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| Greer v. Ford Motor Credit Co., No. 05-5165,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 2, 2006, Filed
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Overview: Where district court found that employer was entitled to summary judgment because employee and his wife failed to establish either that husband suffered adverse employment action or that he was subjected to pervasive retaliatory harassment by supervisor, appellate court was not persuaded that district court erred in granting summary judgment.
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| Soler v. Evans, St. Clair & Kelsey, 04-4188,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 2, 2006, Filed
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Overview: Appellate court rejected client's argument that res judicata, or claim preclusion, should not have foreclosed her resort to federal judiciary because she did not have full and fair opportunity to litigate her claims in state court. Client's assertion that she did not have opportunity to litigate affirmative malpractice claims was patently false.
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| Todd v. City of Cincinnati, No. 05-3343,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 3, 2006, Decided , February 3, 2006, Filed
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Overview: Case should not have been decided as matter of law on issue of whether appointing police officers regarded former officer as disabled. There was considerable evidence that two of appointing officers believed that former officer had left police department due to disability that would have made him unable to perform duties of firearms instructor.
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| Clark-Murphy v. Foreback, Nos. 05-1323/05-1394,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 6, 2006, Decided , February 6, 2006, Filed
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Overview: In a 42 U.S.C.S. § 1983 action, qualified immunity was properly denied to 11 corrections officers in charge of a prisoner who died in an observation cell because they disregarded an excessive risk of harm to his health by failing to ensure that he had water and psychiatric treatment; these rights were clearly established under the Eighth Amendment.
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| Giant Eagle, Inc. v. Monus (In re Monus), 04-4417,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 6, 2006, Filed
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Overview: Debtor was properly denied a general discharge pursuant to 11 U.S.C.S. § 727(a)(7), where he had been criminally convicted of numerous counts of fraud and fraud related offenses associated with the stock of the corporation that the creditor had been induced to purchase at an inflated price.
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| Mathis v. Mahle, Inc., No. 04-6145,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 6, 2006, Filed
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Overview: Because the district court should have reviewed the corporation's decision to deny benefits under the ERISA plan under the arbitrary and capricious review standard, and because the claimant failed to convince the panel that the corporation's decision was arbitrary and capricious, the judgment of the district court for the claimant was reversed.
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| United States v. Stanback, 05-5077,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 6, 2006, Filed
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Overview: District court did not err in determining that aggravated assault under Tenn. Code Ann. § 39-13-102(1), (2) was a "crime of violence" for purposes of U.S. Sentencing Guidelines Manual § 2K2.1(a)(4)(A); even after Booker, it was not necessary to submit issues regarding the fact or nature of prior convictions to a jury.
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