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| Colonial Pipeline Co. v. Morgan, No. 06-5220,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 9, 2007, Decided , January 9, 2007, Filed
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Overview: A taxpayer that operated a gasoline pipeline that was assessed at a 55 percent rate under the amended Tenn. Code Ann. § 67-5-501(9) could not maintain a federal action to challenge that statute's constitutionality because the Tax Injunction Act, 28 U.S.C.S. § 1341, barred the taxpayer's federal challenge and the taxpayer had a state forum.
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| Erickson's Flooring & Supply Co. v. Tembec, Inc., No. 06-1277,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 9, 2007, Filed
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Overview: Even if there was oral contract that made distributor exclusive distributor for producer in certain area, there was not triable fact issue as to whether contract was terminable only for just cause or with notice. Oral agreement between parties was for indefinite term, and letters submitted by distributor did not mention termination only for cause.
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| Johnson v. Bradshaw, No. 05-3260,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 9, 2007, Filed
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Overview: District court properly denied § 2254 petition following convictions under Ohio Rev. Code Ann. §§ 2907.02, .05, 2921.04; record did not establish entitlement to presumption of prejudicial impact resulting from appointment of counsel 15 days before trial for purposes of U.S. Const. amend. VI claim of constructive denial of effective assistance.
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| Katz v. Rabkin, No. 05-4342,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 9, 2007, Filed
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Overview: While it may have been reasonable for plaintiff to believe that the favorable tax treatment defendant non-profit received would make it subject to suit in federal court, defendant's motion to dismiss and the district court's decision to dismiss was sufficient to notify her that her claim was groundless and subject to Fed. R. Civ. P. 11 sanctions.
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| Roberts v. Anderson, No. 05-6828,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 9, 2007, Filed
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Overview: In arrestee's § 1983 action against jailer, photographs of arrestee were properly excluded under Fed. R. Civ. P. 37(c) because photographs were not disclosed prior to trial as required under Fed. R. Civ. P. 26(a)(1). Also, arrestee's underlying conviction under Tenn. Code Ann. § 39-16-602 barred his excessive force claim against police officers.
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| Simpson v. Intermet Corp., No. 05-4536,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 9, 2007, Filed
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Overview: An insurer providing umbrella coverage was not required to extend coverage when an employee was crushed to death at work because the employee's injury arose from a substantial certainty intentional tort by the employer and the employer's intent to harm was thus inferred as a matter of law; intended accidents were not covered under the policy.
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| United States v. Bearden, No. 05-6595,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 9, 2007, Filed
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Overview: The Fourth Amendment did not require the suppression of a gun seized from defendant, a customer of a business whose employees were suspected by police to be armed, because the police had reasonably mistaken defendant for an employee when they lacked information about how employees were dressed and defendant was in a work area.
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| United States v. Brumley, No. 05-6747,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 9, 2007, Filed
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Overview: A 144 month sentence for a career offender who pled guilty to two counts of violating 21 U.S.C.S. § 841(a)(1) was both procedurally and substantively reasonable. The sentencing court considered his criminal history and his serious substance abuse problem, and recommended placement in an institution offering long-term drug treatment program.
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| United States v. Hartman, No. 05-6483,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 9, 2007, Filed
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Overview: Defendant was properly convicted of violations of 21 U.S.C.S. § 841(a)(1), (b)(1)(D), and (b)(1)(c) when his home was searched and drugs were found there because there was no clear error in the district court's decision to disbelieve the accounts of defendant's witnesses as to whether police had searched defendant's home before obtaining a warrant.
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| United States v. Merrell, No. 05-6577,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 9, 2007, Filed
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Overview: District court properly found that defendant's methamphetamine-manufacturing activities created substantial risk of harm to minors for purposes of U.S. Sentencing Guidelines Manual § 2D1.1(b); residence at defendant's house and presence at same time drugs were manufactured were not required because hazardous materials were scattered outside house.
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