270 results for 'court:"6th Circuit"'.
J. Bush finds the lower court properly dismissed the black professor's discrimination and retaliation claims against the university. The actions taken by university officials - denial of grant opportunities and reassignments - were not based on the professor's race and were not pervasive enough to support a hostile work environment claim. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: January 30, 2024, Case #: 23-5557, Categories: Education, Employment Discrimination, Employment Retaliation
J. Thapar denies the Ghanaian immigrant's petition for review of his asylum application, ruling there is insufficient evidence to support his claim of state-sanctioned persecution based on his political beliefs. Although he was assaulted by a group of political rivals who also threatened to kill him, the threats stemmed primarily from an assault perpetrated by his friend, while he also failed to contact police about a murder involving the political rivals, which prevents him from proving the government is unwilling to protect him or prosecute the perpetrators.
Court: 6th Circuit, Judge: Thapar, Filed On: January 24, 2024, Case #: 23-3350, Categories: Evidence, Immigration
J. Murphy finds the lower court properly applied sentencing enhancements after defendant pleaded guilty to being a felon in possession of a firearm. His previous convictions for facilitation of aggravated robbery involved the use or threatened use of force and, therefore, qualified as violent felonies. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: January 23, 2024, Case #: 23-5082, Categories: Firearms, Robbery, Sentencing
J. Cole finds the lower court properly denied two of the Cincinnati police officers' motion for immunity on civil rights claims filed by the victims of a collision during a high-speed chase. Although the chase was the result of a joint investigation with the ATF, neither of the officers were deputized or under the direct command of a federal officer; therefore, they were not federal employees acting within the scope of their official duties. Affirmed in part.
Court: 6th Circuit, Judge: Cole, Filed On: January 23, 2024, Case #: 22-5496, Categories: Civil Rights, Government, Immunity
J. Bloomekatz finds the temporal proximity between the minority owner's reporting of alleged tax fraud to the IRS and his termination by the board of directors was sufficient to establish a prima facie case for retaliation, and although the lower court erroneously ruled otherwise, there was clear and convincing evidence to support the termination, which renders any error harmless. The minority owner's emergency conservatorship was fraudulent and based on his desire to oust his family members from the business, and their knowledge of his actions motivated the decision to fire him, regardless of the timing of his IRS report. Affirmed.
Court: 6th Circuit, Judge: Bloomekatz, Filed On: January 22, 2024, Case #: 23-5374, Categories: Whistleblowers, Employment Retaliation
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J. Readler finds the lower court properly granted the nursing home's motion for summary judgment because the estate's failure to obtain a medical expert witness with familiarity of the standard of care required for patients in Memphis precluded the medical malpractice action. Tennessee law requires an expert witness with knowledge of local standards of care for individuals who pursue medical malpractice actions, and the estate's witness admitted he was familiar only with a national standard, which was insufficient to allow the action to proceed. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: January 22, 2024, Case #: 23-5527, Categories: Experts, Wrongful Death, Medical Malpractice
J. Readler finds the lower court properly granted the police officers' motion for summary judgment. Although the amount of marijuana possessed by the wife in her bedroom was within legal limits, her claim to have no knowledge of her husband's grow operation in their detached garage, which yielded 25 additional pounds of marijuana, was unreasonable and gave the officers probable cause to arrest her. Additionally, the home contained at least six firearms, a large quantity of cash and other items indicative of a drug trafficking operation, which put further scrutiny on the wife's story and was more than sufficient for the officers to assume she had at least some control over the operation and its drug output. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: January 18, 2024, Case #: 23-1246, Categories: Civil Rights, Evidence
[Consolidated.] J. Gibbons finds the lower court erroneously dismissed the false advertising claims filed by the windshield repair sealant manufacturer against the auto glass replacement company. Affidavits from commercial customers about statements made by the glass replacement company about the efficacy of sealant on cracks longer than six inches are sufficient to establish causation in the mind of a reasonable juror. Meanwhile, the Ohio Uniform Trade Secrets Act counterclaim filed by the glass replacement company was also improperly dismissed because the company had no reason to believe any of its trade secrets had been stolen by a former employee until his deposition in this litigation, which rendered the counterclaim timely. Reversed in part.
Court: 6th Circuit, Judge: Gibbons, Filed On: January 16, 2024, Case #: 22-3204, Categories: Civil Procedure, Fraud, Trade Secrets
J. Sutton finds the lower court properly sided with Sprint and applied the lower of two proposed interest rates to the $2.2 million in payments to the local telecommunications company. The tariff for connecting local calls is defined as the "highest rate levied by law," which, in Kentucky, is set at 8 percent. Therefore, only governments or regulators could approve the 10.66 percent rate sought by the local telecommunications provider and the lower court properly added $4.3 million in interest. Affirmed.
Court: 6th Circuit, Judge: Sutton, Filed On: January 10, 2024, Case #: 23-5369, Categories: Communications, Damages
J. Larsen finds the lower court properly granted the police officer's motion for summary judgment on the detainee's excessive force claim. At the time he threw the detainee to the ground, the detainee was aggressive, threatening, and resisting, which posed some threat to the officer and allowed him to use necessary force to take him to the ground. Meanwhile, the detainee's state-law negligence claims against the officer were properly dismissed. Under Tennessee law, if a negligence claim arises from conduct that implicates an individual's civil rights, it must be filed in a federal civil rights claim and is barred. Affirmed in part.
Court: 6th Circuit, Judge: Larsen, Filed On: January 9, 2024, Case #: 23-5189, Categories: Civil Procedure, Civil Rights, Negligence
J. Moore finds the lower court properly denied the university officials' motion for sovereign immunity on claims filed by the university police officer. Although suits against states are barred when they seek retrospective relief, the expungement of records sought by the officer is prospective relief and allows the suit to proceed. Meanwhile, the officials' request for qualified immunity on First Amendment retaliation claims was also properly denied because the interview given to local media about the university's handling of a sexual assault allegation involved a matter of public concern and was conducted outside the scope of his ordinary duties; therefore, it was protected speech. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: January 9, 2024, Case #: 22-2057, Categories: Immunity, Employment Retaliation, First Amendment
J. Murphy finds the trial court did not violate defendant's Sixth Amendment right to a jury when it refused to empanel any jurors who were not fully vaccinated against Covid-19. Although a court cannot exclude groups of distinctive individuals, the exclusion of non-vaccinated jurors did not prejudice the jury against defendant and was a decision made to prevent any trial delays in the case of a Covid-19 outbreak. Meanwhile, the government's addition of two identity theft counts to defendant's indictment after he refused a plea agreement did not constitute vindictive prosecution that violated his due process rights. The charges were not used as a threat during negotiations, and defendant was free to accept or reject the plea at any time. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: January 8, 2024, Case #: 22-3835, Categories: Fraud, Jury, Identity Theft
J. DiPentima finds testimony about the victim's injuries from the nurse who treated her was properly admitted by the trial court during defendant's assault trial. Defendant failed to object and the evidence was probative as to the serious nature of the injuries, a primary element of the assault offense. Meanwhile, two photos of the victim taken shortly after the assault were properly admitted by the court because they were used not only to show the serious nature of the injuries, but also the intent of defendant, another element of the offense. Affirmed.
Court: 6th Circuit, Judge: DiPentima, Filed On: January 5, 2024, Case #: AC45975, Categories: Evidence, Intent, Assault
J. Clay finds the lower court properly denied the proposed intervenor's motion to intervene in the class action lawsuit related to property taxes. Once the initial lead plaintiff was denied class certification for untimely claims, the proposed intervenor no longer had any interest in the litigation and could not intervene as a matter of right. Affirmed.
Court: 6th Circuit, Judge: Clay, Filed On: January 5, 2024, Case #: 23-1230, Categories: Civil Procedure, Class Action
J. Nalbandian finds the lower court properly determined the marijuana retailer's motion to intervene was mooted by a settlement between the city and another retailer. The order of dismissal entered by the court was final and it retained jurisdiction only to enforce the settlement, which did not involve the marijuana retailer. Affirmed.
Court: 6th Circuit, Judge: Nalbandian, Filed On: January 4, 2024, Case #: 23-1262, Categories: Civil Procedure, Settlements, Jurisdiction
J. Davis finds the lower court properly granted the employer's motion for summary judgment and determined it was not a common carrier under the Federal Employers' Liability Act. While a portion of its corporate structure qualifies, the entity that controlled the bridge repairs and employed the injured employee was not inextricably linked to the railway chain of commerce and, therefore, could not be held liable under the Act. Affirmed.
Court: 6th Circuit, Judge: Davis, Filed On: January 3, 2024, Case #: 22-5794, Categories: Employment, Negligence
J. Larsen finds the lower court properly granted the subcontractor's motion for summary judgment on the indemnity lawsuit brought by the pool construction company. Claims related to the subcontractor's failure to install a certain part were barred by Tennessee's statute of repose, which requires construction suits to be filed within four years of the accrual of damages. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: January 2, 2024, Case #: 22-6019, Categories: Civil Procedure, Construction
J. Larsen upholds defendant's bottom-of-the-guidelines 9-year sentence after defendant pleaded guilty to distributing meth. Defendant waived the opportunity to appeal the reasonableness of his sentence on a single drug trafficking charge when his attorney told the trial court he had no objections to the sentence. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: December 27, 2023, Case #: 22-2009, Categories: Drug Offender, Sentencing
J. Sutton finds the lower court properly found for the school district because the Individuals with Disabilities Education Act does not require a district to provide accommodations for students with disabilities in a post-secondary educational setting, including the dual-enrollment program at Morehead University for gifted high school students. Although the student in this case is not the typical age for a college student, the university program involves college courses and living on a campus more than 180 miles away from his high school, all of which renders it post-secondary education and relives the district of its duty to provide an individualized education plan. Affirmed.
Court: 6th Circuit, Judge: Sutton, Filed On: December 21, 2023, Case #: 22-6091, Categories: Ada / Rehabilitation Act, Education
J. White finds the lower court properly granted the public school employees union's motion for summary judgment on the bus driver's civil rights claim for unauthorized withdrawal of union dues. Although the withdrawals were made after she revoked her consent and in contravention of a state law, the union was not a state actor and, therefore, cannot be held liable. Affirmed.
Court: 6th Circuit, Judge: White, Filed On: December 21, 2023, Case #: 22-4056, Categories: Civil Procedure, Civil Rights, Labor / Unions
[Consolidated.] J. Sutton finds the chairman of the Federal Energy Regulatory Commission exceeded the scope of his authority when he requested and obtained a remand from the D.C. Circuit Court to allow the commission to reconsider its prior decisions and ultimately deny the power generation companies' requests for changes to the price caps for reserve supplies. A quorum majority of the commission is required to approve such decisions, and because the power companies were unaware of the chairman's actions until several months later, their objection is timely and the commission's decision will be vacated to allow for a remand of the case.
Court: 6th Circuit, Judge: Sutton, Filed On: December 21, 2023, Case #: 22-3176, Categories: Administrative Law, Civil Procedure, Energy
J. Sutton finds the lower court properly found for the school district because the Individuals with Disabilities Education Act does not cover postsecondary education, including the automotive repair classes taken by the disabled student at a community college. The district was not required to provide special education services to the student, especially considering the community college did not allow assistants to attend classes with students. Affirmed.
Court: 6th Circuit, Judge: Sutton, Filed On: December 21, 2023, Case #: 22-5874, Categories: Ada / Rehabilitation Act, Education
J. Sutton finds the lower court properly dismissed the death row inmate's petition for a writ of habeas corpus. The exculpatory evidence he claims was withheld by the prosecution, including a plea deal on unrelated charges with the individual who identified him as the shooter, did not exist and was based solely on speculation. Additionally, notes taken by the victim's family during their initial interview with police were not required to be disclosed because they mentioned only a man named as a potential suspect and, therefore, did not impeach any of the state's other evidence. Affirmed.
Court: 6th Circuit, Judge: Sutton, Filed On: December 19, 2023, Case #: 22-3201, Categories: Death Penalty, Evidence, Habeas
[Consolidated.] J. Murphy finds the lower court properly denied the inmate's petition for a writ of habeas corpus. Defense counsel's failure to initiate plea negotiations before his trial on charges that stemmed from a bank robbery did not prejudice him or constitute ineffective assistance. Furthermore, the attorney's failure to object to several questions directed at the inmate's mother during cross-examination and a mistake during closing arguments in which he misstated the inmate's height are insufficient to be considered ineffective assistance based on the overwhelming evidence of the inmate's guilt. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: December 13, 2023, Case #: 22-3386, Categories: Evidence, Habeas, Ineffective Assistance
J. Nalbandian finds the lower court improperly dismissed the Muslim inmate's First Amendment retaliation claim against the prison guard who threatened to shut down a prisoners' cultural group unless they kicked the Muslim inmate out. The allegations prove causation and, specifically, that the guard only made the threat after the inmate filed a grievance about guards' refusal to allow Muslim inmates to practice their religion during Ramadan. Additionally, the allegations in the complaint make it clear the prison guards were aware of the Muslim inmate's treatment during Ramadan through the filing of numerous grievances and verbal complaints, all of which support a plausible Equal Protection claim. Reversed in part.
Court: 6th Circuit, Judge: Nalbandian, Filed On: December 13, 2023, Case #: 22-3781, Categories: Constitution, Equal Protection, Prisoners' Rights
J. Moore finds the Guatemalan immigrant is entitled to partial review of the immigration board's denial of her application for asylum. Although personal animosity alone is insufficient to prevent removal from the U.S., the mother-in-law's threats to kill the immigrant if she ever returned were also based on her status as a Chuj woman - viewed as witches and deemed property of their husbands in Guatemalan culture - and so the board must analyze whether both motives were inextricably intertwined such that it allows for the grant of asylum.
Court: 6th Circuit, Judge: Moore, Filed On: December 8, 2023, Case #: 23-3059, Categories: Evidence, Immigration
J. Moore finds the lower court properly dismissed the professor's due process claims against university officials who revoked his emeritus status following allegations of sexual harassment. The status was merely honorific and conferred no financial or tangible benefits that would establish a constitutionally protected property interest. Although the loss of the emeritus title may have injured his reputation, the professor failed to request a name-clearing hearing required to pursue a due process claim for that type of property interest. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: December 5, 2023, Case #: 23-3338, Categories: Education, Due Process
J. Readler finds the lower court properly reduced the disabled patron's attorney fees from his requested amount of over $46,000 to $12,000. Its decision was based on substantial analysis of the attorney's performance, which was below average and included excessive filings that artificially inflated the amount of hours worked. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: December 5, 2023, Case #: 23-1316, Categories: Ada / Rehabilitation Act, Attorney Fees
J. Moore denies the coal mining company's petition for review of the administrative law judge's award of black lung benefits, ruling that even though some of the experts in the case expressed doubt as to whether the decedent was totally disabled, his arterial blood-gas test results qualified him for benefits regardless of any contrary evidence and did not require a denial of his widow's claim.
Court: 6th Circuit, Judge: Moore, Filed On: December 4, 2023, Case #: 23-3238, Categories: Employment, Experts