2016 Sixth Circuit US Court of Appeals Case Law
Opinions 501 - 1000 of 1223
Date: July 21, 2016
Docket Numbers: 14-2512, 14-2495
Justia Opinion Summary: Rios, Casillas, and 29 co-defendants were charged in a “sprawling racketeering indictment” involving the Latin Kings. Count One, under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961, alleged that…
Date: July 21, 2016
Docket Number: 15-3812
Justia Opinion Summary: In 1994, Govindbhai Patel, a citizen of India, sought asylum and employment authorization, stating that he arrived in New York as a visitor in 1993. His wife, Vidhyaben, also applied, asserting that she arrived as a…
Date: July 21, 2016
Docket Number: 15-4297
Justia Opinion Summary: Bickerstaff, a private investigator for Ohio criminal-defense law firms, was conducting an investigation on behalf of a defendant accused of breaking into the Harris house. After speaking with Harris, Bickerstaff…
Date: July 21, 2016
Docket Number: 15-5966
Justia Opinion Summary: In 2001, EQT sold or leased to Journey several oil- and natural-gas-producing properties in Kentucky. Both parties continued to conduct oil and natural-gas operations in the state, but Journey later concluded that EQT…
Date: July 20, 2016
Docket Number: 14-4189
Justia Opinion Summary: Ohio Public Employees Retirement System (OPERS) filed a class action suit alleging securities fraud against Federal Home Loan Mortgage Corporation (Freddie Mac), a government sponsored entity chartered by Congress that…
Date: July 19, 2016
Docket Number: 15-1374
Justia Opinion Summary: In 2007, Harper, then 70 years old and partially paralyzed, allowed McKinney to move into his Michigan home in exchange for chores. On October 22, 2009, Harper's caregiver left the men by themselves. McKinney shot Harper…
Date: July 18, 2016
Docket Number: 15-1682
Justia Opinion Summary: Multi-employer funds established by a collective bargaining agreement (CBA) between the Sheet Metal and Air Conditioning Contractor National Association and the Sheet Metal Worker’s Union sought confirmation of…
Date: July 14, 2016
Docket Number: 14-1670
Justia Opinion Summary: In 1996 (Free Press I), the Sixth Circuit held that the Freedom of Information Act (FOIA), 5 U.S.C. 552, requires government agencies to honor requests for the booking photographs of criminal defendants who have appeared…
Date: July 14, 2016
Docket Number: 15-5324
Justia Opinion Summary: A jury convicted Jones of conspiracy to distribute heroin, 21 U.S.C. 846, three counts of distribution of heroin, 21 U.S.C. 841(a)(1), and three counts of aiding and abetting distribution, 21 U.S.C. 841(a)(1). A…
Date: July 13, 2016
Docket Number: 13-3996
Justia Opinion Summary: In 1992, Messinger was murdered while working at a convenience store overnight. Hill surrendered and provided information, with which police obtained a search warrant for Carter’s apartment, where they recovered the…
Date: July 11, 2016
Docket Number: 15-4095
Justia Opinion Summary: Twelve agents went to Rafidi’s Warren, Ohio, home to execute a search warrant and “pounded” on Rafidi’s door. An agent, looking through a window, saw Rafidi pick up a handgun. The agent yelled, “put the gun down.” Rafidi…
Date: July 11, 2016
Docket Number: 15-4352
Justia Opinion Summary: Construction Contractors (CC), was formed to perform employment functions for regional construction employers, who would transfer funds into CC’s accounts to cover gross payroll, taxes, benefits, and administrative…
Date: July 8, 2016
Docket Numbers: 15-3462, 13-4145, 14-3816
Justia Opinion Summary: In 2011 UJC private jet charter services hired Plaintiff as a co-pilot. After altercations between Plaintiff, a woman, and male pilots, which Plaintiff perceived to constitute sexual harassment, Plaintiff wrote an email…
Date: July 8, 2016
Docket Number: 15-3619
Justia Opinion Summary: The American husband and German wife have lived together in Germany since 2002. They sought damages for complications that arose when a surgical stapler manufactured in Mexico by an American corporation, Ethicon,…
Date: July 7, 2016
Docket Number: 14-5860
Justia Opinion Summary: Cruz was to host a party in his village in Oaxaca, Mexico on New Year’s Day 2006. He went to the municipal hall to deliver invitations, where a man approached and shot him and a bystander. Both men died. The murderer…
Date: July 7, 2016
Docket Number: 14-6227
Justia Opinion Summary: During a 2002 cocaine sale, Thomas held a handgun to Burdette's head and demanded the cocaine. When Burdette refused, Thomas shot him three times in the chest, then fled. Burdette later died. In 2004, Thomas was…
Date: July 7, 2016
Docket Number: 15-3835
Justia Opinion Summary: Shuti, from Albania, entered the U.S. as a permanent resident in 2008 at age 13. In 2014, Shuti and some friends committed a “larceny of marijuana.” Shuti pleaded guilty to felony unarmed robbery, defined as “larceny of…
Date: July 6, 2016
Docket Numbers: 15-3769, 15-3710
Justia Opinion Summary: Under Ohio Rev. Code 1333.85, suppliers manufacture or import alcoholic beverages and must sell their products to state-licensed distributors, who sell to retailers; supplier-distributor franchise agreements are…
Date: July 1, 2016
Docket Number: 15-4244
Justia Opinion Summary: In 1998, Stansell pleaded guilty to sex-related felonies. The Ohio trial court sentenced him to 20 years to life in prison; his direct appeals were unsuccessful. In 2002, a federal district court denied his habeas…
Date: June 30, 2016
Docket Numbers: 14-6461, 14-6406
Justia Opinion Summary: While working amidst a high-wall mining (HWM) system at Southern Coal’s Harlan County mine, Smith, disengaging a conveyor car from the system, inadvertently placed his foot in a “pinch point” that existed between a…
Date: June 30, 2016
Docket Number: 15-2457
Justia Opinion Summary: Pursuant to 30 U.S.C. 185(a), in 1953, the U.S. Forest Service issued Enbridge’s predecessor a permit for use of an 8.10-mile strip within the Lower Michigan National Forest for a crude oil pipeline (Line 5). In 1992,…
Date: June 29, 2016
Docket Numbers: 15-3309, 15-3263
Justia Opinion Summary: Investigators used peer-to-peer software to download child pornography from defendant’s computer. They later confiscated his computer and found 19 videos and 93 images depicting child pornography. Defendant was charged…
Date: June 27, 2016
Docket Number: 13-1761
Justia Opinion Summary: Cooperating witness, “DEA1,” provided information concerning Middleton’s heroin trafficking, including phone numbers DEA1 used to contact Middleton. DEA1 identified Middleton’s residence as the drug distribution point…
Date: June 27, 2016
Docket Number: 15-5739
Justia Opinion Summary: Harrogate, a healthcare provider, participates in Blue Cross networks. Harrogate’s patients sign an “Assignment of Benefits,” allowing Harrogate to bill Blue Cross directly for services. The Provider Agreement allows…
Date: June 23, 2016
Docket Number: 15-1479
Justia Opinion Summary: Ford hired Ferrari in 1996. In 2000, Ferrari suffered a neck injury at work. He was on medical leave for almost two years. Ford then accommodated his restrictions for nine years, in light-work positions, and approved…
Date: June 21, 2016
Docket Number: 15-1054
Justia Opinion Summary: Minor suffers from migraine headaches, injuries from a serious car accident, fibromyalgia, and depression. Minor previously appealed the Social Security Commissioner’s decision to deny her disability claims; in 2013, the…
Date: June 21, 2016
Docket Number: 15-3961
Justia Opinion Summary: In 2010, Eggers fired four shots into a home where he thought his rival, Bryant, was staying. A bullet struck and killed Snyder, the woman both men loved, sparing Bryant. Eggers pled guilty to felony murder. During…
Date: June 17, 2016
Docket Number: 15-6082
Justia Opinion Summary: In 1999, Hosseini’s wife was granted asylum. Hosseini lawfully entered the U.S. as a derivative asylee in 2000. Hosseini sought to obtain permanent resident status, 8 U.S.C. 1159. No action was taken on Hosseini’s…
Date: June 17, 2016
Docket Number: 15-6197
Date: June 16, 2016
Docket Number: 12-2263
Justia Opinion Summary: Binno, a legally blind individual, unsuccessfully applied for admission to law schools. He then filed suit against the American Bar Association (ABA), under the Americans with Disabilities Act (ADA), claiming that his…
Date: June 16, 2016
Docket Number: 15-1431
Justia Opinion Summary: A 2012 event at Allegan High School was intended to educate the public about House Bill 4769, which aimed to limit foreign law’s influence in Michigan. The organizers wanted to warn citizens about the “internal threat…
Date: June 15, 2016
Docket Number: 14-6494
Justia Opinion Summary: Giles was convicted of second-degree manslaughter in 2007. The Supreme Court of Kentucky affirmed his conviction in an opinion dated October 21, 2010. Under Kentucky Rule 76.30(2)(a), the opinion was considered final 21…
Date: June 10, 2016
Docket Number: 14-4231
Justia Opinion Summary: In 2006, the district court adopted a consent order to resolve Dispatch's suit for an accounting of the gold from the S.S. Central America shipwreck. The order required defendants to produce financial documents regarding…
Date: June 10, 2016
Docket Numbers: 15-3759, 15- 3761, 15- 3762, 15- 3763, 15-3764
Justia Opinion Summary: McBride signed a plea agreement after being charged in five jurisdictions with six counts of bank robbery, 18 U.S.C. 2113(a), (d). The agreement included an “understand[ing]” that McBride would be sentenced as a career…
Date: June 8, 2016
Citation: 825 F.3d 311
Docket Number: 14-5369
Justia Opinion Summary: Lee, now 47, moved to the U.S. from South Korea with his family in 1982 and has lived here legally ever since. After completing high school, he became a successful Memphis restaurateur. He also became a small-time drug…
Date: June 7, 2016
Docket Numbers: 15-1544, 15-1551, 15-1552
Justia Opinion Summary: Blue Cross controls more than 60% of the Michigan commercial health insurance market; its patients are more profitable for hospitals than are patients insured by Medicare or Medicaid. BC enjoys “extraordinary market…
Date: June 3, 2016
Docket Number: 15-3782
Justia Opinion Summary: The Tennessee Department of Transportation engaged Mountain States to build two bridges over the Cumberland River at its intersection with Highway 109 in Gallatin. On May 21, 2013, the boom cable of a Terex HC 165 crane…
Date: June 3, 2016
Docket Number: 15-5181
Justia Opinion Summary: Sawyer, with co-defendants, formed A&E to recover salvageable materials (copper, steel, aluminum) from the 300-acre Hamblen County site of the former Liberty Fibers rayon plant, which contained buildings, a water…
Date: June 2, 2016
Docket Numbers: 15-1560, 15-1299
Justia Opinion Summary: Wayne County Sheriff’s Officer Ferris had a confidential source who indicated that a black male was selling crack-cocaine and heroin from his residence. Farris identified individuals associated with that residence,…
Date: May 27, 2016
Docket Number: 14-4029
Justia Opinion Summary: Wang entered the U.S. in 2006 as a nonimmigrant, authorized to remain until September. In November 2006, Wang appeared before an IJ, and after conceding removability, filed an application for asylum, withholding of…
Date: May 25, 2016
Docket Number: 15-5246
Justia Opinion Summary: Hollis pleaded guilty to conspiracy to obtain firearms through fraudulent means and to being a felon in possession of a firearm, 18 U.S.C. 924(a)(1)(A); 922(g)(1). He was indicted on seven counts. The matter was severed…
Date: May 24, 2016
Docket Number: 15-5621
Justia Opinion Summary: In October 2012, and again a year later, General Cable announced that it would reissue several public financial statements because they included material accounting errors. Soon after, City of Livonia Employees’…
Date: May 23, 2016
Docket Number: 14-6191
Justia Opinion Summary: A class of Tennessee residents who applied for Medicaid sought declaratory and injunctive relief, alleging that the delays they have experienced in receiving eligibility determinations on their applications violate 42…
Date: May 23, 2016
Docket Number: 15-5572
Justia Opinion Summary: In 2011, Hogan sued the Life Insurance Company of North America for violating the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001, by denying her benefits claim under a disability insurance policy. The…
Date: May 19, 2016
Docket Numbers: 15-3396, 15-1548
Justia Opinion Summary: In 2010, Craig was hired as a bookkeeper for Bridges. She would sometimes move her hours to a different week to avoid going over 40 hours. After demanding overtime pay, she was terminated and filed suit under the Fair…
Date: May 19, 2016
Docket Numbers: 15-5903, 15-5905
Justia Opinion Summary: When the five investment funds at issue lost nearly 90 percent of their value in 2007-2008, investors lost large sums. Various plaintiffs (investors) initially filed claims with the Financial Industry Regulatory…
Date: May 19, 2016
Docket Number: 15-5905
Date: May 18, 2016
Docket Number: 14-3469
Justia Opinion Summary: Because of zoning by Upper Arlington, a suburb of Columbus, Ohio, Tree of Life Christian Schools could not use its otherwise-unused land and building to operate a religious school. The government denied a rezoning…
Date: May 17, 2016
Docket Number: 15-5362
Justia Opinion Summary: Nashville detectives went to Church’s home to serve him with a warrant for violating probation. Church arrived, carrying food. The detectives placed Church under arrest, agreed to allow him to enter the house and call…
Date: May 17, 2016
Docket Number: 15-6003
Justia Opinion Summary: In 2010, Bail Bonds and Hamza jointly and severally secured a $75,000 appearance bond on behalf of Mohammed-Ali, an Ethiopian national (Hamza’s cousin), charged with smuggling a controlled substance, (khat), into the…
Date: May 16, 2016
Docket Number: 15-1283
Justia Opinion Summary: Montgomery bought a Tassimo, a single-cup coffee brewer manufactured by Kraft Foods, expecting it to brew Starbucks coffee. After the purchase she struggled to find Starbucks T-Discs—single-cup coffee pods compatible…
Date: May 16, 2016
Docket Number: 15-5237
Justia Opinion Summary: Acting on information from Holt, a confidential informant (CI) who had purchased oxycodone from Barnes during three recent controlled buys in coordination with law enforcement, federal agents executed a search warrant on…
Date: May 16, 2016
Docket Number: 15-5429
Justia Opinion Summary: Albert Brumley, author of the gospel song “I’ll Fly Away,” assigned the song’s 1932 copyright to a company. The company subsequently became the property of his son, Robert. Albert died in 1977. Albert’s widow also…
Date: May 13, 2016
Docket Numbers: 14-3761, 14-3798
Justia Opinion Summary: Consumer class actions against Global, on behalf of individuals who purchased gym memberships, alleged improper fees, unfair sales practices, lack of disclosures, improper bank account deductions, and improper handling…
Date: May 13, 2016
Docket Number: 15-3566
Justia Opinion Summary: Pawlak sold firearms to an undercover officer on four occasions. He pled guilty to four counts of possessing a firearm as a felon, 18 U.S.C. 922(g)(1). The court calculated a base offense level of 26 (U.S.S.G.…
Date: May 12, 2016
Docket Number: 15-3175
Justia Opinion Summary: The plaintiffs, Ohio “exotic dancers” who have been arrested on charges ranging from prostitution to drug distribution to assault to witness intimidation, alleged that court clerks in Mahoning County issued arrest…
Date: May 11, 2016
Docket Numbers: 13-2705, 13-2661
Justia Opinion Summary: Michigan charged and tried the named plaintiffs as adults for acts they committed while under the age of 18. Each received a conviction for first-degree murder and a mandatory sentence of life in prison without the…
Date: May 11, 2016
Docket Number: 14-5451
Justia Opinion Summary: Inmate Koprowski was cleaning a fry hood in the prison's food-service area when he fell off a ladder and landed on his back. Koprowski lost feeling in his legs for several minutes and experienced severe pain when he…
Date: May 9, 2016
Docket Number: 15-3551
Justia Opinion Summary: Alco, a vending machine company, contracted with B2B, a “fax broadcaster,” in 2005, and dealt with B2B and Macaw, a Romanian business, that worked with B2B. Each sample advertisement provided by B2B stated that the…
Date: May 6, 2016
Docket Numbers: 14-6290, 1406376
Justia Opinion Summary: Dubrule, a former medical doctor, was convicted of conspiracy to distribute controlled substances, 21 U.S.C. 846, and 44 counts of distributing controlled substances, 21 U.S.C. 841(a)(1). Kim, Dubrule’s wife and medical…
Date: May 6, 2016
Docket Number: 15-5385
Justia Opinion Summary: Edwards worked as a CSX train engineer for 31 years. He arrived at work on May 28, 2012, with an upset stomach. The bathroom in the lead locomotive was “nasty,” Edwards saw and smelled:“[U]rine, human waste, . . . [and]…
Date: May 5, 2016
Docket Number: 15-5530
Justia Opinion Summary: Thomas owns hotels. He purchased 34 acres adjacent to I-24 between Nashville and Chattanooga in 2013 for $160,000, to develop a first-tier hotel. Most of the property is zoned agricultural-residential; a smaller portion…
Date: May 4, 2016
Docket Numbers: 15-3212, 15-3231, 15-3232, 15-3237, 15-3246, 15-3247, 15-3249, 15-3250, 15-3267, 15-3268, 15-3269, 15-3270, 15-3273, 15-3275, 15-3277
Justia Opinion Summary: Sixteen members of the Bergholz, Ohio, Amish community were convicted of hate crimes and obstruction-of-justice, stemming from a spate of hair-cutting and beard-shearing attacks that followed “shunnings” and a split in…
Date: May 4, 2016
Docket Number: 15-3409
Justia Opinion Summary: The IRS conducted a criminal investigation into businesses owned by Rogers and his associates and subsequently seized millions of dollars. Forfeiture actions settled by an agreement executed in August, 2012. Rogers…
Date: April 29, 2016
Docket Number: 15-3553
Justia Opinion Summary: Hensley, born in 1949, was employed as a coal miner for 13 years, before leaving in 1988 after seriously injuring his hand and arm in an accident. He has not worked since. Hensley also smoked cigarettes for 10-12 years,…
Date: April 26, 2016
Docket Numbers: 15-8010, 15-8009
Justia Opinion Summary: Debtor filed a chapter 13 bankruptcy petition in July 2014, listing a debt for delinquent property taxes, “oversecured” by a lien, so that 11 U.S.C. 506(b), authorizes payment of interest. Debtor’s plan proposed 12%…
Date: April 22, 2016
Docket Numbers: 14-3832, 14-3753
Justia Opinion Summary: When the main Youngstown-area crushed-stone supplier discontinued production, RGI, a Sandusky quarry, approached Hardrives, Sabatine's asphalt paving company, to discuss jointly establishing a large RGI distribution…
Date: April 21, 2016
Docket Number: 14-4102
Justia Opinion Summary: Baker, an Ohio concrete construction business, subcontracts its work to smaller firms. In 2000, Baker signed a multi-employer collective bargaining agreement (CBA) between the Reinforced Concrete Contractors Association…
Date: April 21, 2016
Docket Number: 15-5972
Justia Opinion Summary: Fakhouri, a resident of Michigan who uses a wheelchair, traveled to Tennessee for a vacation in summer, 2012. She visited Ober Gatlinburg, a ski resort that also has a year-round amusement park, restaurant, lounge, and…
Date: April 20, 2016
Docket Number: 15-3016
Justia Opinion Summary: OSU hired Szeinbach in 1999 as a tenured professor in the College of Pharmacy, which then included doctors Vazquez (of Spanish origin) and Balkrishnan (of Indian origin). In 2005-2006, Szeinbach allegedly observed…
Date: April 20, 2016
Docket Number: 15-5749
Justia Opinion Summary: HCEA was recognized under the Tennessee Education Professional Negotiations Act (EPNA) as the exclusive representative of Hamilton County Board of Education professional employees. In 2011, HCEA and the Board entered…
Date: April 18, 2016
Docket Number: 15-5548
Justia Opinion Summary: McNeese, a pharmacist, was charged with conspiring to distribute and distributing oxycodone, 21 U.S.C. 841(a)(1), 846, and false recordkeeping, 21 U.S.C. 843(a)(4)(A). His written plea agreement recounted that McNeese…
Date: April 15, 2016
Docket Number: 15-1524
Justia Opinion Summary: Horvath died after being beaten and stabbed by his cellmate, Gillespie, inside the mental-health ward of Michigan’s Wayne County Jail. Richko, as representative of Horvath’s estate, filed suit under 42 U.S.C.1983, 1985,…
Date: April 15, 2016
Docket Number: 15-2224
Justia Opinion Summary: Taskila, age 37, has several health issues. She was involved in serious car accidents in 1996, 2006, and 2010; underwent successful treatment in 2011 for a mass in her breast; and sought treatment for knee pain. She…
Date: April 15, 2016
Docket Number: 15-3336
Justia Opinion Summary: Smith and Johnston divorced; they had two daughters Tiffany, aged 9-11 and Jasmine, 13-15 years old. In March 2012, police entered, purportedly at the invitation of a guest, after child services reported that Smith was…
Date: April 14, 2016
Docket Number: 14-3723
Justia Opinion Summary: Bankston was charged wire fraud, mail fraud, bank fraud, money laundering, identity theft, and a false statement offense in connection with three separate fraudulent schemes. In each scheme, she unlawfully obtained the…
Date: April 14, 2016
Docket Number: 15-5780
Justia Opinion Summary: Bašić, a Balkan native, came to the U.S. in 1994 as a refugee to escape the civil war that was tearing Yugoslavia apart. She settled in Kentucky and became a naturalized citizen. She is now accused in Bosnia, one of…
Date: April 14, 2016
Docket Number: 15-6092
Date: April 13, 2016
Docket Numbers: 14-1805, 14-1572
Justia Opinion Summary: Police arrested men suspected of committing armed robberies at Detroit-area stores. One confessed that the group had robbed nine stores in Michigan and Ohio in 2010-2011, supported by a shifting collection of 15 drivers…
Date: April 12, 2016
Docket Number: 14-5871
Date: April 11, 2016
Docket Number: 14-6490
Justia Opinion Summary: Walker served 19 years in federal prison for distributing cocaine and pointing a gun at the police. Upon his 2013 release, he began five years of supervised release. Walker was upset that his neighbor’s dog repeatedly…
Date: April 8, 2016
Docket Numbers: 15-3311, 15-3313, 15-3312
Justia Opinion Summary: Smith pled guilty to two counts of possessing firearms as a felon under 18 U.S.C. 922(g)(1), and to other federal crimes and was sentenced to 200 months in prison. Smith challenged the enhancement of his sentence under…
Date: April 8, 2016
Docket Number: 15-5578
Justia Opinion Summary: ATF and the Tennessee Bureau of Investigation jointly investigated Henry following a tip from a confidential informant, who had a prior felony conviction. Meeting at Henry’s residence, the CI and an undercover agent…
Date: April 7, 2016
Citation: 821 F.3d 675
Docket Number: 14-3864
Justia Opinion Summary: Maslenjak, an ethnic Serb and native of Bosnia, came to the U.S. in 2000 as a refugee fleeing the civil war in the former Yugoslavia. Maslenjak claimed she and her family feared persecution in Bosnia because her husband…
Date: April 7, 2016
Docket Number: 14-2412
Justia Opinion Summary: In 2009, Patel opened a pharmacy in the building where Dr. Fowler’s clinic operated and hired Shah as the manager. Shah paid Fowler to write prescriptions and send patients to Patel’s pharmacy. Patel introduced Fowler to…
Date: April 6, 2016
Docket Number: 15-1791
Justia Opinion Summary: A confidential informant told ATF agent Kloostra that a man called “D” was selling cocaine out of a particular Flint residence. Kloostra later observed, first-hand, as Dionte Jones emerged from the house, got into a car…
Date: April 6, 2016
Docket Number: 15-3758
Justia Opinion Summary: Zheng, a citizen of China, entered the U.S. without inspection by crossing the Mexican border in 2014, with her 22-year-old son. Following a credible fear interview, in which Zheng claimed that she was arrested by the…
Date: April 6, 2016
Docket Number: 16-3167
Justia Opinion Summary: Graiser, an Ohio citizen, saw a “Buy One, Get One Free” eyeglasses advertisement at the Beachwood, location of Visionworks, a Texas eye-care corporation operating in more than 30 states. According to Graiser, a…
Date: April 4, 2016
Docket Numbers: 15-5037, 14-6013
Justia Opinion Summary: For his role in armed robberies in two different Tennessee counties, a jury convicted Vichitvongsa of two counts of conspiring to commit Hobbs Act robbery, two counts of conspiring to traffic drugs, and four counts of…
Date: March 31, 2016
Docket Number: 14-1635
Justia Opinion Summary: Binford, convicted as a felon in possession of a firearm, 18 U.S.C. 922(g)(1), and of possessing with intent to distribute marijuana, 21 U.S.C. 841(a)(1) and 841(b)(1)(D), was given an enhanced sentence of 180 months’…
Date: March 30, 2016
Docket Number: 14-2295
Justia Opinion Summary: Brown, convicted in 1996 of drug and firearm crimes and of aiding an intentional killing, is “a frequent filer.” He unsuccessfully brought a Civil Rule 60(d) motion for reconsideration of an earlier motion for relief…
Date: March 30, 2016
Docket Number: 14-4204
Justia Opinion Summary: Defendant pleaded guilty to conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and money laundering. The PSR calculated defendant’s criminal history score at eight points,…
Date: March 29, 2016
Docket Number: 14-1499
Justia Opinion Summary: All American, a health agency, purportedly provided a range of therapy-related services at the homes of patients and submitted claims to Medicare for the cost therapy services that were medically unnecessary and not…
Date: March 29, 2016
Docket Number: 15-5288
Justia Opinion Summary: Memphis Officers Dunaway and McMillen were at the Northside Market. Vanterpool, a black male, pulled up to the gas pumps, driving a purple 1993 Caprice. He attempted to pump gas, but the pump was turned off. He went…
Date: March 29, 2016
Docket Number: 15-5806
Justia Opinion Summary: Collazo was driving on I-40. His wife, Cinthia, was the passenger. Officer Hill initiated a traffic stop after concluding that Collazo’s van was following too closely. Hill observed a jar of what appeared to be urine…
Date: March 25, 2016
Docket Number: 15-5438
Justia Opinion Summary: DS attended Rutledge School, 2010-2012 as a seventh and eighth grader, where he was was involved in several verbal and physical altercations with other students. DS and his mother repeatedly complained to school…
Date: March 24, 2016
Docket Numbers: 14-6544, 14-6543
Justia Opinion Summary: Brown was convicted of four counts of distributing heroin and crack cocaine, 21 U.S.C. 841(a)(1), and sentenced to 288 months’ imprisonment. The court also revoked his supervised release. The Sixth Circuit vacated the…
Date: March 23, 2016
Docket Number: 15-5413
Justia Opinion Summary: Great Smoky Mountains National Park, 500,000 acres of public lands in Tennessee and North Carolina. includes parts of the Appalachian Trail. The Park required backcountry visitors to obtain a permit. Some campsites also…
Date: March 22, 2016
Docket Number: 14-3653
Date: March 22, 2016
Docket Number: 14-4166
Justia Opinion Summary: Plaintiff is a 26-bed, for-profit, physician-owned hospital that specializes in acute-care surgical services. Its Dayton-area competitors include the defendant hospitals (Premier Group), which have joint operating…
Date: March 22, 2016
Docket Number: 15-3008
Date: March 22, 2016
Docket Number: 15-3793
Justia Opinion Summary: In 2010 the IRS began to pay unusual attention to applications for exemption from federal taxes under Internal Revenue Code 501(c) coming from groups with certain political affiliations. It used "inappropriate criteria"…
Date: March 21, 2016
Docket Number: 15-5556
Justia Opinion Summary: In 2002, the Cartees placed a deed of trust on their Nashville home to secure a loan from Citizens Bank. Although the recorded deed's acknowledgement declares that it was acknowledged in Alabama, it was executed and…
Date: March 18, 2016
Docket Number: 15-1426
Justia Opinion Summary: An individual and a company filed a putative class action suit alleging that United Parcel Service (UPS) overcharges customers for liability coverage against loss or damage for packages with a declared value of $300 or…
Date: March 15, 2016
Docket Number: 07-3688
Justia Opinion Summary: A jury convicted Adams of burglary, kidnapping, two counts of rape, and three counts of aggravated murder. The court followed the jury’s recommendation and sentenced Adams to death. On appeal, the Supreme Court of Ohio…
Date: March 14, 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 “Muhibun Nessa.” She travelled to Canada and was denied refugee status there in 2003. She was granted asylum and…
Date: March 14, 2016
Docket Number: 15-3654
Justia Opinion Summary: U.S. Bank participates in an FHA-backed mortgage insurance program that encourages lending to high-risk borrowers. U.S. Bank had to certify that it would meet certain requirements, and each time it requested an insurance…
Date: March 11, 2016
Docket Number: 15-5085
Justia Opinion Summary: Nashville Officer Ranney’s confidential informant arranged to meet a suspected drug dealer to purchase cocaine. The informant parked in the lot at the expected time, with officers watching. Another car (matching the…
Date: March 10, 2016
Docket Number: 15-5734
Justia Opinion Summary: Witham claims she was fired from her position as a Louisville hotel general manager because she sought workers’ compensation after sustaining injuries on the job during a confrontation with a non-guest visitor to the…
Date: March 9, 2016
Docket Number: 15-1696
Justia Opinion Summary: Ronald Davis, the owner of a corporation, was liable for over $1 million in unpaid federal employment taxes and penalties. After demands for payment went unanswered, the government filed suit against Ronald to reduce its…
Date: March 7, 2016
Docket Number: 15-3075
Justia Opinion Summary: Relator brought a qui tam action (False Claims Act, 31 U.S.C. 3730(b)), alleging KHN (network of hospitals, physicians, and healthcare facilities) falsely certified its compliance with the Health Information Technology…
Date: March 7, 2016
Docket Number: 15-3156
Justia Opinion Summary: A guest at Ohio social gathering, Grimm, brought a rifle and ammunition to the Sunbury house, where he assembled and invited guests to shoot. At Grimm's direction, Rote loaded the rifle; before the bolt moved into a…
Date: March 7, 2016
Docket Number: 15-5930
Justia Opinion Summary: Taylor was sentenced to 72 months’ imprisonment after pleading guilty to conspiracy to manufacture 5 grams or more of methamphetamine and aiding in maintaining a place for the purpose of manufacturing methamphetamine.…
Date: March 4, 2016
Docket Numbers: 14-5850, 14-5790
Justia Opinion Summary: Honeycutt was in charge of sales and inventory in the Brainerd Army Store, owned by his brother Tony. In 2008, Honeycutt called the Chattanooga Police to ask if the iodine in Polar Pure water purification product could…
Date: March 3, 2016
Docket Numbers: 14-2426, 14-2427, 14-2428
Justia Opinion Summary: The defendants’ 2010-2011 carjacking scheme typically involved one of the Harpers threatening a parking lot valet with a gun while other cohorts would take the keys from a few high-end cars and drive them away. The…
Date: March 3, 2016
Docket Number: 14-8006
Justia Opinion Summary: The Hargers were Jones’ neighbors. Police reports indicate that there were issues between the neighbors for several years. Grad worked for CarMeds, ostensibly owned by Jones’ mother and run by Jones, occasionally…
Date: March 2, 2016
Docket Number: 14-3727
Justia Opinion Summary: Plaintiffs filed a class-action suit against their former employer, Huntington Bank, alleging that the Bank failed to pay overtime compensation as required by the Fair Labor Standards Act, 29 U.S.C. 201-219. Plaintiffs…
Date: March 2, 2016
Docket Number: 14-6063
Justia Opinion Summary: Plaintiffs brought suit under the Fair Labor Standards Act (FLSA) against their employer, FTS, a cable-television business for which the plaintiffs work or worked as cable technicians. The district court certified the…
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