270 results for 'court:"6th Circuit"'.
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
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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
J. Murphy finds the district court properly found a company owner lied to the department about how she spent a federal and state grant and the jury convicted her of three financial crimes. The owner challenges the evidentiary and instructional rulings alleging the court should have reduced the estimate sums that was spent on her research and development project. The challenges of errors did not harm the owner in any way and she fails to satisfy her burden of proof. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: April 1, 2024, Case #: 22-5931, Categories: Fraud
Per curium, the court finds that the district court correctly denied a motion to remand to state court and a motion to amend complaint made by parents who sought damages related to alleged negligent prenatal care. The United States stands in as defendant for health care employees that are federally funded under the Federal Tort Claims Act and the case was removed to federal court. The services provided to the parents were part of a federal grant program and are under federal court jurisdiction. The parents’ motion to amend the defendants listed on the complaint will not impact federal court jurisdiction as the motion indicates. Affirmed.
Court: 6th Circuit, Judge: Per curiam, Filed On: March 29, 2024, Case #: 23-3357, Categories: Jurisdiction, Medical Malpractice
[Consolidated.] J. Moore grants the National Labor Relations Board's motion to enforce an order requiring the employer to provide back pay to two employees fired after they supported unionization efforts, ruling both employees made concerted efforts to reenter the workforce after they lost their jobs, which prevents a reduction of their damages. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: March 28, 2024, Case #: 23-1632, Categories: Evidence, Damages, Labor / Unions
J. Gibbons finds the lower court properly denied the police officers' motion for qualified immunity on unreasonable seizure claims brought by the detained individual. Dashcam evidence of the traffic stop shows the driver most likely did not commit the infractions claimed by the officers, which would allow a reasonable juror to conclude the stop was unconstitutional. However, because one of the detainees was verbally abusive toward the officers and attempted to free his arm while turning away from one of the officers, it was objectively reasonable for the officer to take him to the ground and the lower court should have granted immunity on that excessive force claim. Affirmed in part.
Court: 6th Circuit, Judge: Gibbons, Filed On: March 28, 2024, Case #: 22-2038, Categories: Civil Rights, Evidence, Immunity
J. Stranch finds the lower court properly granted the inmate habeas relief on his claim of ineffective assistance of counsel. His attorney's failure to call alibi witnesses in light of evidence a witness saw the inmate, who did not own a car, at home less than seven minutes before a robbery committed at a gas station more than three miles away was highly prejudicial. Additionally, the inmate was also entitled to relief on his jury claims because the trial court's failure to analyze the prosecution's reasoning behind striking six black jurors and claiming "some explanation" was enough to justify the jurors' exclusion was a procedural error. Affirmed.
Court: 6th Circuit, Judge: Stranch, Filed On: March 28, 2024, Case #: 22-1705, Categories: Habeas, Ineffective Assistance, Jury
[Consolidated.] J. Larsen finds the lower court properly determined the employer waived its right to arbitrate discrimination claims brought by the deaf employee. It waited more than seven months to file its motion to compel, before which it conducted extensive discovery, took depositions and raised several affirmative defenses, all of which contradicts its argument it intended to rely on arbitration from the outset of the case. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: March 27, 2024, Case #: 23-1507, Categories: Arbitration, Civil Procedure, Employment Discrimination
J. Gibbons finds the lower court properly enforced the subpoena filed by the Equal Employment Opportunity Commission. Although the notice was sent to the employer's legal counsel and uploaded to the EEOC's online portal, the employer had accepted service of previous subpoenas in this fashion and cannot claim it was not properly served. Additionally, the improper reply date on the subpoena was merely a scrivener's error that did not render the entire document defective and allowed the court to enforce the subpoena. Affirmed.
Court: 6th Circuit, Judge: Gibbons, Filed On: March 26, 2024, Case #: 23-1719, Categories: Civil Procedure, Employment, Discovery
J. Murphy finds that the district court correctly dismissed a woman’s claims that she was wrongfully arrested and that deputies used excessive force when placing her in a cell at the county jail. The deputies had probable cause to arrest her under suspicion that she had committed assault, and deputies properly used force to detain in response to the woman’s behavior, which indicated a risk of suicide. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: March 22, 2024, Case #: 23-1739, Categories: Civil Rights, Tort, Police Misconduct
J. Gibbons finds a federal court in Ohio properly dismissed a former OG/GYN student’s lawsuit against the Wright State University medical school, which dismissed her from the program — resulting in her firing from a hospital residency — after her “unprofessional behavior” resulted in “a long series of complaints.” Neither her contract nor her due process rights were violated when she was dismissed. Affirmed.
Court: 6th Circuit, Judge: Gibbons, Filed On: March 21, 2024, Case #: 23-3475, Categories: Education, Health Care
J. Bloomekatz finds the lower court properly dismissed religious discrimination claims filed by employees who still have jobs at the hospital. They were eventually granted exemptions to the Covid-19 vaccination requirement and lack standing to bring suit. However, because two of the employees resigned under threat of termination and before the employer decided to grant all religious accommodation requests, their claims were improperly dismissed and must be remanded to the trial court. Reversed in part.
Court: 6th Circuit, Judge: Bloomekatz, Filed On: March 20, 2024, Case #: 23-3672, Categories: Covid-19, Employment Discrimination
J. Bloomekatz finds the Guatemalan immigrant is not entitled to review of the immigration board's denial of her request for asylum. Although she was threatened with rape and assault if she refused to be the wife of a gang member, the threats had nothing to do with her status as a Mayan indigenous woman, while she also failed to report the threats to police and, therefore, cannot prove the government "turned a blind eye" to her harassment. Affirmed.
Court: 6th Circuit, Judge: Bloomekatz, Filed On: March 20, 2024, Case #: 23-3606, Categories: Evidence, Immigration
J. Gilman finds the lower court erroneously ordered an evidentiary hearing regarding the prisoner's exhaustion of administrative remedies. The exhaustion question was intertwined with the First Amendment claims that are the substance of his complaint against the prison supervisor. The supervisor allegedly repeatedly tore up grievances based on his sexual harassment of the inmate and, therefore, prevented the inmate from pursuing administrative remedies. Reversed.
Court: 6th Circuit, Judge: Gilman, Filed On: March 19, 2024, Case #: 22-1298, Categories: Civil Procedure, First Amendment, Prisoners' Rights
J. Cole finds the lower court properly granted the freight broker's motion to compel arbitration with the trucking company. The Section 1 exemption of the Federal Arbitration Act, which excludes employment agreements between companies and rail workers, does not apply to this case, which involves a contract between two business entities. Affirmed.
Court: 6th Circuit, Judge: Cole, Filed On: March 18, 2024, Case #: 23-1777, Categories: Arbitration, Employment, Contract
J. Griffin finds the lower court properly dismissed municipal liability claims against the city. Although the police chief intentionally avoided a background check on the officer who held the victim at gunpoint while off-duty and without any reason, there is no evidence to suggest the city should have known the officer would have committed this specific, unconstitutional act based on previous disciplinary issues with a Florida police department. Affirmed.
Court: 6th Circuit, Judge: Griffin, Filed On: March 18, 2024, Case #: 23-5229, Categories: Civil Rights, Evidence, Government
J. Stranch finds the undecided nature of the constitutionality of felon-in-possession charges based on previous convictions relative to the Second Amendment prevents this court from overturning defendant's conviction for possession of a firearm. Meanwhile, the trial court erroneously applied a four-level enhancement to defendant's sentence for reckless endangerment because there was no evidence to indicate any bystander was placed in a "zone of danger" when he fired his weapon outside. Affirmed in part.
Court: 6th Circuit, Judge: Stranch, Filed On: March 18, 2024, Case #: 22-5459, Categories: Constitution, Firearms, Sentencing
J. Thapar finds defendant's guilty plea on a charge of using a fraudulent passport did not violate his due process rights. The trial court gave the required warning regarding immigration consequences and defendant confirmed he understood his citizenship could be revoked as a result of the plea. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: March 16, 2024, Case #: 23-1474, Categories: Fraud, Immigration, Plea
J. Readler finds the immigration panel properly determined the class of "mistreated women" proposed by the El Salvadoran immigrant did not constitute a distinct social group protected under U.S. immigration law. Although they suffer from mistreatment at the hands of gangs, the group is overly broad and is not distinct from other sets of individuals in the country. However, the panel failed to provide any analysis of its decision to deny protected social group status to the immigrant's family; therefore, the case must be remanded for proper analysis of that social group and whether it entitles the immigrant to protection from removal. Affirmed in part.
Court: 6th Circuit, Judge: Readler, Filed On: March 15, 2024, Case #: 21-3334, Categories: Evidence, Government, Immigration
J. Clay finds the lower court erroneously granted the board of elections' motion to dismiss for lack of standing. It and the Secretary of State's definitive statements that posting "ballot selfies" online is against Ohio election laws demonstrate a credible threat of enforcement that gives the voter standing to challenge the laws on First Amendment grounds. Although the board claims it has not monitored social media for such posts since 2019, it has continuously told voters publishing images of ballots is a criminal offense, while a 2019 order by the board to an online poster to remove an image also chills protected speech and allows the suit to proceed. Reversed.
Court: 6th Circuit, Judge: Clay, Filed On: March 14, 2024, Case #: 23-3330, Categories: Elections, First Amendment
J. Thapar finds the lower court's revocation of defendant's supervised release and imposition of a 60-month prison sentence was not substantively unreasonable. The court addressed all necessary factors, including the sentencing guidelines and defendant's criminal history, and did not exceed the maximum penalty. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: March 12, 2024, Case #: 23-3189, Categories: Drug Offender, Sentencing
J. Larsen finds the trial court properly denied defendant's motion to suppress evidence during his robbery trial. While the Tennessee traffic law regarding left-hand turns from a multi-lane intersection is subject to multiple interpretations, the police officer's belief a driver cannot cross lanes during a turn was reasonable and gave him probable cause to initiate the traffic stop of defendant. Furthermore, the trial court did not "double count" one of defendant's firearm convictions for sentencing purposes and its factfinding established a proper base sentencing level, while three firearms enhancements were properly applied because they involved the quantity and stolen nature of the weapons, not defendant's mere possession. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: March 12, 2024, Case #: 22-5746, Categories: Robbery, Search, Sentencing
[Consolidated.] J. Kethledge finds the pizza restaurants cannot use the reasonable approximation rule of the Fair Labor Standards Act to determine the reimbursement rate paid to delivery drivers for vehicle expenses. The rule is intended for application only to overtime rate calculations and would likely result in a failure to pay the drivers minimum wage during regular wage hours. However, the IRS reimbursement rate for mileage is also unsuitable because vehicle maintenance and gas costs differ widely across the country. Therefore, the district court orders in both cases - one in favor of the drivers and one in favor the restaurants - will be vacated and the cases remanded to determine a suitable method for determining adequate reimbursement rates. Reversed.
Court: 6th Circuit, Judge: Kethledge, Filed On: March 12, 2024, Case #: 22-2119, Categories: Class Action, Labor
J. Davis finds the trial court properly imposed a two-level flight enhancement to defendant's sentence. Although he was not the driver of the vehicle that led police on a high-speed chase through a residential area, he was an active participant in the crime that led to the chase and immediately fled from police when the car eventually crashed, which allowed the court to infer he actively participated in the reckless flight from police. Affirmed.
Court: 6th Circuit, Judge: Davis, Filed On: March 11, 2024, Case #: 23-3078, Categories: Firearms, Sentencing