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| Linton v. Streetsboro City Sch. Dist. Bd. of Educ., Nos. 04-4436, 04-4437,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 11, 2006, Filed
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Overview: Court upheld a jury verdict in favor of former superintendent on her breach of contract claim against board of education and its members; jury reasonably could have found that termination agreement bound, not only the board, but also the board members, who each signed the agreement.
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| United States v. Buckingham, No. 05-5014,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 11, 2006, Decided , January 11, 2006, Filed
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Overview: Trial court erred by denying defendant's motion to suppress evidence without first determining whether defendant had withdrawn his oral consent to a search of his vehicle; defendant argued that his written consent was coerced, and U.S. had conceded before trial court that defendant withdrew his oral consent.
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| United States v. Leprich, Nos. 04-1059, 04-1066, 04-3337,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 11, 2006, Filed
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Overview: Alien's Fed. R. Civ. P. 60(b) motion to vacate the 1987 order of removal was untimely and the alien's delay was caused solely by his own decision to flee the United States to avoid enforcement of the order which he now sought to challenge. The habeas petition failed because the order constituted as a valid revocation of the alien's citizenship.
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| United States v. Lewis, 04-3785,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 11, 2006, Filed
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Overview: Where, when denying a motion for reconsideration, a district court simply reiterated its prior decision that it lacked jurisdiction to revise an inmate's sentence pursuant to Fed. R. Crim. P. 35, the denial of the motion for reconsideration was not reviewable.
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| United States v. Miller, Nos. 04-5834/04-6116,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 11, 2006, Decided , January 11, 2006, Filed
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Overview: District court properly sentenced defendant to a mandatory minimum sentence of 20 years' imprisonment per 21 U.S.C.S. § 841(b)(1); although defendant was punished under Georgia's first-time offender statute, Ga. Code Ann. § 42-8-60 (1988), his conviction became final under federal law when the time to appeal it ended.
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| United States v. Terry, No. 04-6380,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 11, 2006, Filed
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Overview: Where 121 days elapsed between the time defendant entered his guilty plea and moved to withdraw that plea, and defendant did not claim to be innocent but, instead, complained that his first attorney should have moved to suppress evidence, the district court did not err by denying defendant's motion to withdraw his plea.
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| Burrell v. Henderson, No. 04-4516,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 12, 2006, Decided , January 12, 2006, Filed
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Overview: District court erred in denying union's motion for relief from default judgment under Fed. R. Civ. P. 60(b)(1). In light of mistakes made by both parties, union president's repeated attempts to advance litigation, and union's lack of notice of default proceedings, union established that its failure to defend suit was due to excusable neglect.
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| Joseph Chevrolet, Inc. v. NLRB, Nos. 04-2536/05-1089,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 12, 2006, Filed
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Overview: Because the findings of fact and legal conclusions of the NLRB were supported by the record and by the applicable law, the court enforced the NLRB's order that an automobile dealership had committed various unfair labor practices by singling out certain employees for discipline or harassment solely because of the workers' union sympathies.
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| Primax Recoveries, Inc. v. Gunter, No. 04-6357,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 12, 2006, Decided , January 12, 2006, Filed
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Overview: A district court had subject-matter jurisdiction over an action ostensibly brought under 29 U.S.C.S. § 1132(a)(3) apparently for solely legal relief, even if that action failed to state a claim upon which relief can be granted. District court erred in concluding it lacked subject-matter jurisdiction to award fees and costs pursuant to § 1132(g).
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