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| Adams v. Smith, No. 04-2326,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 9, 2006, Filed
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Overview: Prisoner failed to exhaust his administrative remedies as required under the PLRA; however, the court erred when it dismissed the action with prejudice because unless the requirements of 42 U.S.C.S. § 1997e had been satisfied, the action should be dismissed without prejudice for failure to satisfy the exhaustion requirement.
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| Bryant v. United States ex rel. United States Postal Serv., No. 05-5122,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 9, 2006, Filed
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Overview: Parent's claim, which trial court found incredible, that she could not remember more details about her employment history, medical records, and prior lawsuits did not excuse her failure to satisfy her discovery obligations. Dismissal under Fed. R. Civ. P. 37 was proper.
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| Casnave v. Lavigne, No. 04-2052,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 9, 2006, Filed
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Overview: Habeas petition under 28 U.S.C.S. § 2254 was denied because the state court did not unreasonably apply clearly established federal law in determining that the inmate was not in custody during his interrogation. Further, the inmate procedurally defaulted as he failed to contemporaneously object to an instruction, and there was no manifest injustice.
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| Haddad v. Gonzales, No. 04-4296,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 9, 2006, Decided , February 9, 2006, Filed
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Overview: Jordanian citizen's divorce did not constitute changed conditions or circumstances in Jordan as required under 8 U.S.C.S. § 1229a(c)(7)(C)(ii) and 8 C.F.R. § 1003.2(c)(3)(ii) and, thus, her petition to reopen removal proceedings related to asylum was untimely under 90-day deadline of 8 U.S.C.S. § 1229a(c)(7)(C)(i) and 8 C.F.R. § 1003.2(c)(3)(i).
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| Jestice v. Jestice (In re Jestice), No. 05-3007,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 9, 2006, Filed
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Overview: A former husband's obligations for credit card debt, a vehicle loan, and a mortgage were dischargeable under 11 U.S.C.S. § 523(a)(15) because those obligations lacked the traditional indicia of spousal support and were not excepted from discharge under § 523(a)(5) and the husband lacked the ability to pay the obligations.
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| Kornecky v. Comm'r of Soc. Sec., No. 04-2171,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 9, 2006, Filed
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Overview: A Social Security ALJ reasonably found that an examining physician's opinion was not as well supported as the other medical opinions, and plaintiff provided no basis for concluding that the techniques of the physicians, on whose opinions the ALJ relied, were methodologically unsound, or their conclusions illogical based on their exam findings.
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| Kroger Co. v. Malease Foods Corp., No. 04-4512,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 9, 2006, Decided , February 9, 2006, Filed
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Overview: In a case involving a dispute over a lease option purchase, the requirements for long-arm jurisdiction under Ohio Rev. Code Ann. § 2307.382 were not satisfied because a lessor did not engage in any negotiations with a lessee or have any ongoing contacts in Ohio; moreover, the bulk of the contacts within Ohio were not generated by the lessor.
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| Lexicon, Inc. v. Safeco Ins. Co. of Am., No. 04-6086,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 9, 2006, Decided , February 9, 2006, Filed
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Overview: Summary judgment should not have been granted to a surety on a claim for labor and materials cost because a settlement agreement concerning some costs recoverable by a subcontractor was ambiguous under Kentucky law; however, the subcontractor was unable to recover items not based on labor and material costs caused by delay.
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| United States v. Bogan, No. 05-1200,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 9, 2006, Filed
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Overview: Although defendant pled guilty to two offenses and provided assistance to the United States, because, during presentence interviews and in a letter to the court, she denied and attempted to minimize her role in her offenses, she was not entitled to an acceptance-of-responsibility adjustment under U.S. Sentencing Guidelines Manual § 3E1.1.
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| Woodruff v. Ohman, No. 05-5268,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 9, 2006, Filed
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Overview: Based on letters sent to a research council and immigration officials regarding an employee's alleged failure to produce, a supervisor was found liable for defamation because the defamatory meaning of the statements were not true since she was on the verge of publishing a paper regarding her research; moreover, punitive damages were appropriate.
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