2018 Sixth Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 1090
Date: December 28, 2018
Docket Number: 17-6310
Justia Opinion Summary: Mining’s Chapter 11 bankruptcy proceeding allowed it to continue operating with the goal of restructuring. Its Lenders asserted liens on assets, including cash collateral, 11 U.S.C. 362(c), but consented to the use of…
Date: December 21, 2018
Docket Numbers: 17-6079, 17-6034
Justia Opinion Summary: Defendant issued a life insurance policy to the Decedent. Plaintiff, Decedent’s former wife, is the primary beneficiary; the contingent beneficiaries are Decedent’s “surviving children equally.” Plaintiff and Decedent…
Date: December 21, 2018
Docket Numbers: 18-1233, 17-2171
Justia Opinion Summary: Petitioners, Iraqi nationals, were ordered removed years ago because of criminal offenses they committed in the U.S. Iraq refused to repatriate them, so Petitioners remained under orders of supervision by U.S.…
Date: December 20, 2018
Docket Number: 17-1734
Date: December 20, 2018
Docket Number: 17-1771
Date: December 20, 2018
Docket Numbers: 17-1911, 17-1734, 17-1771
Justia Opinion Summary: Innovation sold 5-Hour Energy. In 2004, it contracted with CN to manufacture and package 5-Hour. Jones, CN's President and CEO, had previously manufactured an energy shot. When the business relationship ended, CN had…
Date: December 20, 2018
Docket Number: 18-3380
Justia Opinion Summary: In 2012, Smith, a recording artist called Bigg Robb, wrote and recorded “Looking for a Country Girl” and registered his copyright. Thomas, called Bishop Bullwinkle, another Southern Soul musician, used the first 12…
Date: December 19, 2018
Docket Number: 17-2168
Justia Opinion Summary: Berry, charged with Conveying False Information Regarding Explosives, 18 U.S.C. 1038(a), allegedly placed a briefcase made to look like a bomb but containing only papers and no explosives, outside a bank. Berry suffers…
Date: December 19, 2018
Docket Number: 17-6453
Justia Opinion Summary: Hosseini fled Iran and obtained asylum in the U.S. in 1999. He later unsuccessfully applied to adjust his legal status to become a lawful permanent resident. The government concluded that Hosseini provided material…
Date: December 18, 2018
Docket Number: 17-3712
Justia Opinion Summary: Gafurova, a citizen of Uzbekistan, entered the U.S. in June 2003, as a visitor. She remained in the U.S. without authorization and applied for Asylum in June 2004. An IJ ordered her removal, characterizing Gafurova’s…
Date: December 18, 2018
Docket Number: 17-4295
Justia Opinion Summary: From 2007-2011, a group led by District employee Palazzo defrauded the Cuyahoga Heights School District. From 2009-2011, Defendant was part of this group. The scheme involved Palazzo submitting fake invoices to the…
Date: December 18, 2018
Docket Number: 18-3076
Justia Opinion Summary: In 2003, Jasso obtained lawful U.S. permanent resident status. More than a decade later, he pled guilty to first-degree home invasion in Michigan. DHS began removal proceedings, arguing that Jasso’s home-invasion…
Date: December 18, 2018
Docket Number: 18-5257
Justia Opinion Summary: Confidential informants learned that Ardd wanted to buy cocaine and connected him with Memphis officer Tellez, posing as an out-of-state cocaine dealer. Before a scheduled meeting, Tellez obtained a warrant to search…
Date: December 17, 2018
Docket Number: 17-4210
Justia Opinion Summary: Petitioner, a citizen of the United Kingdom and a lawful U.S. permanent resident, was convicted of two counts of rape in 2011 under Ohio law. He was charged as removable for being convicted of an aggravated felony under…
Date: December 14, 2018
Docket Number: 18-3137
Justia Opinion Summary: Hernandez-Perez, a Mexican citizen, has lived in the U.S. since 2000. His daughter, L., is a 17-year-old U.S. citizen. Hernandez-Perez has some criminal history, mostly “misdemeanor traffic offenses” but has maintained…
Date: December 13, 2018
Docket Number: 17-1996
Justia Opinion Summary: Logan was a drug courier in a cross-country drug ring from 2004-2007. In total, Logan transported over 150 kilograms of cocaine from California to Michigan. Logan received conflicting advice while considering whether to…
Date: December 12, 2018
Docket Number: 17-6251
Justia Opinion Summary: Hill turned on the sink in a detox cell and let the water overflow. Jailor Hickman punched Hill, knocking him to the floor, severely injuring his jaw. Hickman and Asher kicked Hill while he laid curled on the floor;…
Date: December 11, 2018
Docket Number: 17-3857
Justia Opinion Summary: Doe pleaded guilty to unlawful sexual conduct with a minor. Megan’s Law, Ohio Code section 2950, requires determination of whether a person convicted of a sexually oriented offense is a “sexual predator,” “likely to…
Date: December 10, 2018
Docket Number: 17-5498
Justia Opinion Summary: Deputies responding to a call about a disturbance on county property peered into the car in which Carter was sitting with C.C. and saw “a bag containing green leafy substance” and rolling papers. Believing the bag…
Date: December 6, 2018
Docket Number: 18-3973
Justia Opinion Summary: Veloz-Alonso, a citizen of Mexico, entered the U.S. illegally in the 1990s. He was removed in 1997, 1999, and 2008. In 2018, Veloz-Alonso was discovered again and was indicted for illegal reentry. He pleaded guilty and…
Date: December 6, 2018
Docket Number: 18-5035
Justia Opinion Summary: FAMC and UNB entered into a 2005 Correspondent Loan Purchase Agreement: FAMC would purchase mortgage loans from UNB; UNB made representations and warranties, including that there would be no fact or circumstance that…
Date: December 3, 2018
Docket Number: 18-1660
Justia Opinion Summary: Haddad sued under 42 U.S.C. 1983 alleging his employment was terminated by the Michigan Department of Insurance and Financial Services (MDIFS), for exercising his First Amendment rights. The Sixth Circuit affirmed…
Date: December 3, 2018
Docket Number: 18-3147
Justia Opinion Summary: Wilkerson mined coal for over 25 years. In 1994, he retired from the Island Creek’s Crescent mine, where he had worked most recently as an electrician. In 2012, Wilkers sought benefits under the Black Lung Benefits Act,…
Date: November 30, 2018
Docket Number: 18-5453
Justia Opinion Summary: Brumley injured her back while unloading packages from a UPS truck. After receiving workers’ compensation and taking a leave of absence, Brumley returned to work. Her supervisor sent her home because her return-to-work…
Date: November 28, 2018
Docket Number: 18-6222
Justia Opinion Summary: In 1982, a Tennessee jury convicted Miller of first-degree murder. The court sentenced him to death. In 2012, the Sixth Circuit affirmed the denial of Miller’s federal habeas petition. In November 2018, Miller and other…
Date: November 21, 2018
Docket Numbers: 17-5614, 17-5206, 17-5211, 17-5212, 17-5213, 17-5215, 17-5216, 17-5598
Justia Opinion Summary: In 2006-2008, plaintiffs each applied, unsuccessfully, for Social Security disability benefits, 42 U.S.C. 423(d)(2)(A), 1382c(a)(3)(B). Each plaintiff retained Kentucky attorney Conn to assist with a subsequent hearing.…
Date: November 20, 2018
Docket Number: 17-4229
Justia Opinion Summary: Petitioner, a citizen of Poland, is married to a lawful U.S. permanent resident; their son is a U.S. citizen. Petitioner last entered the U.S., to remain, in 1999. In 2016, DHS charged Petitioner under 8 U.S.C…
Date: November 20, 2018
Docket Number: 18-5148
Justia Opinion Summary: A Tennessee sheriff’s deputy noticed a car swerving over the centerline and tried to perform a traffic stop. The car sped away. After a high-speed chase, the car crashed in the woods. Police found Rockymore in the…
Date: November 14, 2018
Docket Numbers: 17-6033, 17-5970
Justia Opinion Summary: The Tennessee Hospital Association and three hospitals sued, challenging efforts by the Centers for Medicare and Medicaid Services (CMS) to direct states to recoup certain reimbursements made under the Medicaid program. …
Date: November 14, 2018
Docket Number: 18-3351
Justia Opinion Summary: Olagues is a self-proclaimed stock options expert, traveling the country to file pro se claims under section 16(b) of the Securities and Exchange Act of 1934, which permits a shareholder to bring an insider trading…
Date: November 13, 2018
Docket Numbers: 17-6174, 17-6177
Justia Opinion Summary: From 2008-2016, Brennan and Dyer (Defendants) operated Broad Street, to incorporate Tennessee corporations (Scenic City). They claimed that once Scenic City was appropriately capitalized, Defendants would register its…
Date: November 13, 2018
Docket Number: 18-1245
Justia Opinion Summary: Robert died in July 2015, owing a mortgage amount of $113,358.12 on his Detroit home; the monthly mortgage payments. For five months following his death, the mortgage went unpaid. Bayview Loan Servicing sent a…
Date: November 9, 2018
Docket Number: 16-6607
Justia Opinion Summary: In 1992-2006, Snider committed various crimes, including four convictions under Tennessee’s aggravated burglary statute. In 2007, he was convicted of conspiracy to manufacture methamphetamine, 21 U.S.C. 846;…
Date: November 9, 2018
Docket Number: 18-1489
Date: November 5, 2018
Docket Numbers: 17-2195, 17-2196, 17-2197, 17-2313
Justia Opinion Summary: Mother contends that Utica Schools (UCS) violated the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400 because the Individualized Educational Plan (IEP) for her son, Dylan did provide him with a Free…
Date: November 2, 2018
Docket Numbers: 16-4237, 17-3508
Justia Opinion Summary: Williams filed a purported class action against Cleveland, under 42 U.S.C. 1983, alleging that intake procedures at its House of Corrections (HOC), consisting of strip searches and mandatory delousing, violated the…
Date: November 2, 2018
Docket Number: 17-1380
Justia Opinion Summary: Fulton’s Linden, Michigan dental practice filed a purported class action, alleging that it received a fax from Defendants that was an unsolicited advertisement under the Telephone Consumer Protection Act (TCPA), 47…
Date: November 2, 2018
Docket Number: 17-6216
Justia Opinion Summary: In October 2014, Kentucky Educational Television (KET) hosted a debate between the candidates for one of Kentucky’s seats in the U.S. Senate. KET limited the debate to candidates who qualified for the ballot, had…
Date: November 1, 2018
Docket Number: 18-5188
Justia Opinion Summary: Burchett and Jude suffered from serious mental illnesses. Each hired attorney Conn to represent them in applying for Social Security disability benefits, 42 U.S.C. 405(a), which were granted in 2009 and 2010. Conn was…
Date: October 31, 2018
Docket Number: 17-6498
Date: October 31, 2018
Docket Number: 18-3984
Justia Opinion Summary: Plaintiffs challenged the validity of Ohio’s confirmation notices under the National Voter Registration Act (NVRA), 52 U.S.C 20507(b)(2). The district court denied plaintiffs a permanent injunction, except as regards a…
Date: October 30, 2018
Docket Number: 18-8005
Justia Opinion Summary: In 2014, Lane sold her residence to the Deans. They subsequently discovered mold and sued her. The state court submitted the dispute to binding arbitration. The arbitrator awarded the Deans $126,895.57. A Kentucky court…
Date: October 29, 2018
Docket Number: 18-6052
Justia Opinion Summary: In 1984, a Tennessee jury convicted Zagorski of two first-degree murders and sentenced him to death. The Tennessee Supreme Court affirmed the convictions and sentence; state courts denied post-conviction relief. Zagorski…
Date: October 25, 2018
Docket Number: 17-2321
Justia Opinion Summary: In September 2005, the government assessed Chicorel $140,903.52 in income tax for the 2002 tax year. Chicorel died in 2006 having not paid the assessed taxes. On May 4, 2007, Behar, the estate’s personal representative,…
Date: October 24, 2018
Docket Number: 17-3205
Date: October 24, 2018
Docket Number: 18-3231
Justia Opinion Summary: Preçetaj, a citizen of Albania, entered the U.S. without admission in 2000 and filed her first asylum application, averring that “criminal gangs constantly threaten [her] family,” and, “though [her] father is not…
Date: October 22, 2018
Docket Number: 17-5772
Justia Opinion Summary: Havis pled guilty to being a felon in possession of a firearm, 18 U.S.C. 922(g)(1). He had a lengthy criminal record. The district court concluded that his 20-year-old state conviction for selling or delivering cocaine…
Date: October 19, 2018
Docket Number: 17-3993
Justia Opinion Summary: The Sixth Circuit affirmed defendant's conviction for conspiring and attempting to possess, as well as possessing, cocaine with the intent to distribute it. The court held that the district court did not err by denying…
Date: October 18, 2018
Docket Number: 17-5813
Justia Opinion Summary: After federal agents arrested Robert Doggart for plotting to attack an Islamic community at the foothills of the Catskill Mountains, he attempted to plead guilty to making a threat in interstate commerce, a crime…
Date: October 16, 2018
Docket Number: 17-3779
Date: October 16, 2018
Docket Number: 17-6144
Justia Opinion Summary: Tony Gunter injured his shoulder on the job. After Gunter had surgery to repair the injury, his doctor imposed work restrictions. Thinking the restrictions prevented him from performing his job, his employer, Bemis…
Date: October 16, 2018
Docket Number: 18-5157
Justia Opinion Summary: Ritzen Group contracted to buy a piece of property from Jackson Masonry. The sale never went through. Ritzen claimed Jackson breached by providing error-ridden documentation on the eve of the closing deadline, while…
Date: October 15, 2018
Docket Number: 17-1458
Justia Opinion Summary: In 2006, a federal jury convicted Victor Castano of drug and firearms crimes. At a subsequent trial in 2015, Castano was convicted of suborning perjury and obstructing justice regarding the 2006 trial, among other…
Date: October 15, 2018
Docket Number: 17-2285
Justia Opinion Summary: In 2016, commercial air pilot Sean Fitzgerald showed up for work "rip-roaring drunk." He was set to fly in the morning, so he readied the jet for take-off: he conducted a walk-around safety check before entering the…
Date: October 15, 2018
Docket Number: 17-2394
Justia Opinion Summary: Losantiville Country Club hosted unprofitable nonmember events for many years, consistently using those losses to avoid paying tax on its investment income. Because the Internal Revenue Service determined that…
Date: October 15, 2018
Docket Number: 17-4157
Justia Opinion Summary: Officer Joseph Danzy responded to a call about two suspicious men in an Akron neighborhood. He found Rauphael Thomas and Jesse Gray standing on the sidewalk. One thing (a Terry frisk) led to another (a tussle on the…
Date: October 12, 2018
Docket Number: 17-1131
Justia Opinion Summary: Petitioners-appellants John Machacek, Jr. and Marianne Machacek were the sole shareholders of John J. Machacek, Jr., Inc. (Machacek, Inc.), a corporation organized under Subchapter S of the Internal Revenue Code. John…
Date: October 11, 2018
Docket Numbers: 17-2157, 17-2183
Justia Opinion Summary: Defendant-appellant Frank Richardson appealed his conviction for aiding and abetting he use of a firearm during a crime of violence. On his first appeal, the Sixth Circuit affirmed his conviction and sentence in full.…
Date: October 10, 2018
Docket Numbers: 16-4324, 17-3832, 17-3841
Justia Opinion Summary: Connecticut imposed liability for breaches of contract when attended by deception. Unhappy with flanges purchased under a contract with PM Engineered Solutions, Inc. (“Powdered Metal”), Bosal Industries-Georgia, Inc.…
Date: October 10, 2018
Docket Number: 17-5904
Justia Opinion Summary: The district court granted Stephen Mitchell habeas relief and gave him a sentence of time-served with three years of supervised release. Both Mitchell and the United States appealed. Since those appeals were filed, the…
Date: October 10, 2018
Docket Number: 18-5046
Justia Opinion Summary: Plaintiff Mead Vest contended defendant Resolute FP US Inc. breached its fiduciary-duty obligations set forth in the Employee Retiree Income Security Act when it failed to notify her late husband of his right to convert…
Date: October 5, 2018
Docket Number: 18-3173
Justia Opinion Summary: Evendale property owners who wanted to rent their properties had to obtain a permit by allowing the building commissioner to inspect the property or sign a sworn affirmation that the property complied with the code. The…
Date: October 2, 2018
Docket Number: 15-6306
Justia Opinion Summary: Rodriguez-Penton moved from Cuba to the U.S. when he was 15. He is a lawful permanent resident. Rodriguez-Penton was indicted for conspiracy to distribute and possess Oxycodone, retained counsel Butler, and initially…
Date: September 27, 2018
Docket Number: 17-1701
Justia Opinion Summary: Esperion has never generated any revenue, relying solely upon investor funding. Esperion’s sole focus is the development of ETC-1002, a first-in-class oral medication for lowering LDL “bad cholesterol,” a significant…
Date: September 27, 2018
Docket Number: 17-4199
Justia Opinion Summary: After Hickory fired Carter from her job as a nursing assistant in 2007, Carter filed an unlawful discrimination claim with the Ohio Civil Rights Commission. That agency filed a parallel charge with the federal Equal…
Date: September 26, 2018
Docket Number: 17-4316
Justia Opinion Summary: The 1993 Lucasville Prison Riot at the Southern Ohio Correctional Facility began when prisoners overpowered a guard and took his keys. Rioting prisoners ultimately took a dozen guards hostage and gained complete control…
Date: September 26, 2018
Docket Number: 18-3169
Date: September 26, 2018
Docket Number: 18-5683
Justia Opinion Summary: Boucher pleaded guilty to assaulting a member of Congress. The government sought a 21-month sentence, at the low end of Boucher’s guidelines range. The district court sentenced Boucher to 30 days’ imprisonment. The Sixth…
Date: September 25, 2018
Docket Numbers: 17-3904, 17-3917
Justia Opinion Summary: Exel, a shipping broker, sued SRT, an interstate motor carrier, after SRT lost a load of pharmaceuticals owned by Exel’s customer, Sandoz, that was being transported from Pennsylvania to Tennessee. After nearly seven…
Date: September 25, 2018
Docket Number: 17-5647
Justia Opinion Summary: Bullington worked as a Bedford County Sheriff’s Department dispatcher for over eight years. During her employment, Bullington had Hodgkin’s Lymphoma, a form of cancer, which she treated with chemotherapy. The…
Date: September 24, 2018
Docket Number: 17-6155
Justia Opinion Summary: Tennessee Valley Authority (TVA) operates the coal-fired electricity-generating Gallatin Fossil Plant on a part of the Cumberland River called Old Hickory Lake, a popular recreation spot. The plant supplies electricity…
Date: September 24, 2018
Docket Number: 18-5115
Justia Opinion Summary: Kentucky Utilities (KU) burns coal to produce energy, then stores the leftover coal ash in two man-made ponds. Environmental groups contend that the chemicals in the coal ash are contaminating the surrounding…
Date: September 21, 2018
Docket Number: 15-4147
Justia Opinion Summary: On November 22, 1997, around 1:30 a.m., Miles demanded money from brothers Maher and Ziad, outside of Maher’s Cincinnati Save-Way store. The brothers complied but Miles shot them with an assault rifle. Cincinnati police…
Date: September 20, 2018
Docket Number: 17-2129
Justia Opinion Summary: Henderson, a patient with Alzheimer’s disease at Watermark’s nursing home, wandered from her room unattended and died after drinking detergent that she found in a kitchen cabinet. Henderson’s estate filed a wrongful…
Date: September 20, 2018
Docket Number: 17-4245
Justia Opinion Summary: Cincinnati officers obtained a warrant, searched defendants’ home, and found over 2,000 grams of heroin, marijuana, drug-distribution paraphernalia, and a large amount of cash. The district court suppressed the evidence,…
Date: September 20, 2018
Docket Number: 18-5026
Justia Opinion Summary: In September 2016, the Governor of Tennessee convened a special session of the Tennessee General Assembly, concerning federal highway funding. During the session, a member of the House of Representatives moved to expel…
Date: September 19, 2018
Docket Number: 17-2449
Justia Opinion Summary: Local Union 3-G represents employees at Kellogg’s Battle Creek plant and is affiliated with the International Union, which represents employees at additional Kellogg’s plants. “Regular” employees and “non-regular”…
Date: September 19, 2018
Docket Numbers: 17-5784, 17-5785
Justia Opinion Summary: Integrity provides thousands of hourly workers, like Plaintiffs, to fill orders, track merchandise, and process returns at Amazon facilities. Other Plaintiffs were directly employed by Amazon. Plaintiffs claim…
Date: September 18, 2018
Docket Number: 17-3951
Justia Opinion Summary: A Lebanese citizen, Al-Saka married Hashem, a U.S. citizen, in Beirut in 1999. He entered the U.S. in 2001 as a conditional permanent resident based on his marriage to Hashem continuing for at least two years. Just weeks…
Date: September 18, 2018
Docket Number: 17-4190
Justia Opinion Summary: Upper Arlington's Master Plan guides its zoning decisions, emphasizing the need to increase the city’s revenue by attracting business development in the small portion of the city’s land that is devoted to commercial use.…
Date: September 17, 2018
Docket Numbers: 17-6334, 17-6339
Justia Opinion Summary: The Whitis brothers and Pyles drove to Louisville to pick up drugs for distribution. On the way home, Kentucky State Trooper Ramsey noticed their car traveling over the speed limit. Ramsey learned that the car’s owner…
Date: September 11, 2018
Docket Number: 17-6290
Justia Opinion Summary: During a campaign rally at Louisville’s Kentucky International Convention Center, then-candidate Trump spoke for 35 minutes. Plaintiffs attended the rally with the intention of peacefully protesting. Protesters’ actions…
Date: September 7, 2018
Docket Number: 17-1879
Justia Opinion Summary: In 2015, Camp robbed a store at gunpoint. He pled guilty to Hobbs Act robbery, 18 U.S.C. 1951(a); using a firearm during a crime of violence, 18 U.S.C 924(c); and being a felon in possession of a firearm, 18 U.S.C.…
Date: September 7, 2018
Docket Number: 17-2213
Justia Opinion Summary: During her freshman and his junior year at the University of Michigan, John and Jane met at a fraternity party, drank, danced, and eventually had sex. Two days later, Roe filed a sexual misconduct complaint, claiming…
Date: September 6, 2018
Docket Number: 17-4027
Justia Opinion Summary: Plaintiffs' home, on a one-acre lot, displayed no-trespassing signs and was not readily visible to neighbors. The back has a second-story balcony, accessible only from inside the house, and not visible from the front; a…
Date: September 5, 2018
Docket Number: 17-6051
Justia Opinion Summary: Brittany, age 17, her mother, father, and sister, driving home from dinner, were stopped by Erlanger police because of an obstructed license plate. Mother, the driver, was arrested for obstructing a license plate,…
Date: September 4, 2018
Docket Number: 17-3520
Justia Opinion Summary: The Pension Benefit Guaranty Corporation (PBGC) insures uninterrupted payment of benefits under terminated private-sector pension and health plans subject to ERISA, 29 U.S.C. 1001–1461. PBGC is funded by insurance…
Date: September 4, 2018
Docket Number: 18-3287
Justia Opinion Summary: Wogenstahl was convicted of aggravated murder, kidnapping, and aggravated burglary, and was sentenced to death. Following an unsuccessful direct appeal, in 1996, Wogenstahl sought post-conviction relief, asserting…
Date: August 30, 2018
Docket Number: 17-1932
Date: August 30, 2018
Docket Numbers: 17-3538, 17-3500, 17-3537
Justia Opinion Summary: McKnight, a bartender, became friends with Fewlas. McKnight rented an apartment in his duplex. For 17 years, McKnight lived in this upstairs apartment with her boyfriend, Kurt. Fewlas and McKnight did not always get…
Date: August 30, 2018
Docket Number: 18-1170
Date: August 30, 2018
Docket Number: 18-1437
Justia Opinion Summary: Following the 2010 census, Michigan’s Republican-controlled government enacted new legislative and congressional districting plans. Plaintiffs sued in December 2017, alleging the maps violate the Equal Protection Clause…
Date: August 29, 2018
Docket Number: 17-2223
Justia Opinion Summary: Police arrested Bunkley for attempted murder. Although he was convicted, Bunkley was innocent. When the conviction was overturned, Bunkley sued Detroit on a Monell claim, Investigator Moses for malicious prosecution, and…
Date: August 29, 2018
Docket Number: 18-1368
Justia Opinion Summary: Every winter for about 60 years, Tawas, Michigan has been the home of the “Perchville” festival, including a polar bear swim and a fishing contest. The Chamber of Commerce organizes the event and registered the name…
Date: August 28, 2018
Docket Number: 17-2432
Justia Opinion Summary: Price pleaded guilty to bank robbery and was sentenced to 60 months of imprisonment plus three years of supervised release. Price began his first term of supervised release on July 21, 2017. Two urine samples collected…
Date: August 28, 2018
Docket Number: 17-3605
Justia Opinion Summary: Mason, an African-American Ohio resident sued against all 88 Ohio county recorders for violating the Fair Housing Act’s prohibition against making, printing, or publishing “any . . . statement” indicating a racial…
Date: August 27, 2018
Docket Number: 17-5659
Justia Opinion Summary: In 2001, Davis pled guilty to possessing a firearm as a felon, 18 U.S.C. 922(g)(1). He was sentenced under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1) based on three prior Tennessee aggravated assault…
Date: August 24, 2018
Docket Number: 16-2067
Justia Opinion Summary: Robinson and two cohorts sold the victim a large amount of crack cocaine on credit, beat the victim when he was unable to pay, and, extorted from the victim’s parents for roughly $1,000. A Michigan jury convicted…
Date: August 24, 2018
Docket Numbers: 16-5644, 16-5569
Justia Opinion Summary: Seven Counties, a nonprofit provider of mental health services, attempted to file for Bankruptcy Code Chapter 11 reorganization. For decades, Seven Counties has participated in Kentucky’s public pension plan (KERS).…
Date: August 24, 2018
Docket Number: 17-4258
Justia Opinion Summary: In 2004, Jackson was convicted of armed bank robbery, carrying and brandishing a firearm during the bank robbery, and being a felon in possession of a firearm. Based on two prior convictions for Ohio aggravated robbery…
Date: August 23, 2018
Docket Number: 17-1677
Justia Opinion Summary: Pittman's mortgage note requires that Pittman pay $1,980.42 monthly. iServe initially serviced the loan. Pittman failed to make two payments in 2011. iServe granted Pittman a Trial Modification Plan (TPP) under the Home…
Date: August 23, 2018
Docket Numbers: 17-1811, 17-1428
Justia Opinion Summary: In January 2010, 15-year-old Robert arrived at a Detroit Police station wearing no shirt, no shoes, and a pair of shorts. Employees of Wayne County Department of Health Services (DHS) opened an investigation into his…
Date: August 23, 2018
Docket Number: 17-6306
Justia Opinion Summary: Wilden, age 19, and her infant son were involved in a traffic accident with an 18-wheel tractor-trailer. Wilden suffered severe brain damage when her sedan was pulled beneath the side of the trailer in a…
Date: August 23, 2018
Docket Number: 18-5318
Justia Opinion Summary: Convicted on drug and weapons charges in 1996, Charles received a sentence of 35 years. Charles obtained a sentence reduction, to 24 years plus four months) under 18 U.S.C. 3582(c)(2) following the Sentencing…
Date: August 22, 2018
Docket Number: 17-5038
Justia Opinion Summary: Ayers, an experienced Kentucky criminal-defense attorney, was indicted in 2008 on five counts of failing to file state tax returns. Ayers represented himself throughout the 21 months between his indictment and trial, but…
Date: August 21, 2018
Docket Number: 15-6386
Justia Opinion Summary: Lobbins was detained at the Davidson County Criminal Justice Center, awaiting trial on federal charges related to his gang membership. Another gang member, Churchwell, was awaiting trial on state charges of murdering a…
Date: August 21, 2018
Docket Number: 16-2676
Justia Opinion Summary: In 2006, English was convicted of third-degree criminal sexual conduct based on sexual intercourse with a 17-year-old acquaintance while she was asleep. The court sentenced English to 21-180 months’ imprisonment. English…
Date: August 21, 2018
Docket Number: 17-2421
Justia Opinion Summary: Some of KVG’s commercial tenants got caught growing marijuana in their rental units and caused substantial damage to the premises before the police caught them. KVG speedily evicted the tenants and sought coverage from…
Date: August 21, 2018
Docket Number: 17-3502
Justia Opinion Summary: Raja, a citizen of Pakistan, first entered the U.S. in 1990 without inspection. In 1996, Raja pleaded guilty to possession with intent to deliver a controlled substance and was sentenced to three-23.5 months’…
Date: August 20, 2018
Docket Number: 16-3474
Justia Opinion Summary: In 1981, at 18 months old, Carter was removed from his mother, who suffered from schizophrenia. After several foster homes, Carter was adopted when he was 10 years old. In 1997, Carter went to live with his adoptive…
Date: August 20, 2018
Docket Numbers: 18-5002, 17-6527, 17-6528, 17-6542, 18-5001, 18-5002
Justia Opinion Summary: In 2010, the defendants formed PremierTox, a urinalysis testing company: Doctors Peavler and Wood owned a substance abuse treatment company, SelfRefind; Doctor Bertram previously worked for SelfRefind. Bottom and Walters…
Date: August 20, 2018
Docket Numbers: 18-5086, 17-5989
Justia Opinion Summary: L.H. has Down Syndrome. Through second grade, L.H. was “mainstreamed,” i.e., educated in the standard Normal Park School setting, integrated with non-disabled grade-level peers, and taught the standard curriculum, with…
Date: August 17, 2018
Docket Number: 17-3614
Justia Opinion Summary: DEA ordered Miami-Luken, a registered controlled substances pharmaceutical wholesaler, to show cause why its registration should not be revoked, for failing to maintain effective controls against the diversion of…
Date: August 16, 2018
Docket Number: 17-1992
Justia Opinion Summary: In 2008, Midwest hired Plaintiff. In 2015, Plaintiff informed Midwest that she was pregnant. Plaintiff claims her supervisor made negative comments and was annoyed by Plaintiff’s absences for pre-natal appointments.…
Date: August 16, 2018
Docket Number: 17-3262
Justia Opinion Summary: Davis is incarcerated for the assault and murder of Marsha Blakely. His conviction was based on the testimony of an eye-witness, Avery, who changed his story several times before trial. Corroborating evidence permitted…
Date: August 15, 2018
Docket Number: 16-2210
Justia Opinion Summary: Gaffers is a former employee of Kelly, which provides outsourcing and consulting services to firms around the world, including “virtual” call center support, where employees like Gaffers work from home. Gaffers alleged…
Date: August 14, 2018
Docket Number: 16-2742
Justia Opinion Summary: Michigan’s Medicaid waiver program provides individuals with developmental disabilities community-based services. Washtenaw County changed its budgeting method in 2015. Notices sent to recipients acknowledged that…
Date: August 14, 2018
Docket Number: 17-1834
Justia Opinion Summary: After Maslonka robbed two banks to support his drug habit, he pleaded guilty in Michigan state court to armed robbery as a third habitual offender. During his plea-negotiation process, Maslonka began to cooperate with…
Date: August 14, 2018
Docket Number: 17-4181
Justia Opinion Summary: Springer, a Utah physician, began a fellowship at the Cleveland Clinic and enrolled his family in its employee benefit plan, administered by Antares. During the enrollment period, Springer had his 14-month-old son, J.S.,…
Date: August 14, 2018
Docket Number: 18-1418
Justia Opinion Summary: Plaintiffs challenged Michigan’s statutory scheme for resentencing individuals who were convicted of first-degree murder and received mandatory sentences of life without parole for acts they committed as children.…
Date: August 13, 2018
Docket Number: 17-6229
Justia Opinion Summary: Harrington was convicted in 2009 of seven drug offenses, including conspiring to manufacture, distribute, and possess with intent to distribute heroin and at least 50 grams of cocaine base, resulting in death (Count 1);…
Date: August 9, 2018
Docket Number: 17-1909
Justia Opinion Summary: Detroit residents voted to allow the school district to increase property taxes “for operating expenses.“ In 2013, the Downtown Development Authority (DDA) announced its intent to capture some of that tax revenue to fund…
Date: August 7, 2018
Docket Number: 17-6278
Justia Opinion Summary: Atkins, a type II diabetic, occasionally suffers from low blood sugar. She must respond to these episodes by quickly consuming glucose to avoid seizing or passing out. She asked her Dollar General manager if she could…
Date: August 6, 2018
Docket Number: 16-2301
Justia Opinion Summary: Thomas is a Michigan state prisoner who was convicted of several crimes, including assault with intent to commit murder, after he participated in a violent 2005 home invasion. Thomas unsuccessfully challenged in state…
Date: August 6, 2018
Docket Number: 17-2501
Justia Opinion Summary: Auburn bought Chrysler parts for resale to Cypros, which then sold those parts to customers in the Middle East. The FBI raided Cypros’ warehouse and charged its president, Kilani, with trafficking in counterfeit goods.…
Date: August 1, 2018
Docket Number: 17-5725
Justia Opinion Summary: From 2012-2015, Bradley and others drove patients to Detroit doctors, paid them for their prescription refills, and stored the pills in various places, including a house Bradley owned. Bradley recruited O’Neal to live in…
Date: July 31, 2018
Docket Number: 17-1457
Justia Opinion Summary: In 2012, Raines pleaded guilty to possessing a firearm as a convicted felon, 18 U.S.C. 922(g)(1), and possessing cocaine with intent to distribute, 21 U.S.C. 841(a)(1) and (b)(1)(C). The court concluded that Raines was…
Date: July 31, 2018
Docket Number: 17-1998
Justia Opinion Summary: Rogers, an African-American woman, has been employed by HFHS for more than 30 years. After she was denied reclassification as a Senior Consultant, Rogers made an internal complaint of racial and age discrimination. An…
Date: July 31, 2018
Docket Number: 17-3483
Justia Opinion Summary: The Tennessee Department of Transportation hired Jones to repair a collapsed portion of a state highway. The company drilled and blasted a pit less than a mile from the highway, extracting thousands of tons of graded…
Date: July 30, 2018
Docket Number: 17-5580
Justia Opinion Summary: In 2004, Defendant was convicted for felon in possession of a firearm, 18 U.S.C. 922(g)(1)(e); his statutory maximum sentence was 10 years’ imprisonment. The court sentenced Defendant to 24 years, under the residual…
Date: July 30, 2018
Docket Number: 17-5593
Justia Opinion Summary: Plaintiffs each received a letter from GC, a debt collector, notifying them that their credit-card accounts had been referred for collection. The letters contained the name and address of the original creditor and…
Date: July 27, 2018
Docket Number: 17-3641
Justia Opinion Summary: Petitioner's parents, Sunni Muslims, fled Syria before he was born to escape the al-Assad regime. Petitioner was born in Iraq and lived in Yemen. Petitioner obtained a bachelor’s degree in engineering. In 2011,…
Date: July 26, 2018
Docket Number: 17-4200
Justia Opinion Summary: The Federal Mine Safety and Health Review Commission found that ConAg violated the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 815(c), by terminating Groves’s employment in retaliation for his reporting safety…
Date: July 25, 2018
Docket Number: 17-2273
Justia Opinion Summary: Hartman and Ott co-founded Spectrum Tool & Design and divided management responsibilities. Ott was supposed to handle the company’s payroll taxes, which required him to withhold federal taxes from employees’ wages and…
Date: July 24, 2018
Docket Number: 17-4132
Justia Opinion Summary: Artistry, a jewelry wholesaler, sells its products to retailers across the country. Sterling is the largest specialty jewelry retailer in the country. It operates in all 50 States in roughly 1,300 stores, including Kay…
Date: July 23, 2018
Docket Number: 17-2287
Justia Opinion Summary: Cardew, a wheelchair-bound quadriplegic, had a summer internship with Lear Corporation thanks to his cousin, a Lear vice president. Over about three months, Cardew earned $5,502.75. Lear allowed Cardew a 30-hour work…
Date: July 23, 2018
Docket Number: 17-5540
Justia Opinion Summary: Smith was confronted in her yard by McGowan and Jones, who pointed a gun. Shots were fired. Smith’s boyfriend, Goldston, ran to protect her. McGowan ran away. Goldston chased him and returned with a sawed-off shotgun.…
Date: July 20, 2018
Docket Number: 17-5968
Justia Opinion Summary: Defendants service student loans. Parchman, individually and on behalf of others similarly situated, filed suit, alleging violations of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227, which prohibits a party…
Date: July 19, 2018
Docket Number: 17-2397
Justia Opinion Summary: Zank, a U.S. citizen, and Moreno, an Ecuadorian citizen, divorced and had joint custody of BLZ, born in Michigan in 2006. The decree prohibited Moreno from taking BLZ to Ecuador without prior notice to Zank. In 2009,…
Date: July 18, 2018
Docket Number: 17-5125
Justia Opinion Summary: Woodside, a Florida resident, participated in a 24-person conspiracy to distribute pain pills in Middle Tennessee. He pled guilty under 21 U.S.C. 841 and 846. The Sixth Circuit vacated his 170-month so that the district…
Date: July 18, 2018
Docket Number: 17-5815
Justia Opinion Summary: The Isaacs took out a home-equity loan, secured by a mortgage on their home. GMAC did not immediately record the mortgage. While the mortgage remained unrecorded, the Isaacs filed for Chapter 7 bankruptcy. GMAC recorded…
Date: July 18, 2018
Docket Number: 17-6264
Justia Opinion Summary: The DEA bars hospitals from hiring, as an employee with “access to controlled substances,” any doctor who “for cause” has surrendered his registration to handle those substances. The DEA enforced this regulation against…
Date: July 17, 2018
Docket Numbers: 16-6730, 16-5102
Justia Opinion Summary: Farrad was released from custody. Months later, informants reported observing Farrad in possession of firearms. Officer Garrison, using an undercover account, became Farrad's Facebook friend. Farrad’s Facebook photos…
Date: July 17, 2018
Docket Number: 17-3406
Justia Opinion Summary: Wooster hired Hostettler in 2013; she was pregnant. Wooster allowed new employees 12 weeks unpaid maternity leave under the Family and Medical Leave Act (FMLA), 29 U.S.C. 2601–2654, even if they did not otherwise…
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