opinion Summary: In response to a phone tip that Courtright had “come out of his room [at the Traveler’s Inn] with a gun and threatened to shoot” the dog of “another resident” at the hotel, Battle Creek Officers Wolf and Rathjen were…
Date: October 14, 2016
Docket Number: 15-2405
Justia Opinion Summary: In 2010, Bonds pled guilty to a drug-conspiracy charge and was sentenced to 120 months’ imprisonment, which represented a significant downward variance from his guideline range of 210 to 262 months. In 2015, the…
Date: October 12, 2016
Docket Number: 13-3968
Justia Opinion Summary: In 1986, a jury found that Hutton murdered Mitchell and attempted to kill another friend. Hutton was convicted of aggravated murder with two death specifications. Following a remand, the Court of Appeals determined…
Date: October 11, 2016
Docket Number: 15-1435
Justia Opinion Summary: In 2008, Huffman found nude pictures of her 12-year-old daughter on a camera belonging to her boyfriend, Thompson. Thompson admitted taking the photos. Huffman turned the camera over to the police. That same day, the…
Date: October 7, 2016
Docket Number: 15-3180
Justia Opinion Summary: Franklin lived with his grandparents and uncle to escape his alcoholic mother’s abuse. As a teenager he began manifesting bizarre behavior and using marijuana. In 1997, when Franklin was 19 years old, his relatives told…
Date: October 7, 2016
Docket Number: 15-3575
Justia Opinion Summary: Sakhawati, a citizen of Bangladesh, was apparently admitted to the U.S. in 1998, using a passport issued to Nessa. She travelled to Canada and was denied refugee status there in 2003. She was granted asylum and…
Date: October 7, 2016
Docket Numbers: 15-4021, 14-3094, 15-4020
Justia Opinion Summary: East of Youngstown’s Center Street Bridge, Allied owns land containing the “LTV tracks.” Mahoning Railroad Company has an easement to use those tracks. Mahoning began parking rail cars on the tracks, which Allied…
Date: October 5, 2016
Docket Number: 15-3703
Justia Opinion Summary: APU holds 5.2 million shares of Amtrak common stock pursuant to the Rail Passenger Service Act, 84 Stat. 1327. The 1997 Amtrak Reform and Accountability Act, 49 U.S.C. 24304 mandated that “Amtrak shall, before October…
Date: October 3, 2016
Docket Numbers: 15-2194, 15-2337, 15-2353, 15-2371, 15-2379
Justia Opinion Summary: In 2013, Detroit filed for municipal bankruptcy, 11 U.S.C. 109(c). The city had $18 billion in debt, 100,000 creditors, negative cash flow, crumbling infrastructure, and could not provide basic police, fire, and…
Date: September 30, 2016
Docket Number: 15-2581
Justia Opinion Summary: Kruger pleaded guilty to possessing pseudoephedrine with the intent to manufacture methamphetamine, 21 U.S.C. 841(c)(1). Kruger was sentenced in 2009. Under the 2008 U.S.S.G. Kruger’s recommended sentencing range was…
Date: September 30, 2016
Docket Number: 15-4066
Justia Opinion Summary: Hilleger, suffering from dementia, heart problems, and arthritis, moved into a Cincinnati assisted-living facility. For four years, Hilleger paid the center’s $4,300 monthly fee. When she ran out of money, her…
Date: September 30, 2016
Docket Number: 15-6377
Justia Opinion Summary: Brookdale Senior Living hired Prather to review documentation related to thousands of Brookdale residents who had received home-health services from Brookdale. Medicare claims regarding those patients were on hold and…
Date: September 30, 2016
Docket Number: 16-3259
Justia Opinion Summary: Jones was arrested in 2013, charged with felonious assault. He pled guilty to a reduced charge on February 3, 2015. At his sentencing hearing that day, the judge imposed an 18-month sentence in the Ohio Department of…
Date: September 30, 2016
Docket Number: 16-8015
Justia Opinion Summary: Ramey filed a pro se Chapter 7 petition and sought permanent waiver of the pre-petition credit counseling requirement of 11 U.S.C. 109(h), arguing incapacity and exigent circumstances. The bankruptcy court found that the…
Date: September 29, 2016
Docket Number: 15-4331
Justia Opinion Summary: On November 17, 2015, the district court entered an order denying Smotherman’s “Motion to Correct Error” filed under FRCP 60(a) in his closed criminal case. To meet the 14-day deadline, any notice of appeal needed to be…
Date: September 28, 2016
Docket Number: 15-2592
Justia Opinion Summary: In 2009, Beckham pleaded guilty without a plea agreement to charges of conspiring to distribute more than 500 grams of cocaine and an unspecified amount of ecstasy. The presentence report relied on the 2009 version of…
Date: September 23, 2016
Docket Number: 15-4398
Justia Opinion Summary: On November 29, 2012, a vehicle sped by Cleveland Police Officers and emitted a loud bang. Thinking that it was a gunshot, the officers radioed their dispatcher, stating that they were shot at by two African-American…
Date: September 23, 2016
Docket Number: 16-3746
Justia Opinion Summary: In addition to removing the names of the deceased, adjudicated incompetents, and felons from its voter rolls, Ohio removess voters who are no longer eligible to vote because they have moved outside their county of…
Date: September 22, 2016
Docket Number: 14-3447
Justia Opinion Summary: Crangle agreed to plead guilty to rape with a recommended sentence of life imprisonment and parole eligibility after 10 years. Crangle acknowledged, “I have been informed that . . . after my release from prison I [May__…
Date: September 22, 2016
Docket Number: 15-2419
Justia Opinion Summary: Shimel pled guilty to second-degree murder and possession of a firearm in the commission of a felony in the shooting death of her husband. After sentencing, the trial court conducted a “Ginther” hearing and concluded…
Date: September 20, 2016
Docket Number: 16-1027
Justia Opinion Summary: The Michigan office of Alix, an international company, administers payroll and benefits for U.S. employees and is directly involved in U.S. hiring. In 2013, Alix hired Brewington, a Texas resident, for its Dallas…
Date: September 19, 2016
Docket Number: 15-3328
Justia Opinion Summary: Amezola-Garcia unsuccessfully attempted to enter the U.S. in 1996 by presenting the resident alien card of another. He agreed to return to Mexico in lieu of exclusion proceedings. In 1997, Amezola-Garcia successfully…
Date: September 14, 2016
Docket Number: 15-6035
Justia Opinion Summary: Six years ago, illegal immigrant Canelas-Amador was charged in Tennessee state court with felony aggravated assault. Canelas-Amador signed a “Waiver of Trial by Jury and Acceptance of Plea of Guilty.” The court approved…
Date: September 14, 2016
Docket Number: 16-5632
Justia Opinion Summary: Sargent pleaded guilty to being a felon in possession of a firearm. He received an enhanced (327-month) sentence under the Armed Career Criminal Act (ACCA) based on convictions for arson; first-degree wanton…
Date: September 13, 2016
Docket Numbers: 15-2330, 15-2329
Justia Opinion Summary: David Alan Smith’s employer, Tasson, was sold to Great Lakes Wine and Spirits. Former Tasson employees were not guaranteed a position with Great Lakes. Each employee had to apply for a Great Lakes job. Smith applied…
Date: September 13, 2016
Docket Number: 15-3719
Justia Opinion Summary: Tanner, Becker, and unindicted co-conspirators collaborated to obtain a mortgage and two lines of credit on an Ohio house, using fraudulent financial information. The primary lender lost $670,000. The other banks lost…
Date: September 13, 2016
Docket Numbers: 16-3691, 16-3603
Justia Opinion Summary: In 2014, Ohio enacted Senate Bills 205 and 216 (amending sections 3509.06-.07, Ohio Revised Code). The Bills required county boards of elections to reject the ballots of absentee voters and provisional voters whose…
Date: September 13, 2016
Docket Number: 16-5143
Date: September 12, 2016
Docket Number: 15-2394
Justia Opinion Summary: When the finances of a Michigan municipality or public school system are in jeopardy, state law, the Local Financial Stability and Choice Act, Public Act 436, allows temporary appointment of an emergency manager, with…
Date: September 9, 2016
Docket Number: 15-1142
Justia Opinion Summary: Richardson, then age 50, began working at Wal-Mart in 2000. Richardson’s evaluations were generally positive. Wal-Mart’s first three levels of employee discipline are “written coachings,” the fourth is termination. The…
Date: September 8, 2016
Docket Numbers: 15-1558, 15-1526
Justia Opinion Summary: Michigan Trooper Ziecina, patrolling I-75, observed Calvetti's minivan abruptly slow and change lanes without signaling. Ziecina followed; the minivan moved at or below the posted minimum speed. Ziecina pulled Calvetti…
Date: September 8, 2016
Docket Number: 15-1779
Justia Opinion Summary: Means, 18 weeks pregnant, went into labor. She went to Mercy Health, the only hospital within 30 minutes of her residence. Doctors diagnosed preterm premature rupture of the membrane, which usually results in a…
Date: September 8, 2016
Docket Number: 15-2301
Justia Opinion Summary: J.G.’s mother, Gohl, enrolled J.G. (age 3) in the Webster School Moderate Cognitive Impairment Program. During the year, his teacher,Turbiak, a 12-year special education teacher, faced criticism that she was overly…
Date: September 7, 2016
Docket Number: 15-3593
Justia Opinion Summary: Ballard and France were framed during Operation Turnaround, a corrupt investigation into the Mansfield, Ohio drug trade by the U.S. Drug Enforcement Agency (DEA) and the Richland County Sheriff’s Office (RCSO). The…
Date: September 7, 2016
Docket Number: 15-4043
Justia Opinion Summary: Okuno was working as an art director with a clothing company when she developed symptoms including vertigo, extreme headaches, memory loss, and abdominal pain. Though she had previously been diagnosed with fibromyalgia…
Date: September 7, 2016
Docket Number: 15-5188
Justia Opinion Summary: In 2000, Hill was arrested, following an undercover investigation into drug-trafficking activities between Baltimore and Charleston. Hill pleaded guilty to conspiracy to distribute more than 100 grams of heroin, 21…
Date: September 7, 2016
Docket Numbers: 16-1969, 16-1800
Justia Opinion Summary: On May 6, 2016, the NLRB (Board) found that the Union had violated the National Labor Relations Act by seeking to undermine prior NLRB judgments. The Union petitioned for review on June 13. The Board cross-petitioned on…
Date: September 6, 2016
Docket Numbers: 16-3357, 16-3352, 16-3350
Justia Opinion Summary: An anonymous caller to the district court clerk’s office complained that an accident might make it difficult for voters to reach the polls before they closed on Ohio’s March 15 primary election. That office relayed the…
Date: September 2, 2016
Docket Numbers: 15-1468, 15-1465
Justia Opinion Summary: Plaintiff purchased a 2006 Chevrolet Cobalt from Car Source for $8,525.00. Plaintiff paid $1,248, using a grant from the state of Michigan. A salesman entered information from her most recent pay stubs and a recent bank…
Date: September 2, 2016
Docket Number: 15-2413
Justia Opinion Summary: Stevens worked for Baker from 1989 until 1996. When his employment ended, Stevens signed a contract in which he promised to maintain the confidentiality of Baker’s trade secrets. In 1999, Stevens sued, alleging failure…
Date: September 1, 2016
Docket Numbers: 15-2434, 15-2136
Justia Opinion Summary: A house fire took the lives of Gavitt’s wife and two daughters. Gavitt, convicted of arson and felony murder, was sentenced to life in prison in 1986. In 2012, the state court granted Gavitt’s unopposed motion for…
Date: August 31, 2016
Docket Number: 15-2277
Justia Opinion Summary: Samaan, a General Dynamics engineer since 1977, believed that the company was using the wrong shock-and-vibration testing methods on Stryker armored vehicles developed for use by the Army in Afghanistan and Iraq, which…
Date: August 31, 2016
Docket Numbers: 15-5845, 15-5844
Justia Opinion Summary: Coleman sold crack cocaine to a DEA informant, pleaded guilty under 21 U.S.C. 841(a)(1), 846, and was sentenced to 92 months of imprisonment and four years of supervised release. Six months before Coleman’s sentence…
Date: August 29, 2016
Docket Number: 15-5889
Justia Opinion Summary: Black drove a truck for Western, one of 48 freight service providers that carry raw paper to Dixie’s Bowling Green factory. Black parked the truck, containing 41,214 pounds of pulpboard rolls, separated by 10-lb. rubber…
Date: August 26, 2016
Docket Number: 13-5459
Justia Opinion Summary: A Kentucky jury sentenced Foley to death for the 1991 shootings the Vaughn brothers. After exhausting all available appeals, Foley moved under 18 U.S.C. 3599(a)(2) and (f) for the district court to appoint counsel and…
Date: August 26, 2016
Docket Number: 15-4402
Justia Opinion Summary: Reyes entered the U.S. from Mexico, without inspection, in 1994; he became a lawful permanent resident in 1998. Reyes is married and has five children, all U.S. citizens. In 2015, Reyes was charged with removability…
Date: August 26, 2016
Docket Number: 16-6107
Justia Opinion Summary: The Libertarian Party filed suit, claiming that Kentucky law unconstitutionally burdens First and Fourteenth Amendment rights to freedom of political association and equal protection by categorizing the Libertarian Party…
Date: August 25, 2016
Docket Number: 15-1390
Justia Opinion Summary: The Supplemental Nutrition Assistance Program (SNAP), overseen by the USDA, is administered by the states, 7 U.S.C. 2011–2036c. An individual is ineligible for SNAP benefits if he is “fleeing to avoid prosecution, or…
Date: August 25, 2016
Docket Numbers: 15-1536, 15-2346, 15-2486
Justia Opinion Summary: Michigan amended its Sex Offender Registration Act (SORA), Mich. Comp. Laws 28.723, so that, in addition to the online public registry of sex offenders’ names, addresses, biometric data, and photographs, it prohibits…
Date: August 25, 2016
Docket Number: 15-2128
Justia Opinion Summary: D.E., then 19 years old, took a wrong turn on his way to a Michigan summer camp and inadvertently ended up at the border with Canada. The toll-booth operator provided him with a laminated card, prepared by Customs and…
Date: August 25, 2016
Docket Number: 16-5051
Date: August 24, 2016
Docket Numbers: 16-5841, 16-5836, 16-5839
Justia Opinion Summary: One sitting judge and two aspiring Kentucky judges challenged the Commonwealth’s Code of Judicial Conduct clauses prohibiting “campaign[ing] as a member of a political organization,” “endors[ing] . . . a candidate for…
Date: August 23, 2016
Docket Number: 15-3854
Justia Opinion Summary: For six decades, the Fair family operated Fair Finance Company in Ohio. In 2002, Durham and Cochran purchased the Company in a leveraged buyout and transformed its factoring operation into a front for a Ponzi scheme, to…
Date: August 23, 2016
Docket Number: 16-3043
Date: August 23, 2016
Docket Number: 16-3561
Justia Opinion Summary: The Ohio election regulation at issue, Senate Bill 238, amends Ohio Revised Code section 3509.01, to allow early in-person voting for 29 days before Election Day. The law previously allowed 35 days for early voting,…
Date: August 22, 2016
Docket Numbers: 14-2542, 14-2482
Justia Opinion Summary: Plaintiffs claim that, in a 2007 Detroit police raid on their home, Geraldine heard a loud boom and went upstairs where an officer put a gun to her face and said, “on the floor.” She explained that she had undergone two…
Date: August 19, 2016
Docket Numbers: 15-2183, 15-2031
Justia Opinion Summary: Kellogg and the Union have a Master Agreement, effective 2012-2015, and the supplemental Memphis Agreement, effective 2010-2013. The Master Agreement grants regular employees various benefits without defining regular…
Date: August 19, 2016
Docket Number: 16-5055
Justia Opinion Summary: In 2002, Deere became the exclusive North American wholesale supplier of Hitachi products. In 2014, Deere notified Rudd, a long-time authorized dealer of Hitachi equipment, of its intent to terminate its dealer…
Date: August 18, 2016
Docket Number: 14-2600
Justia Opinion Summary: ATF investigated the theft of firearms from Michigan gun dealers, leading to two arrests. Both men admitted trading the stolen firearms with Doxey, in exchange for heroin. Another informant stated that Doxey was a heroin…
Date: August 18, 2016
Docket Number: 15-2130
Justia Opinion Summary: The defendant companies, based in China, produce conventional solar energy panels. Energy Conversion and other American manufacturers produce the newer thin-film panels. The Chinese producers sought greater market…
Date: August 17, 2016
Docket Number: 15-1279
Justia Opinion Summary: Detroit Medical Center consists of several not-for-profit hospitals incorporated under Michigan law. The Center overpaid its taxes, entitling it to a refund plus interest. Under the Internal Revenue Code, “corporations”…
Date: August 17, 2016
Docket Numbers: 16-2115, 16-2071
Justia Opinion Summary: Michigan has offered “straight-party” voting since 1891. Previous attempts to eliminate straight-party voting were defeated by referendum. In 2015, the Michigan legislature passed PA 268, eliminating straight-party…
Date: August 16, 2016
Docket Number: 14-3601
Justia Opinion Summary: Luis, a resident of Florida, developed an online personal relationship with Ohio resident, Catherine. The relationship was apparently platonic, but Catherine’s husband, Joseph, was suspicious and secretly installed…
Date: August 16, 2016
Docket Number: 15-3514
Justia Opinion Summary: Deputy Swoap, in his police cruiser near Bowling Green, saw an oncoming car with only one operational headlight. Swoap followed and switched on his overhead lights. Getz did not stop. Swoap followed Getz into a driveway…
Date: August 15, 2016
Docket Number: 14-1247
Justia Opinion Summary: In 2008, Holbrook was convicted of first-degree murder and sentenced to life imprisonment. The Antiterrorism and Effective Death Penalty Act one-year statute of limitations began to run when his conviction became final…
Date: August 15, 2016
Docket Number: 15-6097
Justia Opinion Summary: Puckett retired from the Lexington-Fayette Urban County Government (LFUCG) Division of Police in 2009, after 36 years of service; Vance retired from the LFUCG Division of Fire and Emergency Services in 2010, after 24…
Date: August 12, 2016
Docket Number: 15-6019
Justia Opinion Summary: For more than 40 years, participants in the Tennessee Valley Authority Retirement System (TVARS) received cost-of-living adjustments on top of their investment returns, pension benefits, and supplemental benefits. In…
Date: August 12, 2016
Docket Number: 16-5353
Justia Opinion Summary: In 2002, Patrick pleaded guilty to possession with intent to distribute and distribution of cocaine and cocaine base. The district court determined that he qualified as a career offender under the then-mandatory…
Date: August 11, 2016
Docket Number: 15-6316
Justia Opinion Summary: Under the 2000 Energy Employees Occupational Illness Compensation Program Act a “covered employee” (or her survivor) is entitled to a lump sum payment of $150,000 “for the disability or death of that employee from that…
Date: August 10, 2016
Docket Numbers: 15-3291, 15-3555
Justia Opinion Summary: Tennessee and North Carolina municipalities that provide broadband service would like to expand their networks beyond their current territorial boundaries to underserved nearby areas. State laws either forbid or put…
Date: August 10, 2016
Docket Numbers: 15-6109, 15-6110
Justia Opinion Summary: The amount of additional Medicare reimbursements that a hospital is entitled to receive for serving a disproportionate share of low-income patients depends, in part, on the number of days that the hospital served…
Date: August 9, 2016
Docket Numbers: 15-1611, 15-1433
Justia Opinion Summary: Employees at Caterpillar’s Clayton, Ohio facility voted on whether they would be represented as a union by the UAW; 188 employees voted for representation and 229 voted against. The UAW filed objections to instances of…
Date: August 8, 2016
Docket Number: 15-6132
Justia Opinion Summary: In 2006, plaintiffs procured a mortgage from Regions to purchase a home near the Cumberland River. The National Flood Insurance Act (NFIA) requires mortgagors to obtain flood insurance for properties in flood zones, 42…
Date: August 5, 2016
Docket Number: 15-3335
Justia Opinion Summary: An Ohio State Dental Board-recognized specialist must complete a postdoctoral education program in a specialty recognized by the American Dental Association and limit the scope of his practice to that specialty. The use…
Date: August 4, 2016
Docket Number: 15-3943
Justia Opinion Summary: In 2012, the government charged Scotts Miracle-Gro in the Southern District of Ohio with one misdemeanor count of pesticide misuse (7 U.S.C. 136j(a)(2)(G)), alleging that Scotts sold approximately 73 million units of…
Date: August 4, 2016
Docket Number: 15-8037
Justia Opinion Summary: In 2014, Jackson filed a Chapter 7 Bankruptcy petition. His mortgagee (BOA), sought relief from the stay; abandonment of his residence, a condominium; and in rem relief for two years under 11 U.S.C. 362(d)(4)(B),…
Date: August 3, 2016
Docket Numbers: 15-6286, 16-5116
Justia Opinion Summary: In 2005, the Robertsons borrowed $192,000, secured by a mortgage on their Memphis home. The note was bundled into a mortgage-backed trust with U.S. Bank as designated supervisor; Wilson as trustee, responsible for…
Date: August 2, 2016
Docket Number: 15-1716
Justia Opinion Summary: From 2009-2013, Schleicher worked for Preferred, a Michigan-based company that provides staffing for corporate clients. With his female co-workerPiotrowski, Schleicher led Preferred’s healthcare information technology…
Date: August 2, 2016
Docket Number: 15-2198
Justia Opinion Summary: Applebaum bought a Schwinn mountain bike from Target. The bike had been previously returned. Applebaum claims, and Target denies, that a defective brake was repaired before the bike was resold. Minutes into her first…
Date: August 1, 2016
Docket Numbers: 14-4083, 14-4084, 14-4132, 14-4133, 15-3295, 15-3296, 15-3380, 15-3381
Justia Opinion Summary: Months before the 2012 presidential election, based on a change in state law, Ohio sought to undo a federal consent decree (Decree) that required Ohio to count provisional ballots cast by voters who appeared in the…
Date: August 1, 2016
Docket Number: 15-2027
Justia Opinion Summary: After the government charged him with selling cocaine, Christopher hired a lawyer. Christopher later claimed that, over the course of the representation, the lawyer used cocaine with Christopher more than 20 times,…
Date: August 1, 2016
Docket Number: 15-6130
Justia Opinion Summary: After a jury trial, Stephen Arny, M.D., was convicted of conspiracy to distribute and unlawfully dispense prescription pain medications, 21 U.S.C. 841(a)(1) and 846. Approximately three months later, but before…
Date: July 29, 2016
Docket Number: 16-3537
Justia Opinion Summary: The Libertarian Party challenged Ohio’s ballot qualification law, Rev. Code 3501.38(E)(1), arguing selective enforcement and violation of the Equal Protection Clause. Under the law, a political party may qualify by…
Date: July 29, 2016
Docket Number: 16-5447
Justia Opinion Summary: In 2000, Embry pled guilty to three counts of bank robbery, three counts of being a felon in possession of a firearm, and one count of using a firearm in relation to a crime of violence. In calculating his sentencing…
Date: July 27, 2016
Docket Number: 15-2279
Justia Opinion Summary: Rembisz, an IRS investigator, did not obtain sought-after promotions. He filed an administrative charge of discrimination, claiming ongoing discrimination against his sex (male) and race (Caucasian) or color (white). The…
Date: July 26, 2016
Docket Number: 14-5711
Justia Opinion Summary: On April 28, 2010, Thompson was driving his car erratically on a two-lane Tennessee highway. After nearly colliding head-on with City of Lebanon Police Officer McKinley, Thompson sped away. McKinley gave chase, later…
Date: July 25, 2016
Docket Number: 12-3011
Justia Opinion Summary: In 1999, Brinkley robbed the diner where he worked at gunpoint. In jail, Brinkley, then 32, said he would get his 18 year-old girlfriend, Smith, to post his bond, that he would skip town, and that “I’m going to kill that…
Date: July 22, 2016
Docket Number: 15-6336
Justia Opinion Summary: O’Kroley googled himself and found “Texas Advance Sheet,” followed by “indecency with a child in Trial Court Cause N . . . Colin O’Kroley v Pringle.” O’Kroley was never involved in an indecency case; his case was listed…
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