270 results for 'court:"6th Circuit"'.
Per curiam, the circuit upholds the lower court's finding for the Department of Youth Services in an employment discrimination case. Because the decisionmakers who both denied the heterosexual employee's application for a promotion and eventually fired her are also heterosexual, the employee fails to provide evidence of background circumstances to show the employee was the one who discriminated against the majority through the hiring of homosexual employees. Additionally, while the female employee was replaced by a male upon her demotion, her negative performance review gave the employer a legitimate reason for its decision. Affirmed.
Court: 6th Circuit, Judge: Per curiam, Filed On: December 4, 2023, Case #: 23-3341, Categories: Evidence, Employment Discrimination
J. Readler finds the trial court properly denied defendant's motion to exclude testimony from the arresting officer about his experience in identifying firearms. The testimony was highly relevant to the case and whether the gun found by the officer inside the home was the same as the one he saw on defendant's hip when he began his pursuit. Furthermore, defendant's conviction for attempted witness tampering was supported by sufficient evidence, including his jail phone call to a friend that included instructions to attempt to pay the owners of the home in which defendant hid the weapon, which was a substantial step toward the completion of the tampering. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: December 4, 2023, Case #: 22-2129, Categories: Evidence, Firearms, Witnesses
J. Larsen finds the lower court properly denied the states' motion for a preliminary injunction on a portion of their claim challenging a Title X rule. The federal government's interpretation of Title X to allow federal funding to family planning facilities that provide referrals to abortion clinics is a reasonable interpretation of the statute under the Chevron doctrine. Such facilities are required to give only neutral information, while funding is not supplied to the abortion clinics themselves. However, the 2021 rule's revocation of "strict physical and financial separation" between family planning facilities and abortion providers is not a reasonable interpretation of Title X, which prohibits funding to programs where abortion is a method of family planning. Ohio is entitled to an injunction to prevent enforcement of that portion of the rule, as it provided evidence its Title X funding dropped 20 percent after the implementation of the 2021 rule. Affirmed in part.
Court: 6th Circuit, Judge: Larsen, Filed On: November 30, 2023, Case #: 21-4235, Categories: Government, Health Care, Injunction
J. Clay finds the lower court erroneously dismissed the minority-owned construction company's suit in its entirety. Its claims were not based merely on a disappointed bidder theory, but included allegations of race discrimination that gave it standing to pursue claims against the city. The allegation a white-owned contractor was given the construction project despite the minority-owned business bidding more than $1 million less creates a plausible race discrimination claim against the township, and so that portion of the suit will be reinstated. Reversed in part.
Court: 6th Circuit, Judge: Clay, Filed On: November 30, 2023, Case #: 22-2131, Categories: Civil Rights, Construction, Government
J. Thapar finds the lower court properly converted the drug rehab facility's bankruptcy proceedings from Chapter 11 to Chapter 7. It had no operating income, very few assets and its license had been revoked by the state of Ohio, all of which created a high likelihood it would not rehabilitate. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: November 29, 2023, Case #: 23-3375, Categories: Bankruptcy, Civil Procedure
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J. Mathis finds the trial court's jury instructions during defendants' trial on conspiracy to harbor illegal immigrants for commercial gain included language that properly defined the term "harbor." The revised version of the Immigration Act does not require knowing or willful acts on the part of criminal defendants. Additionally, even if the court had adopted defendants' version of the instruction, there was overwhelming evidence to establish the mens rea and find them guilty, including that the four Mexican immigrants lived in defendants' basement and were told to "not go outside or make any noise" at the risk of being deported by the government. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: November 28, 2023, Case #: 22-5516, Categories: Evidence, Immigration, Jury Instructions
J. Murphy finds the lower court properly upheld defendant's 262-month sentence for his drug distribution conviction. Although its four-paragraph decision denying defendant's request for a reduced sentence under the First Step Act was not exhaustive, the court properly considered all required factors, including rehabilitation and prior criminal conduct, and the sentence was at the bottom of the sentencing range. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: November 28, 2023, Case #: 22-5845, Categories: Drug Offender, Sentencing
J. Kethledge finds the lower court erroneously certified a class action consisting of every individual in the state of Ohio in a products liability case. The lead plaintiff failed to satisfy any element of standing, including that any of the defendant companies manufactured the polyfluoroalkyl substances detected in trace amounts after a blood draw. The lead plaintiff failed to trace any of the chemicals found in his bloodstream back to any specific company and made only conclusory allegations in his complaint; therefore, the case must be dismissed upon remand. Reversed.
Court: 6th Circuit, Judge: Kethledge, Filed On: November 27, 2023, Case #: 22-3765, Categories: Product Liability, Class Action
J. Thapar finds the trial court properly applied a sentencing enhancement for defendant's possession of stolen firearms. All of the guns he purchased with a fake ID and fake credit cards qualify as stolen under the sentencing guidelines. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: November 22, 2023, Case #: 23-1212, Categories: Fraud, Sentencing, Identity Theft
J. Larsen finds the lower court properly dismissed a labor lawsuit filed in 2020 as untimely. The labor union's failure to pursue a 2015 grievance filed by autoworkers after their jobs were relocated started the 6-month statute of limitations clock on the claims. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: November 22, 2023, Case #: 22-1383, Categories: Civil Procedure, Labor / Unions
J. Bloomekatz finds the lower court properly dismissed the Republican Party member's lawsuit regarding the constitutionality of a "gender quota" for its central leadership committee. The state laws challenged by the member are also included in the party's bylaws, which means a court order to strike down the state laws would not redress his injury and, therefore, he lacked standing to bring his lawsuit. Affirmed.
Court: 6th Circuit, Judge: Bloomekatz, Filed On: November 20, 2023, Case #: 23-3178, Categories: Constitution, Government, Jurisdiction
J. Sutton finds the lower court improperly vacated the IRS tax-avoidance notice on a nationwide basis. The business owners who brought suit for refunds of their penalties sought only monetary relief, which was satisfied when the IRS provided refunds, and, therefore, the case was mooted and the court lacked jurisdiction upon remand from this court.
Court: 6th Circuit, Judge: Sutton, Filed On: November 20, 2023, Case #: 23-1138, Categories: Administrative Law, Government, Tax
J. Readler finds the lower court properly denied defendant's motion to suppress in his fraud and identity theft case. The lack of coercive behavior on the part of the police officer and defendant's cooperation with the request to hand over his wallet following a search of his vehicle rendered the search of the wallet, which yielded altered and stolen credit cards, consensual. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: November 17, 2023, Case #: 22-5902, Categories: Fraud, Search
Per curiam, the circuit vacates the lower court’s certification of a class in a product liability case against Ford. The lower court failed to conduct a proper analysis of the commonality element of the class's claims against Ford for defective brake cylinders on certain trucks, including whether design changes made over several years solved the issue and eliminated certain class members. Vacated.
Court: 6th Circuit, Judge: Per curiam, Filed On: November 16, 2023, Case #: 22-0109, Categories: Evidence, Product Liability, Class Action
J. Gibbons finds the trial court improperly found for a high school on a student victim's deliberate indifference claim. The reporting of more than 1,000 instances of sexual misconduct at the school prior to the assault put the school on notice of a pervasive sexual harassment problem and allows her to bring the claim for the school's conduct before her assault. Furthermore, the lower court properly found for the victim on her Title IX claims related to the school's failure to discipline any of those involved or ensure the victim had access to education, as the administrators were aware of the numerous threats against the victim and her family following the release of a video of her sexual assault, which prevented her from attending school and resulted in lasting psychological harm. Affirmed.
Court: 6th Circuit, Judge: Gibbons, Filed On: November 15, 2023, Case #: 22-5125, Categories: Civil Rights, Education, Equal Protection
J. Murphy finds there was sufficient evidence to prove the drugs sold by defendant to the two overdose victims caused their deaths, including toxicology reports and cell phone evidence that placed all three in the same area at the time the drugs were sold, as well as testimony the victims ingested no other drugs between the time of the sales and their times of death. Meanwhile, the "TraX" data admitted during trial as part of the government's expert witness testimony should not have been excluded for lack of reliability. Although that specific cell phone tracking software has not been peer-reviewed, the expert witness established a proper foundation and similar software is generally accepted in location tracking applications. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: November 9, 2023, Case #: 22-1431, Categories: Drug Offender, Evidence, Experts
[Consolidated.] Per curiam, the circuit finds that even though defendants did not travel outside the state of Michigan or make phone calls to anyone outside the state during the commission of their murder-for-hire crimes, the use of cell phones, considered instrumentalities of interstate commerce, allowed the government to charge and convict them under the federal murder-for-hire statute. Meanwhile, although more than 15 months passed between defendants' arrest and their subsequent trial, the delay did not violate their right to a speedy trial. The delay was caused, in large part, by an overcrowded docket that stemmed from the Covid-19 pandemic and extensions requested by their own attorneys to handle the large amount of discovery and the potential death penalty implications of their crimes. Affirmed.
Court: 6th Circuit, Judge: Per curiam, Filed On: November 9, 2023, Case #: 22-1698, Categories: Murder, Speedy Trial, Jurisdiction
J. Clay finds the lower court properly dismissed the nursing student's disability discrimination claims. The hospital's decision to revoke an accommodation that allowed the student to bring her service dog on clinical rotations was made after several patients and employees experienced several allergic reactions, not because of the student's disability. Additionally, the hospital was unable to move the student to another floor because of the locations of her supervisor and staffing shortages caused by the Covid-19 pandemic; therefore, its refusal to craft an accommodation that would have allowed the dog to accompany the student was not a violation of the ADA. Affirmed.
Court: 6th Circuit, Judge: Clay, Filed On: November 9, 2023, Case #: 23-1162, Categories: Ada / Rehabilitation Act, Employment Discrimination
[Consolidated.] J. Thapar finds the lower court properly granted the government's motion to dismiss tort claims filed by the decedent's estate and his family members. The estate failed to file an administrative claim with the Department of Homeland Security before it filed suit, while the family members waited more than a year past the statute of limitations before they filed both the administrative claim and the federal lawsuit. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: November 8, 2023, Case #: 22-1591, Categories: Civil Procedure, Tort, Wrongful Death
J. Readler finds the trial court properly classified defendant as a career offender when it sentenced him on drug convictions. His previous sentences were imposed for similar crimes that involved separate arrests and could not be combined under sentencing guidelines to count as a single offense. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: November 6, 2023, Case #: 22-5837, Categories: Drug Offender, Sentencing
J. Stranch finds the lower court properly granted the state's motion for summary judgment on equal protection claims brought by the religious school supporters. Although they have standing to challenge the Michigan law that prohibits government funding for private schools, the law is neutral on its face and does not discriminate on the basis of religion. The law prevents the supporters from lobbying their representatives for tuition aid or other benefits, which constitutes a concrete harm, but because its language includes all private schools - not just those affiliated with a religion - it is facially neutral. Affirmed.
Court: 6th Circuit, Judge: Stranch, Filed On: November 6, 2023, Case #: 22-1986, Categories: Education, Government, Equal Protection
J. Murphy finds the Kentucky Supreme Court properly denied a death row inmate's petition for habeas relief on his claim the jury conducted an improper experiment with the knife used during the commission of his break-in and murder. There is no clearly established law or ruling from the U.S. Supreme Court that renders such experiments unconstitutional. Defendant makes no claims of jury bias and points to no precedent regarding due process protections that would limit or ban the type of experiments with physical evidence conducted by the jury in this case. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: November 3, 2023, Case #: 17-5065, Categories: Habeas, Jury, Murder
J. Murphy denies the coal mining company's petition for review of the administrative law judge's grant of black lung benefits to the surviving spouse of the miner. While the preamble to the Black Lung Benefits Act, which states coal mining can cause obstructive diseases, is not binding, the judge was entitled to rely on it to rebut evidence from the company's expert witnesses.
Court: 6th Circuit, Judge: Murphy, Filed On: October 31, 2023, Case #: 23-3709, Categories: Experts, Workers' Compensation, Labor
J. Sutton finds the lower court erroneously dismissed a fired CEO's tort claims against comedian Kathy Griffin because her tweets, which tagged the CEO's company and were shared with more than two million followers, provided the necessary contacts in the state of Tennessee to establish jurisdiction for the CEO's tort claims. Griffin revealed the CEO lived outside Nashville and urged her followers to contact his employer, a Tennessee-based company, to fire him, all of which directly targeted Tennessee and established jurisdiction for his tort claims. Reversed.
Court: 6th Circuit, Judge: Sutton, Filed On: October 31, 2023, Case #: 23-5257, Categories: Tort, Emotional Distress, Jurisdiction
J. Readler finds the lower court erroneously denied the prison officials' request for immunity on an inmate's Eighth Amendment claims. While the inmate served a longer sentence than the one listed in his plea agreement based on improper time served calculations, the prison officials are immune, as they were merely enforced the sentencing order issued by the trial court. The inmate failed to appeal either of the trial court's decisions that imposed the incorrect sentence and the officials' administration of the judgment of conviction and compliance with typical Kentucky sentencing procedures was not deliberate indifference. Reversed.
Court: 6th Circuit, Judge: Readler, Filed On: October 30, 2023, Case #: 22-5121, Categories: Robbery, Sentencing, Plea
J. Thapar finds the lower court properly denied the inmate's petition for habeas relief. Although no DNA evidence tied him to the weapon recovered at the scene of the home invasion, there was still sufficient evidence to convict him, including DNA on a ski mask recovered in the home and eyewitness testimony from the victims.
Court: 6th Circuit, Judge: Thapar, Filed On: October 26, 2023, Case #: 22-1507, Categories: Dna, Evidence, Habeas
J. Mathis finds the trial court properly imposed an enhanced sentence under the Armed Career Criminal Act after defendant was convicted of being a felon in possession of a firearm. His previous juvenile conviction for possession of a firearm while committing second-degree murder qualifies as a crime of violence under the Act. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: October 26, 2023, Case #: 22-1840, Categories: Firearms, Juvenile Law, Sentencing
J. Stranch finds the lower court properly denied the police officer's motion for qualified immunity because neither the Japanese immigrant's failure to immediately produce his American driver's license nor his decision to exit the vehicle and inspect his headlight gave the officer probable cause to detain him or conduct field sobriety tests. The officer was immediately aware the Japanese immigrant spoke little to no English, and so the delay in producing the license and inspection of the headlight, which prompted the initial traffic stop, were not erratic behavior that shields the officer from liability after she improperly administered sobriety tests and misread a breathalyzer. Affirmed.
Court: 6th Circuit, Judge: Stranch, Filed On: October 26, 2023, Case #: 22-2058, Categories: Civil Rights, Immunity
J. Moore vacates the lower court's finding for a nurse on an estate's deliberate indifference claim arising from the death of an inmate, who overdosed on methamphetamine. The decedent's clear signs of distress throughout his booking process into the jail, which only escalated once he was placed in a holding cell, should have made the medical staff aware he was suffering either from some kind of drug withdrawal or medical emergency. Reversed in part.
Court: 6th Circuit, Judge: Moore, Filed On: October 26, 2023, Case #: 23-5133, Categories: Civil Rights, Evidence, Wrongful Death
J. Griffin finds that while defendant did not own or reside at the property owned by his girlfriend and used to traffic controlled substances, his continued storage of heroin, fentanyl and other illegal drugs at the home showed a degree of control that allowed the trial court to apply the "drug-house" sentencing enhancement. Additionally, the overwhelming evidence of defendant's control over the trafficking ring, including testimony from accomplices that he directed them to distribute drugs and collect payments, allowed for the leadership sentencing enhancement. Affirmed.
Court: 6th Circuit, Judge: Griffin, Filed On: October 25, 2023, Case #: 23-5064, Categories: Drug Offender, Sentencing