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| Dixon v. White, No. 05-1786,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 3, 2007, Filed
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Overview: Because the case was materially indistinguishable from Doggett v. U.S., Michigan courts engaged in an unreasonable application of U.S. Supreme Court precedent when they held that the delay in defendant's trial for first degree criminal sexual conduct with a person under the age of 13 did not violate his Sixth Amendment right to a speedy trial.
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| Gaughan v. City of Cleveland, 06-3010,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 3, 2007, Filed
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Overview: City's ordinances that regulated the playing of sound devices were not impermissibly vague because they provided fair notice to the anti-abortion activists that their conduct was prohibited and the ordinances were not overly broad because they were content neutral, were narrowly tailored, and left open alternative channels of communication.
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| Nat'l Union Fire Ins. Co. v. Alticor, Inc., No. 05-2479,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 3, 2007, Decided , January 3, 2007, Filed
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Overview: Attorney who had previously been employed by an insurer could not represent clients who were appealing a decision in favor of the insurer pursuant to Mich. Prof. Cond. R. 1.10(b) because the attorney's new firm had not notified the court in writing of the attorney's change of employment and former representation of the insurer.
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| JPMorgan Chase Bank v. Fifth Third Bank, N.A., No. 06-5012,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 4, 2007, Filed
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Overview: Plaintiff bank's deed of trust had a priority interest over defendant bank's deed of trust where defendant bank's deed of trust and the related promissory note, despite statements to the contrary, clearly provided for optional advances inasmuch as they were contingent on the approval of a bank officer pursuant to Tenn. Code Ann. § 47-28-101.
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| Pittsburgh & Conneaut Dock Co. v. Dir., No. 05-3425,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 4, 2007, Decided , January 4, 2007, Filed
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Overview: Attorney's fees could not be assessed under 33 U.S.C.S. § 928(a) when an employer voluntarily paid compensation within 30 days of when the claimant filed his or her initial claim for compensation. Therefore, the Benefits Review Board's award of attorney's fees in favor of the employee was vacated.
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| United States v. Fleenor, No. 05-6444,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 4, 2007, Filed
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Overview: Under categorical approach, elements of negligent homicide under N.Y. Penal Law § 125.10 satisfied 18 U.S.C.S. § 924(e)(2)(B)(ii)'s definition of "violent felony." Causing person's death by failing to perceive substantial and unjustifiable risk qualified as conduct that presented serious potential risk of physical injury to another under § 924(e).
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