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| Bakri v. Venture Mfg. Co., No. 05-4532,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 17, 2007, Decided , January 17, 2007, Filed
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Overview: In former employee's ERISA action seeking to recover deferred compensation plan benefits, the district court erred in granting summary judgment for company based on holding that employee was participant in "top hat" plan; the plan did not qualify as a "top hat" plan because it did not meet the "selectivity" requirements of 29 U.S.C.S. § 1051(2).
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| Minor v. Wilson, No. 05-3534,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 17, 2007, Filed
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Overview: A state inmate's habeas corpus petition was properly denied as, though the trial court did not make all required findings under Ohio Rev. Code Ann. § 2929.14(E)(4) to impose consecutive sentences, counsel was not constitutionally ineffective for failing to raise the issue on direct appeal as the same sentence could have been expected on remand.
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| Pipefitters Local 636 v. Blue Cross & Blue Shield , 05-2580,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 17, 2007, Filed
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Overview: Where a self-insured multiemployer trust fund administered under ERISA, 29 U.S.C.S. § 1001 et seq., and the LMRA, 29 U.S.C.S. § 186, sued an insurer, with which it contracted, for breach of fiduciary duties under 29 U.S.C.S. §§ 1132(a)(2), 1109(a), it sufficiently alleged a fiduciary duty as the insurer controlled fund assets and paid itself a fee.
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| Teen Ranch, Inc. v. Udow, No. 05-2371,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 17, 2007, * Decided* This decision was originally issued as an "unpublished decision" filed on January 17, 2007. On January 31, 2007, the court designated the opinion as one recommended for full-text publication., January 17, 2007, Filed
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Overview: Michigan Family Independence Agency's discontinuance of referrals to child services provider that incorporated religion into programming did not violate provider's U.S. Const. amends. I, XIV rights; such placements would run afoul of 2003 Mich. Pub. Acts 775 and Establishment Clause. Also, 42 U.S.C.S. § 604a could only be enforced in state court.
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| Teen Ranch, Inc. v. Udow, No. 05-2371,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 17, 2007, Filed
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Overview: Summary judgment was properly granted to a state Family Independence Agency in a child services provider's § 1983 action against it because, pursuant to 42 U.S.C.S. § 604a, placements could not be government-funded with the faith-based provider without running afoul of the Establishment Clause, and the provider's constitutional claims failed.
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| USW v. Cooper Tire & Rubber Co., No. 05-4641,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 17, 2007, Decided , January 17, 2007, Filed
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Overview: Summary judgment for union was proper on issue of arbitrability in union's 29 U.S.C.S. § 185 action seeking to compel arbitration of grievance involving terms of side letter; under scope test, subject matter of side letter--caps on contributions to retiree health care benefits--pertained to subject matter of CBA that contained arbitration clause.
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| United States v. Davis, No. 05-6882,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 17, 2007, Decided , January 17, 2007, Filed
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Overview: Because defendant's extortion was directed at business, de minimis connection with interstate commerce was sufficient to satisfy Hobbs Act, 18 U.S.C.S. § 1951; sufficient evidence supported de minimis effect because bar owner who was victim of defendant's extortion purchased alcohol from out-of-state retailer and had customers from other states.
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| United States v. Hernandez, No. 05-6349,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 17, 2007, Filed
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Overview: Although district court violated 18 U.S.C.S. § 3553(c) in failing to state why it chose sentence at highest end of range after defendant pled guilty to violating 21 U.S.C.S. § 848 and 18 U.S.C.S. § 1956(h), the error did not affect substantial rights because district court referred to 18 U.S.C.S. § 3553(a) factors and adopted presentence report.
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| Wood v. Detroit Diesel Corp., No. 06-1157,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 17, 2007, Filed
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Overview: District court did not abuse discretion in granting retirees' request for preliminary injunction restraining employer's efforts to require retirees to pay health care premiums; retirees demonstrated likelihood of success on merits of claim that fully-funded coverage vested and that unilateral change was actionable under 29 U.S.C.S. §§ 185, 1132.
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