270 results for 'court:"6th Circuit"'.
J. Clay finds that both the University of Michigan and its doctor, who controlled the lab from which the fentanyl used by the decedent was taken, are entitled to sovereign immunity on due process and wrongful death claims filed by the estate. It seeks only monetary damages, while the university has also not waived the defense, given its only motion in response to the lawsuit was the underlying motion to dismiss. Reversed.
Court: 6th Circuit, Judge: Clay, Filed On: May 6, 2024, Case #: 23-1718, Categories: Immunity, Due Process, Wrongful Death
J. Moore grants the El Salvadoran immigrant's petition for review of his removal order, ruling the immigration panel erroneously considered him statutorily ineligible for cancellation of removal as a result of his Tennessee domestic violence conviction. That crime does not necessarily involve the use of physical force and, therefore, is not a crime of violence.
Court: 6th Circuit, Judge: Moore, Filed On: April 30, 2024, Case #: 23-3004, Categories: Civil Procedure, Immigration
J. Siler finds the trial court erroneously denied defendant's motion to dismiss fraud and identity theft charges for speedy trial violations. The 36-day delay between the trial court's competency evaluation order and defendant's transport to a facility for the evaluation violated his speedy trial rights, regardless of the fact the government did not know which facility would be used when the 10-day transportation clock began to run. Therefore, defendant's convictions on fraud and identity theft charges must be vacated and the case will be remanded to allow the trial court to determine whether the indictment will be dismissed with or without prejudice. Reversed.
Court: 6th Circuit, Judge: Siler, Filed On: April 30, 2024, Case #: 22-3797, Categories: Criminal Procedure, Speedy Trial, Identity Theft
J. Bloomekatz finds the lower court properly rejected the police officer's request for qualified immunity on excessive force and deliberate indifference claims filed by the estate. Video evidence and the testimony of other officers clearly indicate the decedent was not a threat at the time he was shot and killed in his home after officers were called there for a well check. The decedent had put his gun on the table at which he was seated and merely leaned toward the ground at the time he was shot; therefore, he did not represent a threat to the officer, while he was also required to do more than simply call paramedics after the shooting, at which time the decedent was hemorrhaging blood and struggling to breathe. Affirmed in part.
Court: 6th Circuit, Judge: Bloomekatz, Filed On: April 29, 2024, Case #: 23-3296, Categories: Civil Rights, Immunity, Due Process
J. Mathis finds the trial court properly granted the life insurance company's motion for the production of confidential medical records during discovery. The policyholder waived the patient-physician privilege when she signed a disclosure form as part of her application to process the death benefit claim following the death of her husband. Meanwhile, the insurance company properly rescinded the insurance policy because evidence in the medical records clearly contradicted the policyholder's application answers about her husband's health; specifically, she denied he had any mental disorder despite years of treatment for depression and had no health issues even though he was being treated for chronic liver disease. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: April 29, 2024, Case #: 23-3530, Categories: Insurance, Discovery, Privilege
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J. Batchelder finds the lower court properly granted the insurance company's motion for summary judgment on securities claims filed by investors. None of the statements included in the company's pre-IPO release meet the heightened pleading requirements of a fraud claim, but were instead historical statements of past performance that would not have misled the ordinary investor. Affirmed.
Court: 6th Circuit, Judge: Batchelder, Filed On: April 29, 2024, Case #: 23-3392, Categories: Fraud, Insurance, Securities
J. McKeague finds the trial court properly applied a career offender enhancement to defendant's sentence because his previous Ohio robbery conviction qualifies as a crime of violence. Under this court's previous ruling, Ohio robbery is not considered "generic" robbery under federal sentencing guidelines, but meets the criteria for generic extortion, which always involves the use of force; therefore, the enhancement was properly applied. Affirmed.
Court: 6th Circuit, Judge: McKeague, Filed On: April 26, 2024, Case #: 23-3466, Categories: Criminal Procedure, Robbery, Sentencing
J. Moore finds the lower court erroneously granted the village's motion for summary judgment on constitutional claims filed by the advertising company. The "public-service" exemption included in the village's ordinance on off-site billboards is a content-based restriction that requires the application of strict scrutiny. Therefore, because certain types of signs, including those that do not advertise a service or consumer good, are treated differently than those designed to provide information to the public at large, the regulation is unconstitutional and the case will be reinstated to allow the lower court to determine if that portion of the ordinance can be severed. Reversed.
Court: 6th Circuit, Judge: Moore, Filed On: April 19, 2024, Case #: 23-3623, Categories: Constitution, Government, First Amendment
[Consolidated.] J. Davis finds the trial court erroneously granted defendant's motion to vacate several of her convictions on wire fraud charges related to embezzlement of grants funds for student scholarships. The evidence presented by the prosecution, including performance reports that showed the disbursement of numerous scholarships not linked to any students, was sufficient to prove all elements of the crimes, including intent. Reversed in part.
Court: 6th Circuit, Judge: Davis, Filed On: April 17, 2024, Case #: 22-5075, Categories: Evidence, Fraud
Per curiam, the circuit finds the applicant's skill set, which rendered her capable of performing numerous, readily available jobs, precluded her from receiving disability benefits; therefore, the administrative law judge properly denied her appeal. Affirmed.
Court: 6th Circuit, Judge: Per curiam, Filed On: April 17, 2024, Case #: 23-1466, Categories: Evidence, Social Security
J. Clay finds the reinstatement order issued by the trial court is not barred by judicial estoppel as a result of the employee's failure to file notice of her employment lawsuit during bankruptcy proceedings. The order had no bearing on the employee's distribution of debts and was unrelated to any potential damages. Meanwhile, the court lacks jurisdiction over the award of damages and attorney fees to the employee because none of those orders were finalized by the lower court; therefore, the remainder of the appeal will be dismissed. Affirmed.
Court: 6th Circuit, Judge: Clay, Filed On: April 17, 2024, Case #: 22-5761, Categories: Bankruptcy, Civil Procedure, Employment
J. Moore finds that although defendant was involved with his girlfriend in the scheme whereby she traded sexual favors for painkillers and used some of the drugs "purchased" through the setup, there was sufficient evidence to convict him of sex trafficking through force or coercion. The dealer routinely assaulted the victim and threatened her with guns on several occasions. Meanwhile, the trial court properly applied a "vulnerable victim" enhancement to defendant's sentence because his girlfriend's addiction to opioids and physical ailments placed her squarely in the category. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: April 17, 2024, Case #: 23-3179, Categories: Evidence, Sentencing, Sex Offender
[Consolidated.] J. Thapar finds the trial court properly denied defendant's motion to suppress evidence obtained by police after he admitted he had weed in his room. Officers were not interrogating him at the time and, therefore, were not required to read him his Miranda rights, while the narrow question from the officer - "do you have anything else on you?" - was part of the arrest procedure and not designed to elicit an incriminating response. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: April 16, 2024, Case #: 22-6076, Categories: Firearms, Miranda
J. Batchelder finds the lower court properly dismissed the inmate's habeas petition as untimely. Although his "new evidence," including a report on coerced confessions and an eyewitness recantation, impeaches the state's evidence against him, it does not prove he is actually innocent of the murder for which he was convicted and cannot be used to circumvent the one-year statute of limitations. Although the evidence could be enough to make a member of a hypothetical jury find the inmate not guilty, that is not the standard that governs habeas petitions, and because the witness who recanted his statement has already changed his story at least three times, the most recent version is unreliable and insufficient to prove actual innocence. Affirmed.
Court: 6th Circuit, Judge: Batchelder, Filed On: April 16, 2024, Case #: 21-2968, Categories: Criminal Procedure, Habeas, Murder
J. Davis finds the lower court properly denied a retired detective’s motion for summary judgment on a plaintiff’s claims of fabrication of evidence and malicious prosecution. The detective argues on appeal that the plaintiff fails to show a substantial evidence claim and the court erred when they denied him qualified immunity. A reasonable jury could in fact find a substantial showing of this evidence that the detective made false statements. Affirmed.
Court: 6th Circuit, Judge: Davis, Filed On: April 15, 2024, Case #: 22-1963, Categories: Immunity, False Claims, Police Misconduct
[Consolidated.] J. Murphy finds that the lower court properly in part denied officers’ motion for summary judgment in these claims of excessive force and failure to intervene. The officers have opposite arguments but cannot justify the force of kneeing and dragging the suing citizen. The plaintiff alleges one officer punched, kneed him in the back while dragging him across the floor and the other officer failed to intervene. This case is partially dismissed for lack of jurisdiction, and the both officers are owed summary judgment on the failure-to intervene claims. Affirmed in part. Reversed in part.
Court: 6th Circuit, Judge: Murphy, Filed On: April 15, 2024, Case #: 22-1990, Categories: Malicious Prosecution, Negligence, Police Misconduct
J. Batchelder finds that the district court improperly dismissed a contract and fraudulent inducement lawsuit based on a contractual forum-selection clause for a lack of jurisdiction. The forum selection clause stated “Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation.” The non-signatory partner argues the clause should be enforceable for state and federal common laws but that the court skipped the applicability step that should have been done. The contract does not apply to the non-signatory in the forum-selection clause. Reversed.
Court: 6th Circuit, Judge: Batchelder, Filed On: April 12, 2024, Case #: 23-3085, Categories: Jurisdiction, Contract
Per curiam, the court vacates this settlement agreement that a jury decided in favor of the former employee for more than $1.5 million after he was wrongfully terminated from the county. The employee argued that, as a serviceman, his Uniformed Services Employment and Reemployment Rights Act claims should be litigated, but that the settlement agreement had been presented as a “take it or leave it.” The case is remanded so a jury can determine whether the settlement agreement outweighs the Act. Vacated.
Court: 6th Circuit, Judge: Per curiam, Filed On: April 11, 2024, Case #: 22-6054, Categories: Employment, Jury, Settlements
J. Moore grants an Iraq citizen’s petition for review of denial of his motion to reopen from the board of immigration appeals based on changes in Iraq. The board erred when denying the motion because of the evidence submitted with his prior motions were the same each time. The court vacates the board’s decision and remands it back for further proceedings. Reversed.
Court: 6th Circuit, Judge: Moore, Filed On: April 11, 2024, Case #: 22-3743, Categories: Civil Rights, Immigration, Due Process
J. Nalbandian vacates the lower court's injunction against an insurance firm's former employee, finding the court failed to conduct the four-step analysis required under the Ohio Supreme Court's 1975 ruling in Raimonde v. Van Vlerah when it determined whether the insurance firm's non-solicitation agreement was enforceable. Although the client information taken by the employee was properly deemed a trade secret, the injunction's reliance on references to the non-solicitation agreement renders it defective.
Court: 6th Circuit, Judge: Nalbandian, Filed On: April 10, 2024, Case #: 23-3638, Categories: Trade Secrets, Contract, Injunction
[Consolidated.] J. Nalbandian finds the trial court properly denied defendant's motion to suppress evidence of drugs and a loaded gun found during the search of his girlfriend's car. He failed to establish an expectation of privacy when he was detained in the passenger seat of her car. Defendant did not own and was not driving the vehicle at the time of his arrest, and actually told the officers several times he was not driving prior to the search, all of which prevented him from proving he had control over the vehicle. Affirmed.
Court: 6th Circuit, Judge: Nalbandian, Filed On: April 10, 2024, Case #: 22-1432, Categories: Drug Offender, Firearms, Search
J. Thapar finds the lower court properly dismissed the estate's Eighth Amendment and wrongful death claims against the prison. It failed to show the inmate had "unfettered access" to illegal drugs prior to his overdose, while the complaint also lacked details about drug use by inmates and, therefore, failed to show the inmate faced an "objectively excessive risk of harm." Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: April 10, 2024, Case #: 23-5410, Categories: Civil Rights, Evidence, Wrongful Death
J. Moore finds the lower court erroneously denied the voters' request to convene a three-judge court. Their Fourteenth Amendment claim regarding racial gerrymandering in Ohio raised a federal question that established jurisdiction; therefore, the case will be reinstated to allow the lower court to initiate proceedings to convene a three-judge panel. Reversed.
Court: 6th Circuit, Judge: Moore, Filed On: April 9, 2024, Case #: 23-3910, Categories: Constitution, Elections, Jurisdiction
[Consolidated.] J. Sutton finds that although both defendants are "actually innocent" of firearm specifications to which they pleaded guilty because the charges no longer qualify as crimes of violence, their procedural defaults cannot be excused. The charges dismissed by the government in exchange for guilty pleas are "equally serious" and still qualify as crimes of violence. Therefore, defendants cannot prove their innocence of the dismissed charges and are entitled to no relief. Affirmed.
Court: 6th Circuit, Judge: Sutton, Filed On: April 8, 2024, Case #: 21-6214, Categories: Criminal Procedure, Firearms, Plea
J. Mathis finds the district court properly granted an injection molding company’s motion for summary judgment in this copyright dispute regarding an industrial control system and software code brought by a consulting company. The consulting company argues that this court lacked jurisdiction, the district court should have not excluded an expert witness and erred on granting summary judgment in favor of the injection molding company. The expert testimony was not disposed by the injection molding company before the discovery period had closed and would have caused a surprise disruption of the trial. The consulting company fails to show a dispute of fact about the software code protectability. Therefore, this court does vacate the prior appeal decision and denies the motion to supplement the appellate record. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: April 5, 2024, Case #: 23-1591, Categories: Copyright, Jurisdiction, Experts
J. Sutton finds the district court properly granted summary judgment to the insurer in this dispute over denied coverage for losses an aluminum company suffered due to aluminum shortages caused by transportation issues and delays. The insurer alleges the policy did not cover the transportation expenses and that the delay’s did not result from arrest, detainment or restraint. The aluminum company did in fact suffer the transportation issues, but the parties only focused on the threshold question of whether the aluminum firm experienced that risk. Affirmed.
Court: 6th Circuit, Judge: Sutton, Filed On: April 4, 2024, Case #: 23-5543, Categories: Insurance, Maritime
J. Clay finds that the district court properly granted Walmart’s motion to dismiss a taxi driver’s assault, battery, intentional infliction of emotional distress, false arrest and false imprisonment claims. The district court also properly dismissed the driver’s 14th Amendment claim because it is identical to his Fourth Amendment claim. However, the dismissal and qualified immunity on the Fourth Amendment claims against the arresting officer, municipal liability claim against the sheriff and the negligent hiring, supervision, training, and retention and vicarious liability against Walmart and its security guard shall be remanded for further proceedings. Affirmed in part. Reversed in part.
Court: 6th Circuit, Judge: Clay, Filed On: April 3, 2024, Case #: 23-3217, Categories: Civil Rights, Negligence, Police Misconduct
J. Clay finds the district court properly dismissed the former mayor’s complaint against the Warren City, Michigan, city council, election commission, the city clerk and county clerk. The former mayor served in that position for four terms when the election commission changed the city charter to the existing term limits. He alleges the new limits imposes a legal disability based on past conduct but fails to he was intentionally discriminated against by changing the amendment.
Court: 6th Circuit, Judge: Clay, Filed On: April 2, 2024, Case #: 23-1826, Categories: Constitution, Elections, Due Process
J. Nalbandian finds the district court properly denied a former truck driver’s motion asking for irrelevant discovery. The driver alleged a trucking company defamed him by releasing his employment records to prospective employers through a third-party consumer credit reporting company. Affirmed.
Court: 6th Circuit, Judge: Nalbandian, Filed On: April 2, 2024, Case #: 23-5568, Categories: Employment, Discovery
J. Mathis finds the district court properly dismissed violations of the Lanham Act and the Tennessee Consumer Protection Act claims brought by FedEx against a consulting company. FedEx alleged a claim for false advertising but fails to plausibly allege the statement was false or misleading. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: April 1, 2024, Case #: 23-5456, Categories: Consumer Law, False Advertising