2023 Sixth Circuit US Court of Appeals Case Law
Date: June 6, 2023
Docket Number: 22-1680
Justia Opinion Summary: Officer Layne pulled VanPelt over for driving a car with an illegal window tint and called for backup. When Officer Bennett responded, Layne informed him that “the plate doesn’t come back to the car” and the “car smells…
Date: June 2, 2023
Docket Number: 21-3405
Justia Opinion Summary: Wolverine transports refined petroleum products in its 700-mile pipeline system. These pipelines run from refineries in the Chicago area to terminals and other pipelines in and around Indiana and Michigan. Because…
Date: June 2, 2023
Docket Number: 22-1748
Justia Opinion Summary: H.K., a high-school student, created a fake Instagram account impersonating one of his teachers. The account was benign at first, but became graphic, harassing, and threatening when two of his friends added their own…
Date: June 2, 2023
Docket Number: 22-3699
Justia Opinion Summary: After drunkenly beating his wife and threatening to shoot her with a handgun, Carter pled guilty to possessing a firearm as a felon, 18 U.S.C. 922(g)(1), 924(a)(2). Carter had a prior conviction for felony robbery under…
Date: June 1, 2023
Docket Number: 22-3394
Justia Opinion Summary: Dickson alleges that Direct delivered multiple ringless advertising voicemails (RVMs) directly into his voicemail box, without placing a traditional call to his wireless phone. An RVM placed on November 3, 2017, stated…
Date: May 31, 2023
Docket Number: 21-1521
Justia Opinion Summary: McReynolds and 17 co-defendants were charged with conspiracy to distribute and to possess with intent to distribute heroin and cocaine, 21 U.S.C. 841(a)(1); 846. The government, using circumstantial evidence, argued that…
Date: May 31, 2023
Docket Number: 22-1015
Justia Opinion Summary: During the public comment period in a Zoom meeting of the Grand Traverse County Commission on January 20, 2021, MacIntosh expressed her concern about the Commission’s March 2020 invitation to and endorsement of the Proud…
Date: May 30, 2023
Docket Number: 22-1925
Justia Opinion Summary: Michigan’s 1994 Sex Offender Registration Act (SORA) (amended in 2006 and 2011) imposed registration requirements, restrictions on living and working in a school zone, and reporting requirements. Michigan retroactively…
Date: May 24, 2023
Docket Number: 21-2799
Justia Opinion Summary: In 2011, Gaona fired a gun with the intent to kill a certain individual but accidentally shot and injured a bystander. Gaona pleaded guilty in Michigan state court to assault with intent to murder and possession of a…
Date: May 24, 2023
Docket Numbers: 21-3282, 21-3017, 20-4342
Justia Opinion Summary: At Weatherford’s fracking operations, Hammons directed Ayres to drive a truck outside of his driving certification; Ayres refused, telling his district manager, Crabb, that employees were being asked to drive in…
Date: May 23, 2023
Docket Number: 22-1946
Justia Opinion Summary: After extensive litigation, the United States, Michigan, and five federally recognized tribes entered the Great Lakes Consent Decree of 1985, governing the regulation of Great Lakes fisheries. The subsequent Consent…
Date: May 19, 2023
Docket Numbers: 22-3102, 22-3101
Justia Opinion Summary: The named plaintiffs, former home-health aides, sued A&L under the Fair Labor Standards Act (FLSA), claiming that A&L had paid them less than the correct overtime rate and under-reimbursed their expenses. Plaintiffs may…
Date: May 19, 2023
Docket Numbers: 22-3182, 21-4178
Justia Opinion Summary: The Plan is an employee welfare benefit plan under the Employee Retirement Income Security Act (ERISA). W&S denied Laake’s claim for extended long-term disability (LTD) benefits, indicating that Plan limited LTD benefit…
Date: May 19, 2023
Docket Number: 22-5783
Justia Opinion Summary: Hohenberg and Hanson failed to maintain their Memphis homes. The Environmental Court, a local court that hears cases involving alleged violations of county ordinances, including environmental ordinances, declared…
Date: May 18, 2023
Docket Number: 21-5994
Justia Opinion Summary: Appalachian runs Whitesburg Hospital. In 2007, Hospital nurses went on strike. Appalachian entered into an agreement, under which Nursing provided nurses and agreed to indemnify and defend Appalachian for the negligence…
Date: May 18, 2023
Docket Number: 22-3369
Justia Opinion Summary: After gallbladder surgery, Tranbarger began suffering from multiple medical conditions, including physical pain and chronic fatigue. At work, Tranbarger continued as an accounts receivable manager, a primarily sedentary…
Date: May 17, 2023
Docket Numbers: 22-1024, 22-1038
Justia Opinion Summary: Michigan State Police Officer Lay, stationed about 35 miles from the Indiana state line, noticed a vehicle driving northbound following closely behind another vehicle—a state law infraction. Lay began following the…
Date: May 16, 2023
Docket Number: 21-3498
Justia Opinion Summary: The Tennessee Department of Transportation (TDOT) contracted with Jones to repair State Route 141. The project involved 68,615 tons of “graded solid rock” for the new road's bottom layer. To obtain graded solid rock,…
Date: May 16, 2023
Docket Number: 23-5106
Justia Opinion Summary: Rutherford County, Tennessee law enforcement officers raided 23 stores selling cannabidiol (CBD) products because they falsely believed that such products were illegal under state law. The charges were dropped; the…
Date: May 11, 2023
Docket Number: 22-5625
Justia Opinion Summary: DayCab designs, manufactures, and sells conversion kits that convert a sleeper tractor cab into a tractor that does not have a sleeper unit (a daycab). DayCab’s founder, Wagers, started his conversion kit business in…
Date: May 10, 2023
Docket Number: 21-6179
Justia Opinion Summary: Nashville passed a “sidewalk ordinance.” To obtain a building permit, an owner must grant an easement across their land and agree to build a sidewalk on the easement or pay an “in-lieu” fee that Nashville will use to…
Date: May 10, 2023
Docket Number: 22-3331
Justia Opinion Summary: Banuelos-Jimenez, a native and citizen of Mexico, arrived in the U.S. in 1999. DHS began removal proceedings in 2010. Those proceedings were administratively closed and re-calendared at the Department’s request. In 2017,…
Date: May 5, 2023
Docket Numbers: 22-1045, 22-1044
Justia Opinion Summary: While on supervised release for a 2012 felon-in-possession conviction, Hinojosa shot a man and robbed the man’s companion of drugs and money. A jury convicted him of Hobbs Act robbery, discharging a firearm during that…
Date: May 5, 2023
Docket Number: 22-1786
Justia Opinion Summary: Former inmate Morgan, a devout Muslim, sued Michigan prison officials for allegedly violating his free exercise rights by failing to provide him with meals consistent with his religion after he was transferred to a…
Date: May 5, 2023
Docket Number: 22-3325
Justia Opinion Summary: Turcios-Flores and her husband operated merchant stands in Honduras and were subject to a “war tax” imposed by the MS-13 gang. Turcios-Flores’s husband inherited a farm, where they grew coffee and plantains, careful not…
Date: May 4, 2023
Docket Number: 21-3886
Justia Opinion Summary: The Communications Act of 1934 and the Telecommunications Act of 1996 were enacted to provide all Americans with universal access to telecommunications services. The Federal Communications Commission (FCC) implemented…
Date: May 4, 2023
Docket Number: 22-5725
Justia Opinion Summary: In 1973, the brothers’ father, Marvin, purchased property in Sequatchie County. In 1997, he obtained a $200,000 home equity line of credit. A Deed of Trust was recorded. The terms of the loan required monthly interest…
Date: May 1, 2023
Docket Number: 22-1629
Justia Opinion Summary: Loos and his mother, Renee, lived together on Michigan’s Keweenaw Bay Indian Reservation. Loos suffered from mental health issues and abused drugs. After escalating physical altercations between the two, Loos stabbed…
Date: May 1, 2023
Docket Numbers: 22-3306, 21-4132
Justia Opinion Summary: Howell received medical screenings from nurses employed by NaphCare, which contracts with the Jail to provide medical services. Nurses noted his sickle cell disease diagnosis. Howell returned to the medical unit after he…
Date: April 28, 2023
Docket Numbers: 22-1272, 22-1265
Justia Opinion Summary: When a Michigan county forecloses on a property because its owner has failed to pay property taxes, Michigan law permits the county to obtain ownership of the property outright—even if its value exceeds the taxes owed.…
Date: April 27, 2023
Docket Number: 21-3546
Justia Opinion Summary: White. convicted of four counts of aggravated murder, two counts of attempted murder, two counts of felonious assault, one count of aggravated burglary, three counts of aggravated robbery, and one count of having a…
Date: April 27, 2023
Docket Number: 22-1859
Date: April 26, 2023
Docket Number: 22-5581
Date: April 25, 2023
Docket Number: 20-6380
Justia Opinion Summary: Under the Gun Control Act “it shall be unlawful for any person to transfer or possess a machinegun,” 18 U.S.C. 922(o)(1). The Act incorporates the definition from the National Firearms Act: “machinegun” means any weapon…
Date: April 25, 2023
Docket Number: 21-2908
Justia Opinion Summary: More than 20 years ago, Johns kidnapped her ex-girlfriend at gunpoint and sexually assaulted her. Following her arrest, Johns absconded. After about 16 years, the law caught up to Johns. She was convicted of three…
Date: April 24, 2023
Docket Number: 21-6067
Justia Opinion Summary: The National Center for Missing and Exploited Children (NCMEC) forwarded to the Knoxville Police a CyberTip from Facebook reporting that a 43-year-old male appeared to be using Facebook private messages to entice a…
Date: April 24, 2023
Docket Number: 22-1830
Date: April 21, 2023
Docket Number: 22-1245
Justia Opinion Summary: Consumers alleged that Ford cheated on its fuel economy and emissions testing for certain truck models, including the F-150 and Ranger. The Energy Policy and Conservation Act, 42 U.S.C. 6201, and its regulations control…
Date: April 21, 2023
Docket Number: 22-1566
Justia Opinion Summary: The trustees of three multi-employer benefit funds sued Pro Services under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001, and the Labor Management Relations Act (LMRA), 29 U.S.C. 141, to recover…
Date: April 21, 2023
Docket Number: 22-3283
Justia Opinion Summary: A False Claims Act qui tam action was filed under seal against SHH and its nursing facilities, alleging that SHH provided unreasonable and unnecessary services to claim the highest possible Medicare reimbursement. Three…
Date: April 21, 2023
Docket Number: 22-3600
Justia Opinion Summary: In 2017, the County initiated an administrative tax foreclosure against BSI. The County Board of Revision (BOR) issued its final adjudication of foreclosure in June 2019. Because the County had opted for the alternative…
Date: April 20, 2023
Docket Number: 21-3800
Justia Opinion Summary: Ferguson, a 20-year-old black man, went online, describing his desire to create a militia group and “orchestrate raids for supplies such as weapons and armor.” An FBI informant, “Guiness,” contacted Ferguson on Discord…
Date: April 19, 2023
Docket Number: 23-5232
Justia Opinion Summary: Adams and Mounts mined coal in Kentucky. Both wore respirators to protect their lungs but nevertheless developed pneumoconiosis, a disease caused by inhaled dust particles. They sued 3M and other out-of-state respirator…
Date: April 17, 2023
Docket Number: 21-3073
Justia Opinion Summary: The DEA received a tip from a local pharmacist that Dr. Anderson, an Ohio physician, was seeing patients who had been discharged by other physicians for non-compliance. The pharmacist was one of several who had grown…
Date: April 17, 2023
Docket Number: 21-6037
Justia Opinion Summary: In 2010, Keller and others broke into a Shelby County house occupied by Morrow and Jones and two minor children. Keller threatened the occupants with a gun while demanding money. One assailant repeatedly struck Morrow in…
Date: April 17, 2023
Docket Number: 22-5099
Justia Opinion Summary: Medlin pleaded guilty to kidnapping, 18 U.S.C. 1201(a)(1). Based on a guidelines range of 210-262 months and a maximum sentence of life, the district court took into account Medlin’s history of drug abuse, his parents’…
Date: April 13, 2023
Docket Number: 22-5758
Date: April 11, 2023
Docket Number: 21-6160
Justia Opinion Summary: Responding to a “shots fired” call, officers arrived at an apartment, finding blood on the walls, bullet holes in the TV, broken glass, and items scattered everywhere. Crump, who was incoherent and wearing only a towel,…
Date: April 11, 2023
Docket Number: 22-5135
Justia Opinion Summary: The Lemasters run a Lawrence County, Kentucky towing business, which was on the county’s “rotation list” of companies to call when it needed to order a tow. Both as fire chief and in his towing business, Lemaster sparred…
Date: April 10, 2023
Docket Number: 21-5230
Justia Opinion Summary: Baugh coordinated a 2009 plan to use a gun to steal cocaine from a drug dealer and resell it. He was convicted of conspiracy to possess with intent to distribute cocaine, conspiracy to commit Hobbs Act robbery, and…
Date: April 10, 2023
Docket Number: 22-1388
Justia Opinion Summary: In 2015, Levine, an African-American woman, applied for the position of supervisor of customer services at the main post office in Grand Rapids, Michigan. Levine had then worked for USPS for over 27 years, in a variety…
Date: April 10, 2023
Docket Number: 22-5985
Justia Opinion Summary: In 2020, three individuals opposed the Kentucky Governor’s COVID-19 restrictions on religious gatherings and on interstate travel. They obtained preliminary injunctions against the orders. The case was eventually…
Date: April 7, 2023
Docket Number: 21-2806
Justia Opinion Summary: Gilbert, on parole for a state conviction, was arrested for printing false identifications and credit cards and was returned to the custody of the Michigan Department of Corrections. Federal authorities charged Gilbert…
Date: April 6, 2023
Docket Number: 20-4082
Justia Opinion Summary: Following a 29% drop in Federal Home Loan Mortgage Corporation (Freddie Mac) stock prices in 2007, OPERS, a state pension fund, filed a securities fraud case against Freddie Mac. The district court dismissed, concluding…
Date: April 6, 2023
Docket Number: 22-3243
Justia Opinion Summary: Around midnight, Woolridge walked through an Akron neighborhood where police were searching for a fugitive. Officer Collins approached him and asked for his name. Woolridge turned and ran, tossing several items. Officers…
Date: April 6, 2023
Docket Number: 22-3253
Justia Opinion Summary: In 1991, Jackson was wrongfully convicted of murder. In 2016, the Innocence Project requested from the Cleveland Police documents relating to the investigation, pursuant to the Ohio Public Records Act. Receiving no…
Date: April 4, 2023
Docket Numbers: 21-1617, 20-2239
Justia Opinion Summary: Two gangsters convicted under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961-68, challenged their convictions and sentences, raising an unprecedented legal theory—that district courts must…
Date: April 4, 2023
Docket Number: 22-1406
Justia Opinion Summary: Acuity operates a website that connects people looking to buy or sell homes with a local real estate agent. Acuity’s services are free to home buyers and sellers but realtors pay a fee for referrals. The real-estate…
Date: April 3, 2023
Docket Number: 22-1446
Justia Opinion Summary: In 1987, a Michigan jury convicted Burton of first-degree murder and a firearm charge. He was sentenced to life in prison without the possibility of parole. In 2019, Burton was released from prison and his conviction…
Date: March 31, 2023
Docket Numbers: 21-1434, 21-1466
Justia Opinion Summary: Two brothers were indicted in 2006 and were convicted of possession of crack cocaine with intent to distribute; possession of marijuana with intent to distribute; possession of a firearm in furtherance of a drug…
Date: March 30, 2023
Docket Number: 22-3432
Justia Opinion Summary: Al-Adily is a citizen of Iraq and a lawful U.S. permanent resident. After returning his rental car to Thrifty 163 days past its due date, Al-Adily pleaded guilty to failing to return rental property worth between $1,000…
Date: March 29, 2023
Docket Number: 22-5491
Justia Opinion Summary: Maryville College leased a building to Ruby Tuesday, which used it for corporate retreats. In financial trouble years later, Ruby Tuesday decided to sell its interest in the lease. BNA, a real estate developer, and Ruby…
Date: March 28, 2023
Docket Number: 22-1463
Justia Opinion Summary: The False Claims Act imposes civil liability for “knowingly present[ing], or caus[ing] to be presented, a false or fraudulent claim [to the government] for payment or approval,” 31 U.S.C. 3729(a)(1)(A). Individuals with…
Date: March 28, 2023
Docket Number: 22-3488
Justia Opinion Summary: A man walked into Walgreens wearing clothes with white stains, placed a pack of gum on the counter, asked for cigarettes, then pulled out an apparent handgun. The man fled with the money and the cigarettes, leaving the…
Date: March 24, 2023
Docket Number: 21-6189
Justia Opinion Summary: Ward twice received medical treatment at Stonecrest after signing agreements, stating that Ward was responsible for charges not covered by insurance and that Stonecrest may “utilize the services of a third party" as an…
Date: March 22, 2023
Docket Number: 21-1741
Justia Opinion Summary: Kennedy was charged with conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine, fentanyl, heroin, and crack cocaine, 21 U.S.C. 846, 841, and distribution of methamphetamine,…
Date: March 21, 2023
Docket Number: 21-6056
Justia Opinion Summary: Robinson pleaded guilty to possessing a firearm as a felon and possessing drugs with the intent to distribute them. During his supervised release term, Robinson was stopped, purportedly for a tinted-window infraction.…
Date: March 21, 2023
Docket Number: 22-1441
Justia Opinion Summary: A 2008 Michigan initiative decriminalized marijuana for medical purposes; a 2016 law afforded legal status to medical marijuana dispensaries. In Detroit, the Buildings, Safety Engineering, and Environmental Department…
Date: March 20, 2023
Docket Numbers: 22-1504, 22-1505
Justia Opinion Summary: Harris went to the store, argued with a clerk, left the store, and entered the laundromat next door where his friend, Henderson, worked. Harris asserts that while he was between the buildings, the clerk came out, pointed…
Date: March 20, 2023
Docket Number: 22-5200
Justia Opinion Summary: In 2019, Morgan began employment as Disciplinary Counsel for the Board of Professional Responsibility of the Supreme Court of Tennessee. During a disciplinary proceeding, Manookian, whose law license had been suspended,…
Date: March 17, 2023
Docket Number: 21-1655
Justia Opinion Summary: Moss purchased cocaine from a DEA informant and was charged with possession with intent to deliver 1,000 or more grams of cocaine and possession of a firearm during the commission of a felony. Moss’s first attorney moved…
Date: March 17, 2023
Docket Numbers: 22-1605, 22-1185, 22-1197
Justia Opinion Summary: Following the Flint Water Crisis, thousands of cases were brought for the various harms minors, adults, property owners, and business owners endured as a result of lead-contaminated water. Putative class action lawsuits…
Date: March 17, 2023
Docket Numbers: 22-5268, 22-5556
Justia Opinion Summary: M.Q., a student attending public school in Knox County, Tennessee, was diagnosed with autism. M.Q. is largely nonverbal and has developmental delays in communication skills, social/emotional behavior, and pre-vocational…
Date: March 17, 2023
Docket Number: 22-5346
Justia Opinion Summary: Cash died when a hammermill shredder exploded at his workplace. The Tennessee Occupational Safety and Health Administration (TOSHA) determined that the explosion was primarily caused by the accumulation of combustible…
Date: March 16, 2023
Docket Number: 22-3072
Justia Opinion Summary: Simmonds ran a drug-trafficking conspiracy. During traffic stops, officers seized large quantities of fentanyl from co-conspirators acting under Simmonds’s instructions. Investigators also searched an apartment and four…
Date: March 15, 2023
Docket Number: 21-3795
Date: March 15, 2023
Docket Numbers: 22-8020, 22-8018
Justia Opinion Summary: The Debtor filed a chapter 13 bankruptcy petition. The chapter 13 trustee moved to convert the Debtor’s case to chapter 7 or to dismiss the case with a bar to refiling. The Debtor requested that the motion be denied. …
Date: March 14, 2023
Docket Numbers: 20-2253, 20-2184, 20-2247
Justia Opinion Summary: Rodriguez filed a purported class action, alleging that Hirshberg violated the Fair Debt Collection Practices Act. Because a pending Sixth Circuit case (VanderKodde) would likely resolve the issues, the parties jointly…
Date: March 14, 2023
Docket Number: 22-3303
Date: March 14, 2023
Docket Number: 22-3367
Date: March 14, 2023
Docket Number: 22-3462
Justia Opinion Summary: Smucker’s is a federal contractor that supplies food items to the federal government. In 2021, by Executive Order, President Biden directed all federal contractors to “ensure that all [their] employees [were] fully…
Date: March 13, 2023
Docket Number: 21-5803
Justia Opinion Summary: In 2001, Akridge was convicted of conspiring to distribute at least 50 grams of crack cocaine; possessing with intent to distribute crack cocaine; possessing a firearm in furtherance of a drug-trafficking crime; and…
Date: March 13, 2023
Docket Number: 22-5586
Justia Opinion Summary: A government informant arranged to buy meth at Kilbourne’s home. When the informant arrived, Kilbourne was not there. The informant purchased meth from Reinberg and asked Reinberg about purchasing a gun. Reinberg stated…
Date: March 10, 2023
Docket Number: 22-3289
Justia Opinion Summary: Based on nominations, UC awarded “triumph cords” to graduating students who had overcome adversity. UC did not vet the nominees and unintentionally awarded a cord to a convicted sex offender. Goldblum, UC’s Title IX…
Date: March 6, 2023
Docket Number: 22-5417
Justia Opinion Summary: Before 2017, B. lived in Illinois; he had no formal mental health diagnoses. B.’s school records reflected that he was meeting academic and behavioral expectations with no safety plan, individualized education program…
Date: March 3, 2023
Docket Number: 22-5487
Justia Opinion Summary: The 2020 Horseracing Safety and Integrity Act created a national framework to regulate thoroughbred horseracing, replacing several state regulatory authorities with a private corporation, the Horseracing Authority, the…
Date: March 1, 2023
Docket Numbers: 21-5734, 21-5742
Justia Opinion Summary: Brothers Marshane and Terry were convicted in 2005 of conspiring to distribute crack and powder cocaine. Each brother had at least two prior convictions for a “felony drug offense.” Their latest convictions required…
Date: March 1, 2023
Docket Numbers: 21-6195, 22-5016
Justia Opinion Summary: Bouye financed a furniture purchase with Winner through a retail installment contract (RIC). Winner supposedly sold the debt to Mariner. Bouye defaulted. Mariner, through its attorney (Bruce), sued in state court to…
Date: February 16, 2023
Docket Number: 22-1563
Justia Opinion Summary: Stryker develops, manufactures, and sells spinal implants and products, and employed Abbas from 2013-2022. Abbas purports to have worked exclusively within Stryker’s finance department. Stryker claims that Abbas worked…
Date: February 15, 2023
Docket Numbers: 21-3972, 21-3974, 21-3982, 21-4070, 21-4128
Justia Opinion Summary: In 1978, Ohio State hired Richard Strauss, M.D., as an assistant professor of medicine. From 1978-1996, Strauss treated students and student-athletes, as the team doctor for multiple sports and as a student health center…
Date: February 14, 2023
Docket Number: 20-3482
Justia Opinion Summary: Jane, a sophomore, reported to Oberlin College’s Title IX office (20 U.S.C. 1681–1688) that she believed her sexual encounters with Doe amounted to sexual misconduct. The office did not inform Doe of the allegations…
Date: February 14, 2023
Docket Number: 22-3318
Date: February 13, 2023
Docket Number: 21-5827
Justia Opinion Summary: Waide encountered the Lexington police after a shed fire occurred on the property next to his. Although no one suspected Waide of being involved with the fire and there was no evidence of arson, the fire investigator…
Date: February 10, 2023
Docket Number: 21-3057
Justia Opinion Summary: The Clean Air Act gives the EPA the authority to establish national ambient air quality standards (NAAQS) for certain pollutants. To achieve, maintain, and enforce those standards, every state develops a State…
Date: February 10, 2023
Docket Number: 21-5530
Justia Opinion Summary: The Everly Brothers (Phil and Don) are known for many musical hits, including Cathy’s Clown, recorded, released, and copyrighted in 1960. The copyrights listed both brothers as authors; both were credited as co-authors…
Date: February 9, 2023
Docket Number: 17-6095
Justia Opinion Summary: In 1985, two people were shot to death in rural Garrard County. Haight, who had escaped from jail days earlier, was captured in a nearby cornfield. During a chase, police discovered the victims’ possessions and both…
Date: February 9, 2023
Docket Number: 22-5407
Justia Opinion Summary: Helphenstine was arrested for drug offenses on April 14 and taken to jail. Around 8:30 p.m. on Sunday, April 16, Helphenstine vomited and was moved to a “detox” cell. A local doctor was contractually obligated to visit…
Date: February 8, 2023
Docket Number: 22-1666
Justia Opinion Summary: Gold was the trustee of Biondo’s Chapter 7 bankruptcy estate. Before the bankruptcy filing, Biondo experienced an automobile accident. Biondo sought exemptions for that claim totaling $35,648.74, to prevent that sum…
Date: February 7, 2023
Docket Number: 21-4014
Justia Opinion Summary: Dream purchased university systems with locations across the country: South University, Argosy University, and the Art Institutes. States had recently brought consumer-protection lawsuits against the seller. Dream had…
Date: February 7, 2023
Docket Number: 22-1328
Justia Opinion Summary: Hrdlicka, a white female, began working for GM in 1989, sculpting vehicle models. In 2017, Hrdlicka was transferred to the Design Academy. She unsuccessfully requested a transfer back to the Sculpting Department.…
Date: February 7, 2023
Docket Number: 22-5598
Date: February 6, 2023
Docket Number: 21-5945
Justia Opinion Summary: Officer Hazlewood applied to a Kentucky state judge for a warrant. In his supporting affidavit, Hazlewood stated that a confidential informant (CI) advised Hazlewood that Sanders was selling heroin/fentanyl from a…
Date: February 6, 2023
Docket Number: 22-3120
Justia Opinion Summary: Hernandez, a citizen of El Salvador, came to the U.S. in 1994, without inspection. In 1999, an IJ ordered him removed in his absence. More than 10 years later, another IJ reopened his removal proceedings. In the…
Date: February 3, 2023
Docket Number: 21-6069
Justia Opinion Summary: The Kentucky Public Service Commission's “fuel adjustment” regulation allows utilities to adjust the rates they charge customers to account for fluctuating fuel costs. Unreasonable charges are disallowed. The Commission…
Date: February 1, 2023
Docket Number: 21-5862
Justia Opinion Summary: A North Carolina social services department received a tip that Michael had engaged in inappropriate sexual contact with his four-year-old stepdaughter. Michael and his family subsequently moved to Kentucky, where…
Date: January 31, 2023
Docket Number: 21-3209
Justia Opinion Summary: Cincinnati police responded to a “shots fired” call..A witness provided a video recording of the incident. The person in the video said that White had pointed a gun at his face and demanded his property. Police observed…
Date: January 30, 2023
Docket Number: 22-3602
Justia Opinion Summary: In 2014, EMS entered into a payment processing agreement with Procom, a business owned by Gaal that sold historical tours. The Agreement was executed by Gaal, who signed a personal-guaranty provision. It contained terms…
Date: January 25, 2023
Docket Number: 21-2685
Justia Opinion Summary: Milman worked as an attorney at Fieger. On March 13, 2020, all schools and daycare facilities closed due to COVID-19. Fieger began exploring remote work. Milman was scheduled to work from home on Wednesday, March 18.…
Date: January 24, 2023
Docket Number: 22-5088
Justia Opinion Summary: Hitch pleaded guilty to theft of multiple firearms from a federally licensed firearms dealer, 18 U.S.C. 922(u), and illegally possessing firearms after having previously been convicted of a felony, 18 U.S.C. 922(g)(1).…
Date: January 23, 2023
Docket Number: 21-3836
Justia Opinion Summary: In May 2020, Koballa died of COVID-19. Hudak, the executrix of Koballa’s estate, sued, asserting negligence and related state-law claims against Elmcroft, an assisted-living facility. Elmcroft removed the case to federal…
Date: January 19, 2023
Docket Number: 22-5329
Justia Opinion Summary: The Tennessee Department of Children’s Services supervises Tennessee’s foster care system, subcontracting much of its day-to-day work to private foster care agencies, including Omni. In 2016, Mikel took custody of “AK,”…
Date: January 18, 2023
Docket Number: 21-1782
Justia Opinion Summary: Palma worked for FCA starting in 2013 and allegedly participated in a scheme that manipulated FCA's new diesel engine’s function during testing to produce artificially impressive results with respect to features that FCA…
Date: January 13, 2023
Docket Number: 21-2914
Justia Opinion Summary: In 2006, Watkins confessed to killing Varner. In jail, he refused to eat and urinated on himself. After four pretrial psychological evaluations, Watkins’s problematic behavior continued at trial; the judge removed him to…
Date: January 13, 2023
Docket Numbers: 21-6026, 21-6043
Justia Opinion Summary: Lawsuits brought by governmental bodies and health clinics alleged that Quest, a wholesale pharmaceutical distributor, engaged in misconduct that contributed to a nationwide epidemic of opioid abuse. The plaintiffs plead…
Date: January 13, 2023
Docket Number: 22-5312
Justia Opinion Summary: CoreCivic operates private prisons. Years ago, the company’s stockholders brought a class action alleging securities fraud. The company settled that suit, and the district court entered final judgment. Three months…
Date: January 12, 2023
Docket Number: 21-6147
Justia Opinion Summary: The 1949 Federal Property and Administrative Services Act concerns the purchase of goods and services on behalf of the federal government, 40 U.S.C. 101. In November 2021, the Safer Federal Workforce Task Force, citing…
Date: January 11, 2023
Docket Number: 21-2868
Justia Opinion Summary: Bachman Farms grows apples in Ohio and protected its 2017 crop with federally reinsured crop insurance from Producers Agriculture. When farmers and private insurers enter a federally reinsured crop insurance contract,…
Date: January 6, 2023
Docket Number: 22-3073
Justia Opinion Summary: Detective Kopchak, investigating drug trafficking, observed Rivers leaving a house, driving a red Nissan Ultima to sell drugs to an informant, and returning to the same house. After days of surveillance, investigators…
Date: January 5, 2023
Docket Number: 22-3390
Justia Opinion Summary: Around 11:14 a.m., Deanna called 911, claiming that she feared for her life because her husband was “threatening [her] with guns,” was on “new medication from the doctor,” and had “tremendous guns” in their house. …
Date: January 5, 2023
Docket Number: 22-5391
Date: January 4, 2023
Docket Number: 22-5317
Justia Opinion Summary: Doe, a high-school student, suffers from a condition that makes her hypersensitive to the everyday sounds of eating food and chewing gum. Doe’s parents unsuccessfully requested that her school ban students from eating or…
Date: January 3, 2023
Docket Number: 22-5437
Justia Opinion Summary: Indicted in Florida and Connecticut, Villa cooperated with prosecutors. Meanwhile, Villa was indicted in Kentucky. Villa was unaware of those charges when he pled guilty (represented by Perez) in the other cases. Those…
