Archive for the '6th COA' Category

Union’s Suit For Arbitration Against Steel Company, Plus Criminal Matters

US v. Walker, 08-4680, concerned a challenge to the district court’s conviction of defendant for bank robbery and brandishing a firearm, and a sentence of 277 months and one day in prison.  In affirming, the court held that the district court did not err in denying defendant’s motion to suppress evidence of the firearm obtained during [...]

Judicial Estoppel Re Debtor’s Sexual Harassment Suit Against Employers, Plus Immigration and Criminal Law Matters

White v. Wyndham Vacation Ownership, Inc., 09-5626, concerned a challenge to the district court’s grant of summary judgment in favor of the defendants based on a claim of judicial estoppel, in plaintiff’s sexual harassment suit against her former employers seeking $250,000 in compensatory damages and $1 million in punitive damages.  In affirming, the court held [...]

Seventh-Day Adventist’s Trademark Suit, Plus Criminal & Labor Law Matters

US v. Cecil, 08-5080, concerned a challenge to the district court’s conviction of a former police officer for drug related offenses and imposition of a 144-month sentence.  In affirming both the conviction and the sentence, the court held that the district court did not err in rejecting defendant’s Batson challenge as defendant has failed to meet [...]

District Court’s Grant of Motion to Suppress In Felonious Possession Prosecution Affirmed

US v. Williams, 08-4630, concerned government’s challenge to the district court’s suppression of physical evidence and defendant’s statements during the encounter with the police officers, in ruling that defendant had been illegally seized, in a prosecution of defendant for being a felon in possession of a firearm and ammunition.  In affirming the judgment, the court held [...]

Homeowners; Civil Rights Suit For Being Ordered to Remove Asphalt From Driveway, Plus Criminal Law Matter

Hussein v. City of Perrysburg, 09-4054, involved a homeowners’ suit against a city, a city inspector and other individuals in their official and personal capacities, claiming that defendants violated their procedural and substantive due process rights by ordering a construction worker to remove a temporary asphalt layer in their driveway.
 
In reversing the judgment of the district [...]

Caviar Exporter’s Suit Against U.S. Fish & Wildlife Service, Plus Immigratin and Criminal Law Matters

US v. Bacon, 09-1793, concerned a challenge to the district court’s denial of an acceptance-of-responsibility reduction in imposing a within-Guidelines sentence of 34 months’ imprisonment involved a prosecution of defendant for bank fraud.  In affirmin, the court held that the district court thoroughly addressed the section 3553(a) factors and the error in the guidelines calculation was [...]

Caviar Exporter’s Suit Against U.S. Fish & Wildlife Service, Plus Immigratin and Criminal Law Matters

US v. Bacon, 09-1793, concerned a challenge to the district court’s denial of an acceptance-of-responsibility reduction in imposing a within-Guidelines sentence of 34 months’ imprisonment involved a prosecution of defendant for bank fraud.  In affirmin, the court held that the district court thoroughly addressed the section 3553(a) factors and the error in the guidelines calculation was [...]

Wimbush v. Wyeth, 09-3380

Wimbush v. Wyeth, 09-3380, involved a plaintiff’s suit against a diet pill manufacturer claiming strict liability and common law negligence.  In affirming in part, the court held that it was proper to grant defendant’s motion for summary judgment on a strict liability design defect claim as plaintiff failed to point to any evidence creating a [...]

Wimbush v. Wyeth, 09-3380

Wimbush v. Wyeth, 09-3380, involved a plaintiff’s suit against a diet pill manufacturer claiming strict liability and common law negligence.  In affirming in part, the court held that it was proper to grant defendant’s motion for summary judgment on a strict liability design defect claim as plaintiff failed to point to any evidence creating a [...]

McKenna v. Honsowetz, 08-2080

McKenna v. Honsowetz, 08-2080, concerned a challenge to the district court’s denial of defendants’ motions for summary judgment based on qualified immunity and reduction of an award for plaintiff for pain and suffering from $275,000 to $10,000, in plaintiff’s 42 U.S.C. section 1983 suit against two police officers who responded to a 911 report that [...]