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| Ablahad v. Gonzales, Nos. 05-4328 & 06-3287,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 15, 2007, Filed
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Overview: Where the court could not rely on a bald assertion that an immigrant did not recall receiving the notices of the removal proceedings because the statement could not support a finding that the Board of Immigration Appeals abused its discretion, the appellate court affirmed the denial of the motion to reopen.
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| Cooper v. Comm'r of Soc. Sec., No. 06-5606,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 15, 2007, Filed
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Overview: Denial of social security benefits was affirmed because there was substantial evidence that the claimant did not meet the diagnostic description for mental retardation based on his semiskilled work, the ability to play the guitar and riding a motorcycle and the medical evidence showed that claimant could perform a full range of medium work.
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| Dietrich v. Nob-Hill Stadium Props., No. 05-2255,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 15, 2007, Filed
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Overview: After determining that the plain language of 11 U.S.C.S. § 349(a) allowed a bankruptcy court to dismiss a bankruptcy petition with prejudice, permanently, if there was sufficient cause, the appellate court found that the district court had properly dismissed with prejudice plaintiff's Chapter 7 bankruptcy case because she had acted in bad faith.
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| Eggerson v. Hessler, 05-2333,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 15, 2007, Filed
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Overview: District court properly granted summary judgment to U.S. Marshall in 42 U.S.C.S. § 1983 suit alleging excessive force during arrest in violation of Fourth Amendment as there was no genuine issue of material fact as to manner in which events occurred and Marshall's perception that he was under threat of serious harm was reasonable.
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| Mateo v. Gonzales, No. 05-4119,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 15, 2007, Filed
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Overview: Substantial evidence supported the Immigration Judge's conclusion that the immigrant could not show a well-founded fear of future persecution as required in 8 C.F.R. § 1208.13(a). Because the denial of asylum was supported by substantial evidence, the immigrant's claim for withholding of removal also had to be denied.
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| NLRB v. Newcor Bay City Div. of Newcor, Inc., No. 06-1285,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 15, 2007, Filed
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Overview: Court enforced NLRB order finding that an employer engaged in unfair labor practices under 29 U.S.C.S. § 158(a)(5) and (1) by unilaterally implementing its final proposal absent a bargaining impasse as substantial evidence, as required by 29 U.S.C.S. § 160(e), (f), supported the conclusion that the parties had not bargained to impasse.
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| Nelson v. Riddle, No. 06-5570,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 15, 2007, Filed
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Overview: District court erred in denying police officers' motion for summary judgment on issue of qualified immunity in 42 U.S.C.S. § 1983 suit alleging illegal arrest in violation of the Fourth Amendment because the undisputed evidence showed that appellee failed to stop when pursued by officers and they had probable cause to arrest him for fleeing.
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| Richards v. Dep't of the Army, 05-1091,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 15, 2007, Filed
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Overview: District court properly granted summary judgment to federal employer on federal employee's claims of sex discrimination in violation of Title VII because employee failed to exhaust her administrative remedies as she did not initiate contact with EEOC within 45 days of alleged misconduct as required by 29 C.F.R. § 1614.105(a)(1).
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| Turner v. United States Dep't of Agric., No. 05-4487,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 15, 2007, Filed
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Overview: Substantial evidence supported Judicial Officer's decision that horse owner and trainer violated 15 U.S.C.S. § 1824(2)(B) of Horse Protection Act, 15 U.S.C.S. § 1821 et seq., by entering horse at show while horse was "sore." Veterinarian Medical Officers' affidavits were reliable and probative; inaccuracies as to horse's sex were irrelevant.
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| United States v. Castro-Martinez, NO. 06-3112,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 15, 2007, Filed
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Overview: District court discussed need for sentence imposed to reflect seriousness of offense, promote respect for the law, adequately afford deterrence to this particular defendant's criminal conduct, take into consideration the public's need for safety, and provide just punishment. Court properly considered the factors set forth in 18 U.S.C.S. § 3553(a).
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