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| Abusada v. Gonzales, 06-3199,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 8, 2007, Filed
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Overview: An alien, a Palestinian whose claims were based on his status as a devout Christian living in the West Bank, was properly denied asylum pursuant to 8 U.S.C.S. §§ 1101(a)(42)(A), 1158(b)(1), withholding of removal pursuant to 8 U.S.C.S. § 1231(b)(3)(A), and relief under the CAT as he was merely the victim of indiscriminate mistreatment.
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| Bonnell v. Mitchell, 04-3301,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 8, 2007, Filed
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Overview: Because no falsehoods were actually communicated by the witnesses identified by the inmate, the prosecution did not deny the inmate a fair trial as guaranteed by U.S. Const. amend. XIV as alleged by the inmate. The court held that the inmate's prosecutorial misconduct allegations were procedurally barred.
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| Briggs v. Oakland County, No. 06-1405,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 8, 2007, Filed
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Overview: In a 42 U.S.C.S. § 1983 case wherein it was alleged that a pretrial detainee's Fourth, Eighth, and Fourteenth Amendment rights were violated due to deliberate indifference when he fell from a bunk and died from injuries, summary judgment was properly granted to appellees as they did not disregard a substantial risk of harm to his health or safety.
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| Chandler v. Liberty Mut. Ins. Group, No. 05-6869,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 8, 2007, Filed
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Overview: When transportation company agreed to indemnify dairy company and buy coverage for dairy company, and agreed that insurance provided by dairy company would be excess to transportation company's coverage, transportation company's policy with plaintiff insurer had to be exhausted before defendant insurer would be liable under dairy company's policy.
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| Detroit Radiant Prods. Co. v. BSH Home Appliances Corp., No. 06-1469,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 8, 2007, Decided , January 8, 2007, Filed
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Overview: A buyer that did not want to pay for all the custom-made stove burners it had ordered was ordered to pay lost profit damages to the seller under Mich. Comp. Laws § 440.2708(2) because the seller could not unload the burner units as they were unique and the buyer did not want the seller to share any secrets as to the units.
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| Franklin v. Miami Univ., No. 05-4445,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 8, 2007, Filed
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Overview: Police officer was entitled to qualified immunity because he had probable cause to arrest an employee who had threaten a coworker for criminal menacing under Ohio law, Ohio Rev. Code Ann. § 2903.22, where both the coworker and the employee's manager corroborated the employee's threats and stated he posed a danger of violence.
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| Grijalva v. Gonzales, No. 05-3520,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 8, 2007, Filed
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Overview: Board of Immigration Appeals erred when it failed to consider this definition of "acquiescence" in light of averments in an affidavit and the statements in the earlier State Department letter that Guatemalan police turn a deliberate blind eye toward the persecution of homosexuals in that country. The decision was vacated and remanded to the BIA.
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| Hughes v. GMC, No. 05-2649,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 8, 2007, Filed
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Overview: Employer properly was awarded summary judgment on employee's 42 U.S.C.S. § 1981 race discrimination claim for failure-to-promote, as employee failed to establish prima facie case of discrimination. She was unable to present any evidence to show that persons hired into 13 of 16 positions for which she applied during relevant time period were white.
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| Jeffrey A. Grusenmeyer & Assocs. v. Davison, Smith & Certo Architects, Inc., 06-3293,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 8, 2007, Filed
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Overview: Contrary to an architectural firm's assertions, its contract with a high school to develop a master plan permitted the use of the materials developed under it; therefore another architectural firm hired by the school to develop a performing arts building could use those materials without infringing on any copyright under 17 U.S.C.S. § 501.
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