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| Chirco v. Crosswinds Cmtys., Inc., No. 05-1715,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 10, 2007, Decided , January 10, 2007, Filed
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Overview: In a copyright infringement action involving a condominium development, as suit was not filed until most units were built and many were occupied despite being aware of the project, the doctrine of laches was allowed to trump the three-year statute of limitations found in 17 U.S.C.S. § 507(b) insofar as developers sought destruction of the condos.
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| Clinton River Cruise Co. v. Delacruz, No. 05-2689,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 10, 2007, Filed
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Overview: A district court erred in refusing to consider affidavits offered by a ship company after depositions were taken when the affidavits provided a more complete explanation of a crewmember's duties and the parties disputed whether the crewmember's duties made her a deckhand because the affidavits were not contradictory to the deposition testimony.
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| Congrove v. McDonald's Corp. (In re Congrove), Nos. 05-4224, 05-4265,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 10, 2007, Filed
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Overview: Summary judgment for franchiser was proper in Chapter 11 debtor's action seeking to avoid transfer of franchises back to franchiser; there was "reasonably equivalent value" under 11 U.S.C.S. § 548(a)(1)(B) and Ohio Rev. Code Ann. §§ 1336.04, .05, and franchiser was not insider under 11 U.S.C.S. § 547(b)(4)(B) and Ohio Rev. Code Ann. § 1336.05(B).
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| Griffith v. Coburn, No. 05-2720,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 10, 2007, Decided , January 10, 2007, Filed
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Overview: District court erred in granting summary judgment based on qualified immunity in favor of police officer in personal representative's § 1983 action alleging excessive force during decedent's arrest in violation of U.S. Const. amend. IV; material dispute remained concerning reasonableness of officer's use of choke hold on person with mental problem.
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| Hollins v. Methodist Healthcare, Inc., No. 05-6301,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 10, 2007, Decided , January 10, 2007, Filed
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Overview: Ministerial exception applied to employee's ADA claim given the pastoral role she filled at the hospital. Furthermore, employer did not waive its First Amendment right to the ministerial exception when it sought and obtained accreditation from the Association of Clinical Pastoral Education; therefore, the court lacked subject matter jurisdiction.
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| Legair v. Circuit City Stores, Inc., Nos. 05-4179 & 06-3361,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 12, 2007, Filed
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Overview: Motion to compel arbitration and enforcement of arbitrator's decision was affirmed because the agreement to arbitrate was valid and enforceable and the employee failed to exercise his right to opt out of the program. Therefore, the employee, by his conduct, demonstrated his agreement to be bound by the employer's dispute resolution program.
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| Mburu v. Gonzales, Case No. 05-4041,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 12, 2007, Filed
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Overview: Substantial evidence supported denial of asylum under 8 U.S.C.S. § 1101(a)(42)(A) based on finding that maltreatment of which alien wife complained did not constitute past persecution. Four-day detention, incidents of physical assault for which there was no showing that she sought medical attention, and interrogations did not amount to persecution.
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| Tigrett v. United States, No. 05-6629,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 12, 2007, Filed
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Overview: Taxpayer was not entitled to a refund under 26 U.S.C.S. § 162 because his personal assumption and payment of a $ 5 million indemnity obligation to cover a corporate loss, which was unforeseeably occasioned in part by an act of domestic terrorism, was anything but "ordinary."
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| United States v. Jackson, No. 05-6014,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 12, 2007, Decided , January 12, 2007, Filed
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Overview: Defendant was properly convicted of distribution and possession with intent to distribute more than five grams of crack cocaine, although he was arrested nearly 22 months after a grand jury handed down the indictment against him and the delay violated the Speedy Trial Act, 18 U.S.C.S. § 3161(j), because there was no evidence of actual prejudice.
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