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| Baker v. City of Detroit, No. 05-2269,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 16, 2007, Filed
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Overview: Paramedic's actions during treatment of mother's daughter that eventually resulted in her death were not constitutional violation. Mere allegation of affirmative act was insufficient to state constitutional claim without reference to circumstances under which action was taken and analysis of what level of culpability applied to those circumstances.
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| Chesher v. Neyer, Nos. 05-4256/05-4257/05-4273/05-4274/05-4275/05-4332,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 16, 2007, Decided , February 16, 2007, Filed
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Overview: County employees of a morgue who, according to plaintiffs, inflicted emotional distress on plaintiffs when a private photographer was allowed to enter a morgue and take photographs of dead bodies without gaining the permission or consent of the family members were not entitled to immunity pursuant to Ohio R.C. § 2744.03(A)(6).
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| City of Detroit v. TXU Energy Retail Co., L.P., No. 06-1130,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 16, 2007, Filed
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Overview: Where discrepancy in natural gas supply contract concerned whether supplier was required to simply deliver natural gas to purchaser's local distribution company, or was additionally responsible for company's costs of further transporting gas to end-user facilities within the purchaser's limits, the admission of extrinsic evidence was permissible.
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| Crockett Colleries, Inc. v. Barrett, No. 05-4188,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 16, 2007, Decided , February 16, 2007, Filed
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Overview: Where one medical expert did not reach clear, medical conclusion concerning coal miner's respiratory capacity and failed to compare miner's exertional requirements with his respiratory capacity in order to reach his conclusion he possessed capacity to return to coal mine employment, the ALJ reached the determination of total disability.
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| Petty v. County of Franklin, No. 06-3552,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 16, 2007, Decided , February 16, 2007, Filed
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Overview: An inmate's claims were dismissed where he was unable to identify two county prison officials who he claimed were responsible for violations of his Eighth Amendment rights and the only properly named individual defendant, the sheriff, was too far removed from what transpired to be held liable in his personal capacity under 42 U.S.C.S. § 1983.
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| Rosenthal v. Bridgestone/Firestone, Inc., Nos. 05-4451, 05-4452,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 16, 2007, Filed
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Overview: Because law did not clearly dictate result in defendants' favor on North Carolina statute of repose and because majority of defendants' work could be transferred to Connecticut action or would be reimbursed under conditional order of dismissal, district court abused its discretion in granting Fed. R. Civ. P. 41(a)(2) motion for dismissal.
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| Taveras v. Taveraz, No. 06-3040,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 16, 2007, Decided , February 16, 2007, Filed
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Overview: Husband had failed to produce sufficient evidence that there was an international consensus that the sort of parental child abduction alleged in the complaint was a wrong so generally and universally recognized that it became a violation of the law of nations within the meaning of the Alien Tort Claims Act, 28 U.S.C.S. § 1350.
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| United States v. Robinson, No. 05-6904,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 16, 2007, Filed
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Overview: Where defendant was convicted of being a felon in possession of a firearm under 18 U.S.C.S. § 922(g)(1), his motion to suppress was properly denied as, when a woman called police to her home, told them that defendant, who had assaulted her, was inside with firearms, and gave them a key, she expected them to search for both defendant and firearms.
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| Valenzuela v. United States, No. 05-2121,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 16, 2007, Filed
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Overview: The inmate had failed to show that the attorney's assistance was deficient. Because the inmate had not shown that his counsel's performance was deficient and because the district court did not abuse its discretion by refusing to hold an evidentiary hearing, the court affirmed the denial of the inmate's 28 U.S.C.S. § 2255 motion.
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