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| Abbott v. Michigan, No. 06-1434,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 22, 2007, Decided , January 22, 2007, Filed
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Overview: Michigan inmates' claim against State officials for alleged conversion of pension benefits in violation of ERISA was barred by Rooker-Feldman doctrine because claim was actually challenge to state-court judgments ordering reimbursement from inmates' pensions under State Correctional Facility Reimbursement Act, Mich. Comp. Laws § 800.401 et seq.
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| Duhani v. Gonzales, No. 05-4549,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 22, 2007, Filed
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Overview: Because substantial evidence supported the holding of the IJ and BIA, namely that human rights conditions in Kosovo had improved for ethnic Albanians, an Albanian asylum applicant from Kosovo did not have an objectively reasonable fear of future persecution and was not eligible for asylum under 8 U.S.C.S. § 1158.
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| Pratt v. United States, No. 05-4123,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 22, 2007, Filed
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Overview: Although it was assumed that defendant's mother lacked a key to her son's bedroom at the time of the search, it was clear that she ordinarily retained a key to the room and accordingly had regular access to the room. The appellate court held that the mother had actual authority to consent to the search of her son's locked bedroom.
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| Preferred Props. v. Indian River Estates, Inc., No. 05-3207 AND 05-3485,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 22, 2007, Filed
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Overview: After the appellate court determined that the Fed. R. Civ. P. 60(b) motion for fraud was untimely because it did not comport with the one-year time limitation to file such a motion, defendants also could not prevail on a generalized fraud claim because an allegation of the perjury of a witness did not suffice to constitute fraud upon the court.
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| Prime Media, Inc. v. City of Brentwood, No. 05-6343,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 22, 2007, Decided , January 22, 2007, Filed
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Overview: District court properly dismissed outdoor advertising company's facial challenge to city's sign ordinance for lack of U.S. Const. art. III standing; although company had standing in unsuccessful challenge to size and height requirement, it had not been injured by ordinance's other provisions and thus lacked standing even under overbreadth doctrine.
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| Trust Co. v. TVA, Case No. 05-5875,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 22, 2007, Filed
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Overview: A judgment in favor of a trust company in its Quiet Title Act, 28 U.S.C.S. § 2409a, action was reversed because, while a permit issued to defendant to enjoy an easement to operate and maintain a microwave repeater site expired, the permit created a permanent easement in the event that the federal government sold the land before the permit expired.
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