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| All Erection & Crane Rental Corp. v. Acordia Northwest, Inc., No. 04-3862,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 18, 2006, Filed
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Overview: In a corporation's case against two insurance brokers, a negligence claim was properly dismissed because the corporation was seeking purely economic damages arising from the cancellation of an insurance policy; the lack of privity of contract was not relevant because all parties involved in the suit were commercial in nature.
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| Bangura v. Hansen, No. 04-3531,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 18, 2006, Decided , January 18, 2006, Filed
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Overview: Denial of U.S. citizen's spousal immigration petition pursuant to 8 U.S.C.S. § 1154(c) was non-final under 5 U.S.C.S. § 704 because he filed optional administrative appeal; wife's challenge to denial of former husband's petition failed because substantial evidence supported factual finding of fraud. U.S. Const. amend. XIV due process claims failed.
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| Bergman v. Baptist Healthcare Sys., No. 04-6435,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 18, 2006, Filed
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Overview: Summary judgment was granted to an employer in a case alleging pregnancy discrimination under 42 U.S.C.S. § 2000e(k) and Ky. Rev. Stat. Ann. § 344.040 because, although an employee established a prima facie case, she was unable to show that the employer's reason for termination based on temporary job restrictions was pretextual.
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| Feathers v. Willamette Indus., No. 04-5069,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 18, 2006, Filed
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Overview: Defendants were entitled to summary judgment on a conspiracy to engage in retaliatory discharge claim as there was no evidence that the employer and plant owner conspired to discharge an employee for filing for workers' compensation benefits. The retaliatory discharge, tortious interference with contract, and premises liability claims also failed.
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| Int'l Union v. Cummins, Inc., No. 05-3190,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 18, 2006, Decided , January 18, 2006, Filed
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Overview: Six-month statute of limitations under 29 U.S.C.S. § 160(b) did not bar a union's action to compel arbitration; although parties corresponded for over two years regarding arbitrability of grievance related to pension plan under Plant Sale Agreement, employer's refusal to arbitrate did not become unequivocal until 11 days before union filed suit.
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| Kottmyer v. Maas, No. 05-3033,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 18, 2006, Decided , January 18, 2006, Filed
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Overview: Parents' claims under § 1983 against hospital social worker, hospital, county, and family services' social worker, were properly dismissed as parents failed to allege hospital social worker and hospital were acting under color or law and investigation of child abuse allegations did not constitute violation of right to familial association.
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| McGee v. Schoolcraft Cmty. College, No. 04-1924,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 18, 2006, Filed
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Overview: College was entitled to governmental immunity on state law claims. Student's § 1985(3) claim failed as she was not member of protected class. Student's due process claims failed as interest in continued enrollment in occupational therapy assistant program was not protected property interest for purposes of procedural or substantive due process.
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| United States v. Micciche, No. 04-6099,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 18, 2006, Filed
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Overview: District court did not err in denying defendant's motion to withdraw guilty plea because it was made on the eve of sentencing, defendant offered no reason for failing to move for withdrawal earlier in proceedings, defendant failed to maintain his innocence, and the plea hearing revealed nothing unusual about the circumstances surrounding the plea.
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| United States v. Nolan, 04-6311,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 18, 2006, Filed
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Overview: Where the affidavits that supported defendant's arrest warrant were legally sufficient to establish probable cause, and where it was determined that two offenses, committed 29 months apart, were properly joined, the district court did not commit clear error or abuse its discretion in denying the motions to suppress and to sever.
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| United States v. Savoca, 04-4435,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, January 18, 2006, Filed
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Overview: In a prosecution arising out of multiple bank robberies, a district court did not err in allowing prosecutors to introduce evidence of a prior police chase involving a van driven by defendant because the evidence was not "other crimes" evidence under Fed. R. Evid. 404(b) but rather was evidence related to one of the charged offenses--conspiracy.
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