Archive for the '6th COA' Category

Ministerial Exception Does Not Bar Teacher’s Discrimination Suit

In Equal Employment Opportunity Comm’n v. Hosanna-Tabor Evangelical Lutheran Church & Sch., No. 09-1134, the court faced a challenge to the district court’s dismissal of a teacher’s employment discrimination suit on the grounds that the court could not inquire into the teacher’s claims of retaliation because they fell within the ministerial exception to the ADA. 
As [...]

BIA’s Denial of Withholding of Removal Upheld Despite Erroneous Findings

In Urbina-Mejia v. Holder, No. 09-3567, the Sixth Circuit faced a challenge to the BIA’s denial of petitioner’s application for withholding of removal.
First, the court held that the IJ and BIA erred as a matter of law in finding that the petitioner was not a part of a particular gang, for which he could be [...]

BIA’s Denial of Withholding of Removal Upheld Despite Erroneous Findings

In Urbina-Mejia v. Holder, No. 09-3567, the Sixth Circuit faced a challenge to the BIA’s denial of petitioner’s application for withholding of removal.
First, the court held that the IJ and BIA erred as a matter of law in finding that the petitioner was not a part of a particular gang, for which he could be [...]

BIA’s Denial of Withholding of Removal Upheld Despite Erroneous Findings

In Urbina-Mejia v. Holder, No. 09-3567, the Sixth Circuit faced a challenge to the BIA’s denial of petitioner’s application for withholding of removal.
First, the court held that the IJ and BIA erred as a matter of law in finding that the petitioner was not a part of a particular gang, for which he could be [...]

Ruling on Appeal Involving Excessive Force and Warrantless Entry Claims

In Schreiber v. Moe, No. 09-1337, the Sixth Circuit faced a challenge to the district court’s decision to grant in part, summary judgment in favor of the police officer in plaintiff’s 42 U.S.C. section 1983 action.
As stated in the decision: “Moe learned from the 911 dispatcher that a caller claimed to have heard screaming and [...]

Ruling on Relation Back Issue in Wal-Mart Employees’ Carbon Monoxide Exposure Action

In Asher v. Unarco Material Handling, Inc., No. 09-5158, the Sixth Circuit faced a challenge to the district court’s dismissal of a suit, brought by a second group of past and present Wal-Mart employees’, claiming  injuries caused by exposure to carbon monoxide gas in an enclosed freezer section of Wal-Mart Distribution Center. 
As stated in [...]

Ruling on AG’s Interim Regulation Applying SORNA Retroactively

In US v. Utesch, No. 08-5828, the Sixth Circuit faced a challenge to the district court’s denial of defendant’s motion to dismiss his indictment for violating the Adam Walsh Sex Offender Registration and Notification Act of 2006 (SORNA). 
As stated in the decision: “On February 28, 2007, U.S. Attorney General Alberto Gonzalez issued an immediately [...]

Decision in Crime Victims’ Rights Act Case

In In re: McNulty, No. 10-3201, the Sixth Circuit addressed the issue of whether plaintiff was a victim for the purposes of the Crime Victims’ Rights Act, involving proceedings where defendant was charged with violating 15 U.S.C. section 1 by participating in a conspiracy to suppress and eliminate competition related to sales of packaged ice in [...]

Decision in Crime Victims’ Rights Act Case

In In re: McNulty, No. 10-3201, the Sixth Circuit addressed the issue of whether plaintiff was a victim for the purposes of the Crime Victims’ Rights Act, involving proceedings where defendant was charged with violating 15 U.S.C. section 1 by participating in a conspiracy to suppress and eliminate competition related to sales of packaged ice in [...]

Ruling Requires Defendant to Pay for His Own Representation

In US v. Wilson, No. 08-6229, the Sixth Circuit faced a challenge to the district court’s judgment ordering a defendant, acquitted of wire fraud and aiding and abetting false statements on another’s tax returns, to pay $52,305 in monthly payments for costs of a public services defender.
As stated in the decision: “The court learned that [...]