2022 Sixth Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 952
Date: December 30, 2022
Docket Number: 22-3038
Date: December 29, 2022
Docket Number: 22-3337
Date: December 22, 2022
Docket Number: 21-3400
Justia Opinion Summary: McCall, who pleaded guilty to a conspiracy charge involving heroin possession and distribution in 2015 and was sentenced to 235 months’ imprisonment, moved for compassionate release. He cited as“extraordinary and…
Date: December 22, 2022
Docket Numbers: 21-5054, 21-5133
Justia Opinion Summary: KDE, a thoroughbred racehorse training and care operation, has four locations in Texas, New York, and Kentucky. KDE employed 120-150 employees, including hotwalkers, responsible for walking and bathing the horses to cool…
Date: December 22, 2022
Docket Number: 21-5890
Justia Opinion Summary: Wells was charged with conspiracy to distribute 500 grams or more of methamphetamine. At his request, the magistrate appointed new counsel and granted continuances. The trial was scheduled for May 2021. In April, Wells…
Date: December 21, 2022
Docket Numbers: 22-5150, 22-5151
Justia Opinion Summary: The plaintiffs distribute pamphlets to and try to engage with, women entering abortion clinics, hoping to persuade the women not to end their pregnancies. Louisville-Jefferson County ordinances provide that no one shall…
Date: December 21, 2022
Docket Number: 22-5151
Date: December 19, 2022
Docket Number: 22-5132
Justia Opinion Summary: In 2018, Haynes began dealing drugs as part of a larger drug-trafficking conspiracy near Knoxville, Tennessee. About a year later he was indicted on drug charges. In 2020, Haynes pled guilty to conspiring to possess with…
Date: December 16, 2022
Docket Number: 21-3518
Justia Opinion Summary: Carson was convicted of bank robbery and witness tampering. He was sentenced to 240 months’ imprisonment and ordered to “immediately” begin paying $5,590 in restitution in installments of 25% of his gross monthly income…
Date: December 16, 2022
Docket Number: 22-3113
Justia Opinion Summary: Undercover FBI Agent Hurst made an online post feigning interest in incestuous sexual abuse. An anonymous user, later identified as Sammons, responded. He explained that he babysat his six-year-old niece every two weeks…
Date: December 16, 2022
Docket Number: 22-3379
Justia Opinion Summary: Gragg worked as a driver for 31 years. For the first 26 years, he was an employee of Overnite; after UPS acquired Overnite, he was an employee of UPS. In 2008, UPS reclassified his position from nonunion to union, so…
Date: December 15, 2022
Docket Number: 22-5356
Justia Opinion Summary: Blount who is Black, worked for Stanley for 21 years, most recently as a forklift operator. Blount was warned multiple times against using his phone on the plant floor, in violation of safety policies. On January 31,…
Date: December 13, 2022
Docket Number: 21-3910
Justia Opinion Summary: Warren, Ohio, police officers responded to a call about an unknown disturbance at a gas station in the early morning hours. They found Jones playing loud music from his SUV in the parking lot. Jones turned off the music.…
Date: December 13, 2022
Docket Number: 22-8003
Justia Opinion Summary: Before his daughter (Julie) filed her chapter 7 bankruptcy petition, Wood opened bank accounts in her name with himself as custodian or joint account holder. He, his wife (Margaret), Julie, and another daughter,…
Date: December 12, 2022
Docket Number: 21-2984
Justia Opinion Summary: Bergman crossed the center line, drove into an oncoming truck, and killed its two occupants. Scientists testified that she had prescription drugs (oxycodone, a muscle relaxer, and Adderal) in her system, along with…
Date: December 8, 2022
Docket Number: 22-5689
Justia Opinion Summary: In 2007, Jones was convicted of possessing a methamphetamine mixture with intent to distribute it. Because Jones had twice served time, in California and Nevada, for similar narcotics offenses the court sentenced Jones…
Date: December 5, 2022
Docket Number: 20-6393
Justia Opinion Summary: In 2004, Enriquez-Perdomo a nine-year-old Honduran national, was ordered removed. INS signed a warrant of removal/deportation but never removed her. The 2012 Deferred Action for Childhood Arrivals (DACA), program applied…
Date: December 5, 2022
Docket Number: 21-3418
Justia Opinion Summary: In the 1950s, DuPont began discharging C-8—a “forever” chemical that accumulates in the human body and the environment—into the Ohio River, landfills, and the air surrounding its West Virginia plant. By the 1960s, DuPont…
Date: December 5, 2022
Docket Number: 21-5569
Justia Opinion Summary: Kirkland, a Maryville patrol officer, used her Facebook account to criticize the county sheriff. She belittled his public speaking abilities and referred to his supporters as “brainwashed minions.” Kirkland had…
Date: December 2, 2022
Docket Number: 22-1344
Justia Opinion Summary: Detroit prohibits street vendors from selling their goods within 300 feet of sports arenas or stadiums. After the completion of Little Caesar’s Arena in 2017, the new home of the Red Wings and Pistons, Detroit refused to…
Date: December 1, 2022
Docket Number: 17-5065
Justia Opinion Summary: In August, 1993, Fields, having spent the day drinking alcohol and smoking marijuana, got into a fight with Burton. Burton lived in a duplex owned by Horton. That night, Burton found that she was locked outside. …
Date: December 1, 2022
Docket Number: 21-6146
Justia Opinion Summary: On three occasions, Harrison sold methamphetamine to B.B., a confidential informant who recorded the transactions on video. Police arrested Harrison. B.B. died before trial and was unable to testify about the controlled…
Date: November 29, 2022
Docket Numbers: 22-3702, 22-3497
Justia Opinion Summary: The Air Force ordered over 500,000 service members to get COVID-19 vaccinations. About 10,000 members requested religious exemptions; about 135 of these requests were granted, only to those planning to leave the service.…
Date: November 28, 2022
Docket Number: 21-5762
Justia Opinion Summary: The PROTECT Act of 2003, 117 Stat. 650, required the Sentencing Commission to vary penalties for child-pornography offenses depending on the number of images involved. Addressing a perceived ambiguity in Congress’s…
Date: November 23, 2022
Docket Number: 22-5091
Justia Opinion Summary: The 1985 “Manning Lease” granted the lessee rights to oil and gas on an approximately 100-acre tract of land in Bowling Green that is adjacent to a quarry. There is a long-expired one-year term, followed by a second term…
Date: November 21, 2022
Docket Number: 21-3881
Justia Opinion Summary: Windham was charged with kidnapping, 18 U.S.C. 1201(a)(1) and 18 U.S.C. 2. Windham’s attorney told the court that he had gone over the indictment “word by word” with Windham. The court advised Windham that he was…
Date: November 21, 2022
Docket Numbers: 22-1189, 22-1196
Justia Opinion Summary: The Fox and Puchlak filed purported class actions, alleging that Michigan counties seized property to satisfy property-tax delinquencies, sold the properties, and kept the difference between the sales proceeds and the…
Date: November 21, 2022
Docket Number: 22-1196
Date: November 18, 2022
Docket Numbers: 21-2730, 21-1136, 21-1404, 21-1408
Justia Opinion Summary: Federal, state, and local law enforcement agencies investigated Bravo for drug trafficking. Those investigatory efforts revealed that Bravo sat at the head of an interstate drug trafficking organization: a contact in…
Date: November 18, 2022
Docket Number: 21-3787
Justia Opinion Summary: The 2021 American Rescue Plan Act (ARPA), 42 U.S.C. 802, appropriated $195.3 billion in aid to the states and the District of Columbia. To get the money, states had to certify that they would comply with several…
Date: November 18, 2022
Docket Number: 21-6108
Justia Opinion Summary: The 2021 American Rescue Plan Act (ARPA) set aside $195.3 billion in stimulus funds, to be distributed to states and the District of Columbia. Kentucky and Tennessee challenged ARPA’s requirement that states certify that…
Date: November 18, 2022
Docket Number: 22-1103
Justia Opinion Summary: Wellpath contracted with the jail to provide on-site medical staff and services. Wellpath assigned Dr. Cogswell, to work at the jail. While there, he sexually assaulted three inmates during their visits to the medical…
Date: November 18, 2022
Docket Number: 22-1188
Justia Opinion Summary: Hewittel was convicted of armed robbery and related offenses based solely on the testimony of the victim. Three witnesses—one of them having little relationship with anyone in the case—were prepared to testify in support…
Date: November 18, 2022
Docket Number: 22-5004
Justia Opinion Summary: In 2021, Tennessee enacted a statute that vaccination, masking, and quarantine decisions: “A local health entity or official, mayor, governmental entity, or school does not have the authority to quarantine a person or…
Date: November 16, 2022
Docket Number: 21-2851
Justia Opinion Summary: In 2013, Render started as a line worker at FCA. FCA terminated his employment in 2015, for attendance infractions. Render filed a union grievance and FCA conditionally reinstated him in April 2017, with a one-year…
Date: November 16, 2022
Docket Number: 21-3636
Justia Opinion Summary: Police stopped Jones for a traffic violation. Ignoring demands that he step out of the car, Jones sped off, crashed the car, and ran until he was arrested. Police seized an AR-15 and a handgun from the car. Without a…
Date: November 16, 2022
Docket Number: 21-6024
Justia Opinion Summary: In 2019, Tennessee imposed new requirements for conducting voter-registration activities. The law required individuals to register with the state; complete state-administered “training”; file a “sworn statement” agreeing…
Date: November 16, 2022
Docket Number: 22-3178
Justia Opinion Summary: Yousif, a citizen of Iraq, came to the U.S. in 2000 as a refugee. He became a lawful permanent resident. In 2010, he was convicted of conspiracy to distribute 100 kilograms or more of marijuana. In removal proceedings,…
Date: November 15, 2022
Docket Numbers: 21-6229, 21-6094
Justia Opinion Summary: Ruiz-Lopez was a frequent customer at a Memphis gas station and was friendly with the employees, including Hamid. One day, Ruiz-Lopez stopped at the gas station, carrying his new pistol in his pocket, and made a playful…
Date: November 14, 2022
Docket Number: 22-3784
Justia Opinion Summary: Reho, proceeding pro se, moved for an extension of time to apply for a certificate of appealability and to proceed in forma pauperis on appeal, 83 days after the district court entered judgment denying his 28 U.S.C. …
Date: November 10, 2022
Docket Number: 21-5345
Justia Opinion Summary: Caudill's subsidiary develops nutritional supplements. Jarrow, a dietary-supplement company, solicited Ashurst, Caudill’s Director of Research, who had extensively researched the development of broccoli-seed derivatives…
Date: November 8, 2022
Docket Numbers: 22-1353, 22-1360, 22-1358, 22-1357, 22-1355
Justia Opinion Summary: Officials switched Flint’s municipal water supply from the Detroit Water Department to the Flint River, reviving a dormant treatment plant. Flint residents immediately complained of water that looked, tasted, and smelled…
Date: November 7, 2022
Docket Number: 22-3224
Justia Opinion Summary: The Cincinnati Citizen Complaint Authority investigates alleged police misconduct and usually interviews the relevant officers, complainants, and other witnesses. Officers are required to participate in such…
Date: November 4, 2022
Docket Number: 21-2859
Justia Opinion Summary: Mohamad and Ahmed Hammoud, father and son, each filed a Chapter 7 bankruptcy petition, just over a year apart using the same attorney. The petitions contained their similar names, identical addresses,…
Date: October 28, 2022
Docket Number: 22-5938
Justia Opinion Summary: In September 2022, the Kentucky Judicial Conduct Commission sent letters to Fischer, who is running for the Kentucky Supreme Court, and Winter, who is running for the Court of Appeals, stating that unidentified…
Date: October 26, 2022
Docket Number: 21-3390
Justia Opinion Summary: Lamb was involved in an altercation with a WCI correctional office. Lamb alleges that other correctional officers retaliated by beating him and deploying pepper spray against him while he was handcuffed outside the…
Date: October 24, 2022
Docket Number: 21-1733
Justia Opinion Summary: Stackpole (Purchaser) makes car parts. Precision (Seller) makes automotive subcomponents. In 2014, Seller gave Purchaser quotes on pumps, making “[a]cceptance of order” subject to APQP [Advanced Product Quality…
Date: October 24, 2022
Docket Number: 22-5138
Date: October 20, 2022
Docket Number: 21-5929
Justia Opinion Summary: The Pipeline and Hazardous Materials Safety Administration (within the Department of Transportation (DOT)) found that Polyweave had violated federal regulations and assessed a $14,460 civil penalty. While seeking…
Date: October 19, 2022
Docket Number: 21-6221
Justia Opinion Summary: Memphis attorney Skouteris practiced plaintiff-side, personal injury law. He routinely settled cases without permission, forged client signatures on settlement checks, and deposited those checks into his own account.…
Date: October 18, 2022
Docket Number: 21-4238
Justia Opinion Summary: Stanley filed for Chapter 13 bankruptcy, indicating there was no money owed to him, including “Claims against third parties, whether or not you have filed a lawsuit or made a demand for payment.” The question provided…
Date: October 14, 2022
Docket Number: 22-5085
Justia Opinion Summary: KLPI operates Kroger grocery stores throughout Tennessee. KLPI has a collective bargaining agreement (CBA) with the Union, which represents all retail employees in different retail-store configurations. The Union…
Date: October 13, 2022
Docket Number: 21-1700
Justia Opinion Summary: Oakland County took title to the plaintiffs’ homes under the Michigan General Property Tax Act, which (after a redemption period) required the state court to enter a foreclosure judgment that vested “absolute title” to…
Date: October 12, 2022
Docket Number: 21-6011
Justia Opinion Summary: Wallace, a Kentucky constable, planted evidence in order to enhance the charges against suspects. Officers who had observed him doing so told a supervisor who contacted the FBI. During an undercover sting operation,…
Date: October 11, 2022
Docket Number: 21-3723
Justia Opinion Summary: Colerain Township prohibited the public from posting “inappropriate” or “offensive” comments on the police department’s Facebook page and prohibited the public from making “disrespectful” comments at its board of…
Date: October 7, 2022
Docket Number: 21-2673
Justia Opinion Summary: Lightning, a Delaware start-up company that owns intellectual property protecting designs for a pallet used for transporting cold foods, sought $26 million in outside funding to retire debt, cover operational expenses,…
Date: October 4, 2022
Docket Number: 20-2071
Justia Opinion Summary: Fannie Mae purchases mortgage loans from commercial banks, which enables the lenders to make additional loans, finances those purchases by packaging the mortgage loans into mortgage-backed securities, then sells those…
Date: September 28, 2022
Docket Number: 21-3752
Justia Opinion Summary: Child foster care systems in this country are administered by state governments. The federal government reimburses states for “foster care maintenance payments” that the state makes to certified foster caregivers who…
Date: September 23, 2022
Docket Number: 22-3694
Justia Opinion Summary: Sittenfeld, a former Cincinnati City Council member, was charged with honest-services wire fraud, bribery, and attempted extortion under color of official right. The jury trial comprised nine days. The court did not…
Date: September 21, 2022
Docket Number: 17-2101
Justia Opinion Summary: FBI agents were searching for Davison when they approached King, who has a similar description. King attempted to flee. Officers used force to apprehend King. Bystanders called the police and began filming. Officers…
Date: September 21, 2022
Docket Number: 20-3069
Justia Opinion Summary: In 2010, a jury convicted Mammone of the aggravated murder of his two children and his former mother-in-law, aggravated burglary, violation of a protective order, and attempted arson. Mammone’s mother, his father, and a…
Date: September 21, 2022
Docket Number: 21-5732
Justia Opinion Summary: Will started attending Farragut High School in 2015. Will’s style and his friendships created “a perception that he was alternatively sexually oriented” and affiliated “with the LGBT movement.” According to his parents,…
Date: September 21, 2022
Docket Number: 21-6088
Justia Opinion Summary: A world-famous boxer and a famous MMA fighter faced one another in a legendary fight, produced by Showtime, which allowed individuals to live-stream the fight from Showtime’s website for $99.99. Showtime granted…
Date: September 16, 2022
Docket Number: 21-5074
Justia Opinion Summary: Under the Social Security Act’s Title IV-E program, states receive reimbursements for foster care maintenance payments (FCMPs), 42 U.S.C. 670–676. Title IV-E’s conditions include having a state plan approved by the…
Date: September 14, 2022
Docket Numbers: 21-3991, 21-3981
Justia Opinion Summary: At the Ohio State University, Dr. Strauss allegedly abused hundreds of young men under the guise of performing medical examinations, between 1978-1998. The University placed Strauss on leave in 1996, while it…
Date: September 9, 2022
Docket Number: 21-1441
Justia Opinion Summary: Mayfield manufactures a football helmet accessory that purportedly reduces the severity of football helmet impact when it is installed on an existing football helmet. Mayfield sued the National Operating Committee on…
Date: September 9, 2022
Docket Numbers: 21-2790, 21-2780
Justia Opinion Summary: In 1985, Messing, an attorney, obtained a long-term disability (LTD) insurance policy through Provident. Beginning in 1994, Messing struggled with depression. In 1997, Messing was hospitalized for his depression for more…
Date: September 9, 2022
Docket Number: 21-3023
Justia Opinion Summary: Class Counsel discovered the Social Security Administration's (SSA’s) systemic failure to perform “Subtraction Recalculations” and recovered over $106 million in past-due disability benefits. After performing the…
Date: September 9, 2022
Docket Number: 21-3611
Justia Opinion Summary: Iris and Jose lived with their two children in Usulután, a part of El Salvador that they believed to be controlled by MS-13. They ran a small retail business. In 2016, gang members began extorting Jose, threatening to…
Date: September 9, 2022
Docket Number: 21-5826
Date: September 9, 2022
Docket Number: 21-5962
Justia Opinion Summary: Wild Eggs owns and operates restaurants in Indiana, Ohio, and Kentucky. When the COVID-19 pandemic began, those states imposed Stay-at-Home orders for all “non-essential” businesses. Wild Eggs was forced to suspend…
Date: September 9, 2022
Docket Number: 22-1014
Justia Opinion Summary: Weiser, a Republican donor and chair of the Michigan Republican Party (MRP), and the MRP alleged that an interpretative statement (recall exemption) and a declaratory ruling issued by the Michigan Secretary of State in…
Date: September 9, 2022
Docket Number: 22-3702
Justia Opinion Summary: Secretary of Defense Austin directed that all members of the armed forces be vaccinated against COVID-19. Air Force guidelines allow affected service members to seek exemptions on medical, administrative, and religious…
Date: September 7, 2022
Docket Number: 21-3937
Justia Opinion Summary: Clemons worked as a coal miner for 10 years and smoked two packs per day for 30 years. Clemons suffered and died from COPD. His claims for federal black-lung benefits (30 U.S.C. 901) were denied. An ALJ awarded Mrs.…
Date: September 6, 2022
Docket Numbers: 20-2221, 20-2092
Justia Opinion Summary: A confidential informant notified the Kalamazoo, Michigan, Department of Public Safety (KDPS) that methamphetamine was being sold from 913 Cooper Avenue and that two firearms were in the home. KDPS linked the Gates…
Date: August 31, 2022
Docket Number: 21-2811
Date: August 29, 2022
Docket Number: 21-5044
Justia Opinion Summary: Officers were dispatched to the Campbells’ residence after a 9-1-1 dispatcher received two hang-up calls from the residence. Officer Fox knocked on the door. He did not announce himself as law enforcement. Through the…
Date: August 26, 2022
Docket Number: 21-6193
Justia Opinion Summary: Ethicon manufactures a mesh sling, used to treat stress urinary incontinence, and a posterior mesh “Prolift, “designed to treat pelvic organ prolapse. In 2009, Dr. Guiler surgically implanted both devices to treat…
Date: August 25, 2022
Docket Numbers: 21-1569, 21-2674
Justia Opinion Summary: Corporations with foreign subsidiaries frequently disagree with the IRS about calculating prices in transactions between the U.S. corporation and such subsidiaries. Eaton and the IRS entered advance pricing agreements…
Date: August 25, 2022
Docket Number: 22-8002
Justia Opinion Summary: Richards sold her home six days before filing a chapter 7 bankruptcy petition, netting $36,793.60, which Richards placed into escrow with the Wilkey law firm, which represents Richards in her bankruptcy proceeding.…
Date: August 24, 2022
Docket Number: 21-3942
Justia Opinion Summary: The U.S. Department of Housing and Urban Development (HUD) oversees the Section 8 low-income housing assistance program, 42 U.S.C. 1437f. New Lansing renewed its Section 8 contract with Columbus Metropolitan Housing…
Date: August 23, 2022
Docket Numbers: 21-6155, . 21-5889, . 21-5907
Justia Opinion Summary: ACT publishes “WorkKeys”—“a system of workforce-development assessments that measure skills affecting job performance” and “Skill Definitions,” descriptions of the skills tested by each assessment. ACT collaborated with…
Date: August 22, 2022
Docket Number: 20-6328
Justia Opinion Summary: Several members of the Romania-based “Alexandria Online Auction Fraud Network,” including Nedelcu, were charged with conspiracy to violate RICO, 18 U.S.C 1962(d); conspiracy to commit wire fraud, 18 U.S.C. 1349; and…
Date: August 22, 2022
Docket Number: 21-1432
Date: August 22, 2022
Docket Number: 21-2952
Justia Opinion Summary: PSI helps customers bring products to market. P.B. contacted PSI for assistance with the design, manufacture, and distribution of a custom cosmetics bag (Orgo Bag). PSI submitted a purchase order to its Chinese…
Date: August 22, 2022
Docket Number: 21-5927
Justia Opinion Summary: TVA's “15-foot rule” provided that TVA would remove all trees from rights-of-way if the trees had the potential to grow over 15 feet tall, even if the trees did not pose a threat to power lines. Owners claimed that the…
Date: August 22, 2022
Docket Numbers: 7-3766, 15-4308
Justia Opinion Summary: On November 17, 1997, an Ashtabula Police dispatcher advised officers that Jones, who had outstanding felony warrants, had been spotted. Days earlier, Jones had told his cousin that he “was facing a lot of time” and “was…
Date: August 19, 2022
Docket Number: 21-4067
Justia Opinion Summary: Tantchev, a citizen of Bulgaria, entered the U.S. in 1999, with a business visa. He received lawful permanent resident status in 2012., Tantchev ran a trucking business out of a Chicago warehouse. In 2008, Tantchev…
Date: August 18, 2022
Docket Number: 21-1548
Justia Opinion Summary: Walker Officer Dumond began pursuing Meadows after he passed Dumond on the highway while traveling nearly 90 miles per hour. During the subsequent traffic stop, which was captured on dash-camera footage, Dumond…
Date: August 18, 2022
Docket Number: 21-6038
Justia Opinion Summary: Clark was arrested for obtaining and distributing controlled substances, including cocaine and heroin, and for selling heroin to undercover agents on three occasions, 21 U.S.C. 841(a) and 846. Clark had committed various…
Date: August 17, 2022
Docket Number: 21-2722
Justia Opinion Summary: Paulk pleaded guilty to being a felon in possession of a firearm, 18 U.S.C. 922(g)(1), 921(a), and 924(e). The PSR concluded that three of Paulk’s prior convictions were “violent felon[ies]” as defined by the Armed…
Date: August 16, 2022
Docket Number: 21-1555
Justia Opinion Summary: As special counsel, the law firm of Silverman & Morris recovered $38,000 for the estate in the Village Apothecary bankruptcy proceeding and requested $37,063 in fees. The bankruptcy court, finding that the benefit of the…
Date: August 15, 2022
Docket Number: 21-3966
Justia Opinion Summary: A DEA task force investigated Jacobs, a Kentucky drug dealer. Jacobs sold drugs to a couple who allegedly were “good friends” with the local Commonwealth Attorney (CA). After Jacobs' arrest on state drug-trafficking…
Date: August 12, 2022
Docket Number: 21-2844
Justia Opinion Summary: A physician group fired Post, a nurse-anesthesist, months after she suffered an accident. The group’s subsequent bankruptcy impeded Post’s efforts to hold it liable for employment discrimination under the Americans with…
Date: August 12, 2022
Docket Numbers: 21-5404, 21-5063, 21-5147
Justia Opinion Summary: A Romanian organization, the Alexandria Online Auction Fraud Network (AOAF), used fraudulent online advertisements on websites like eBay, Craigslist, and Amazon to convince unknowing U.S. purchasers to send payments for…
Date: August 12, 2022
Docket Number: 21-5932
Justia Opinion Summary: Years ago, Mynatt an IRS employee, “blew the whistle” to a member of Congress about a “wasteful IRS manager conference” and gave an interview to the Washington Post in which he was critical of his union president. …
Date: August 12, 2022
Docket Number: 22-1011
Justia Opinion Summary: Until their 2017 terminations, the Plaintiffs were employed by Pontiac Hospital. They filed separate EEOC charges, alleging race, gender, and religious discrimination, and retaliation, under Title VII. After EEOC issued…
Date: August 11, 2022
Docket Number: 20-1791
Justia Opinion Summary: The 2008 financial crisis caused GM and Chrysler into bankruptcy. In Europe, Fiat faced similar troubles. Fiat CEO Marchionne forged a relationship with the United Auto Workers (UAW). Fiat negotiated a partial purchase…
Date: August 11, 2022
Docket Number: 21-1329
Justia Opinion Summary: Ozomaro was indicted for possessing with intent to distribute 50 grams or more of methamphetamine. After competency proceedings and the withdrawal of appointed counsel, the court allowed Ozomaro to proceed pro se, with…
Date: August 11, 2022
Docket Number: 21-3975
Justia Opinion Summary: Hackers compromised customer-payment information at several Wendy’s franchisee restaurants. Shareholders took legal action against Wendy’s directors and officers on the corporation’s behalf to remedy any wrongdoing that…
Date: August 10, 2022
Docket Number: 20-5521
Justia Opinion Summary: Fields was charged with possession of 500 grams or more of methamphetamine with intent to distribute, 21 U.S.C. 841(a)(1). The indictment alleged that Fields had two prior Kentucky “final conviction[s] for . . . serious…
Date: August 10, 2022
Docket Number: 21-1620
Justia Opinion Summary: Corrections officer Johnson found Zakora in his bunk, dead from accidental fentanyl toxicity. Earlier, another prisoner allegedly told Johnson and/or Mobley to check on Zakora. Mobley worked the night shift before…
Date: August 10, 2022
Docket Number: 21-2795
Justia Opinion Summary: In a parking lot, Officer Powers approached Shumate’s daughter (Amy) to question why her license plates did not match her car’s registration. Amy did not have insurance and was not allowed to drive home. After Amy…
Date: August 10, 2022
Docket Number: 21-3350
Justia Opinion Summary: Hurst sought a loan modification in 2018. Caliber notified Hurst that her application was complete as of April 5, 2018, that it would evaluate her eligibility within 30 days, that it would not commence foreclosure…
Date: August 9, 2022
Docket Number: 20-5565
Justia Opinion Summary: The Sixth Circuit affirmed in part and reversed and remanded in part the judgment of the district court entering default judgment against Defendants in this breach of contract and fraud action and awarding damages to…
Date: August 9, 2022
Docket Number: 21-3856
Justia Opinion Summary: The Sixth Circuit affirmed the order of the district court denying Appellant's motion to suppress, holding that there was no violation of Defendant's Fourth Amendment rights under the circumstances of this…
Date: August 9, 2022
Docket Number: 21-6118
Justia Opinion Summary: The Sixth Circuit affirmed the judgment of the district court granting summary judgment in favor of Defendants, two jail officers, and dismissing Plaintiff's 42 U.S.C. 1983 claims that Defendants caused his injuries,…
Date: August 8, 2022
Docket Number: 21-1229
Justia Opinion Summary: The Sixth Circuit reversed the judgment of the district court dismissing this ERISA action for lack of jurisdiction on the grounds that no contract bound the parties, holding that the presence of a live contract goes to…
Date: August 8, 2022
Docket Number: 21-2959
Justia Opinion Summary: The Sixth Circuit vacated the judgment of the district court granting summary judgment in favor of Defendant, a Canadian resident, in this lawsuit brought under 28 U.S.C. 1332(a)(2), holding that remand was required for…
Date: August 8, 2022
Docket Number: 21-6164
Justia Opinion Summary: The Sixth Circuit vacated the judgment of the district court vacating an arbitration award to the extent that it applied to Greenhouse Holdings, LLC (Greenhouse), holding that it was disputed whether Greenhouse consented…
Date: August 5, 2022
Docket Number: 20-5764
Justia Opinion Summary: The Sixth Circuit affirmed in part and reversed in part the judgment of the district court denying Defendant's motion to vacate his convictions under 28 U.S.C. 2255, holding that the district court erred by denying…
Date: August 5, 2022
Docket Number: 20-6031
Justia Opinion Summary: The Sixth Circuit affirmed the order of the district court vacating its previous judgment, in which it granted Defendant's 28 U.S.C. 2255 motion and vacated his sentence, and reinstating Defendant's original sentence,…
Date: August 4, 2022
Docket Number: 18-2382
Justia Opinion Summary: The Sixth Circuit affirmed the judgment of the district court denying Appellant's 28 U.S.C. 2255 motion for relief from his first-degree murder conviction, holding that there was no merit to any of Appellant's claims on…
Date: August 3, 2022
Docket Number: 19-5427
Justia Opinion Summary: The Sixth Circuit affirmed in part, reversed in part and vacated in part the district court's denial of Appellant's petition for a writ of habeas corpus, holding that, in Tennessee, ineffective assistance of…
Date: August 2, 2022
Docket Number: 21-3728
Justia Opinion Summary: The Sixth Circuit affirmed the order of the district court granting summary judgment in favor of the City of Powell, Ohio and dismissing Golf Village North LLC's claims brought under 28 U.S.C. 1983 for violating its…
Date: August 2, 2022
Docket Number: 22-1013
Justia Opinion Summary: The Sixth Circuit reversed the judgment of the district court denying the government's motion to admit records documenting a terrorist group's organizational structure, logistics, and activities as statements of…
Date: July 27, 2022
Docket Number: 21-1744
Justia Opinion Summary: The Sixth Circuit reversed the judgment of the district court denying the motion filed by Protect the Peninsula, Inc. to intervene as a matter of right in an action brought by a group of wineries and an association…
Date: July 27, 2022
Docket Number: 21-3702
Justia Opinion Summary: The Sixth Circuit affirmed the judgment of the district court upholding the decision of an administrative law judge (ALJ) finding that Todd Moats's condition prevented him from returning to his previous job but…
Date: July 27, 2022
Docket Number: 21-5808
Justia Opinion Summary: The Sixth Circuit reversed the order of the district court granting summary judgment dismissing Plaintiff's complaint that the Tennessee Valley Authority (TVA) discriminated against him based on his age and disability in…
Date: July 26, 2022
Docket Number: 21-3783
Justia Opinion Summary: The Sixth Circuit affirmed the judgment of the district court sentencing Defendant to 120 months for his federal drug trafficking and firearm offenses, holding that a procedural error in calculating the Guidelines range…
Date: July 22, 2022
Docket Number: 21-2820
Justia Opinion Summary: Jarvela drank several rum-and-cokes, then drove his Silverado to a Shell station to buy cigarettes. Afterward, the store clerk called the police to report that “a drunk guy" had just left driving a black Silverado. In a…
Date: July 22, 2022
Docket Number: 21-3828
Justia Opinion Summary: After a decade in state prison for gross sexual imposition and kidnapping, Sharp was released on parole with conditions that required him to refrain from unsupervised contact with minors; obtain his parole officer’s…
Date: July 21, 2022
Docket Number: 21-3850
Justia Opinion Summary: Myers, a Centerville Police Department detective sergeant, Myers reported to then-Lieutenant Brown and then-Police Chief Robertson, that Lieutenant Lavigne possessed and “possibl[y] disseminat[ed]” sexually explicit…
Date: July 19, 2022
Docket Number: 20-5497
Justia Opinion Summary: Gayle died in 2006. Attorney Johnston filed Chapter 13 bankruptcy petitions on behalf of Gayle in 2016 and 2018 at the request of Gayle’s daughter, Elizabeth, the Administratrix of her mother’s probate estate. After the…
Date: July 19, 2022
Docket Number: 21-2985
Justia Opinion Summary: Plaintiffs, operators of bowling alleys and roller-skating rinks in Michigan, sued Michigan Governor Whitmer, former Michigan Department of Health and Human Services Director Gordon, and the Department alleging that…
Date: July 18, 2022
Docket Numbers: 21-6005, 21-6006, 21-6172, 21-6174
Justia Opinion Summary: The University of Kentucky investigated two dentistry professors for entering false data about whether they, or their students, had performed services for patients at a university clinic and who should be paid for those…
Date: July 14, 2022
Docket Numbers: 20-3600, 20-3598
Justia Opinion Summary: Skilken, the owner of Max Rack, Inc., invented a piece of gym equipment that he named the “Max Rack.” For years, his company sold Max Racks through a licensing agreement with Core. When Max Rack’s last patent expired,…
Date: July 14, 2022
Docket Numbers: 21-2664, 21-2690
Justia Opinion Summary: Bannum, a private company, runs a residential reentry center for recently-released federal inmates. Bannum’s contract with the Bureau of Prisons (BOP) regulates many day-to-day operations at the facility. Bannum…
Date: July 13, 2022
Docket Number: 21-3849
Justia Opinion Summary: Capital, a New York LLC with its principal place of business in New York, sued Peters, an Indiana corporation with its principal place of business in Indiana, for breach of contract and received a judgment by confession…
Date: July 13, 2022
Docket Number: 21-3977
Justia Opinion Summary: In a suit under the Employee Retirement Income Security Act (ERISA) 29 U.S.C. 1104(a)(1)(B), concerning the duty of prudence as applied to the investment options that a company offers to its employees for their 401(k)…
Date: July 12, 2022
Docket Number: 21-5414
Justia Opinion Summary: In its 2014 “Mitchell” decision, the Sixth Circuit held that robbery, as defined under Tennessee law, is a “violent felony” under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(2)(B). Based on that holding, the…
Date: July 11, 2022
Docket Number: 21-1261
Justia Opinion Summary: To dispute a property tax assessment under Detroit ordinances and Michigan state law, taxpayers “make complaint on or before February 15th" before the Board of Assessors. Any person who has complained to the Board of…
Date: July 7, 2022
Docket Number: 21-1505
Justia Opinion Summary: Inman was part of the majority of the Michigan House of Representatives who, along with a majority of the Senate, voted to repeal the prevailing-wage law. Inman was charged with soliciting bribes for his prevailing-wage…
Date: July 7, 2022
Docket Number: 21-4011
Justia Opinion Summary: Akron Police received an anonymous call that men were smoking marijuana in Whitney Park, "a high-crime area." Several officers, including Detective Elam, went to investigate. They arrived at the park in the early…
Date: July 6, 2022
Docket Numbers: 20-6258, 20-6255
Justia Opinion Summary: Delek uses third-party specialty inspectors to ensure that Delek’s projects comply with industry and regulatory requirements. Cypress employs and assigns these specialty inspectors to companies like Delek. Becker worked…
Date: July 6, 2022
Docket Numbers: 21-3442, 21-3412
Justia Opinion Summary: While working at Dura-Bond’s Duquesne, Pennsylvania plant, Marshall stepped out of his truck, while others were loading metal pipes onto it. A worker accidentally ran a forklift into the pipes, causing one to roll off…
Date: July 6, 2022
Docket Number: 21-5856
Justia Opinion Summary: Williams pled guilty to possession of a mixture or substance containing methamphetamine with intent to distribute and being a felon in possession of a firearm. Based on four previous Kentucky robbery convictions, the…
Date: July 5, 2022
Docket Number: 22-3272
Justia Opinion Summary: The Secretary of Homeland Security’s 2021 Guidance notes that the Department lacks the resources to apprehend and remove all of the more than 11 million removable noncitizens in the country and prioritizes apprehension…
Date: July 1, 2022
Docket Number: 21-3479
Justia Opinion Summary: Lawyers brought claims against schools under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400. After the claims failed, the schools sought their attorney’s fees from the lawyers under the IDEA’s…
Date: June 30, 2022
Docket Number: 21-3470
Justia Opinion Summary: VanDemark owns the Used Car Supermarket, which sells cars from two lots in Amelia, Ohio. In 2013-2014, VanDemark funneled away his customers’ down payments and left them off his tax returns. He used this stashed-away…
Date: June 29, 2022
Docket Number: 20-4240
Justia Opinion Summary: Ziesel entered a bank wearing a mask and a hooded sweatshirt, approached the tellers, and said “give me all the money.” At some point, Ziesel told the tellers that “no one was going to get hurt.” Before leaving with the…
Date: June 29, 2022
Docket Number: 22-3401
Justia Opinion Summary: The Board of Immigration Appeals (BIA) dismissed an appeal by Antonio, a citizen of the Dominican Republic, from an order denying his request for deferral of removal under the Convention Against Torture. The Sixth…
Date: June 28, 2022
Docket Number: 21-5671
Justia Opinion Summary: Brown’s company, TME, owned the House of Blues recording studio in Memphis and leased a studio to Falls. Hanover issued separate insurance policies to TME and Falls. Intruders vandalized and burgled the studio, and…
Date: June 27, 2022
Docket Number: 21-2977
Justia Opinion Summary: Freed created a Facebook profile, limited to his “friends.” Eventually, he exceeded Facebook’s 5,000-friend limit on profiles and converted his profile to a “page,” which has unlimited “followers.” His page was public,…
Date: June 27, 2022
Docket Number: 21-5673
Date: June 24, 2022
Docket Numbers: 21-5008, 21-5423
Justia Opinion Summary: Bell was charged with distribution of a controlled substance that resulted in death, 18 U.S.C. 841(a)(1) and 841(b)(1)(C), and possession with intent to distribute heroin and fentanyl, section 841(a)(1). Bell pled guilty…
Date: June 23, 2022
Docket Numbers: 20-5585, 21-5545
Justia Opinion Summary: Alcoa Officers arrested an obviously inebriated Colson following a report that, while driving her SUV, she chased her 10-year-old son in a field and then crashed in a ditch, and transported her to a hospital. Colson then…
Date: June 22, 2022
Docket Number: 20-5972
Justia Opinion Summary: Maddux and his wife, Carman trafficked cigarettes in a way that bypassed governmental taxing authorities. They were indicted; Maddux pleaded guilty and Carman was convicted in 2016. Before their sentencing hearings, the…
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