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| Butler v. Renico, No. 05-1825,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 20, 2007, Filed
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Overview: Where habeas petitioner's trial counsel waited to see if petitioner was convicted before moving for new trial on the basis that the petitioner complained, petitioner could not show either element of the Strickland ineffective assistance of counsel test. The strategy allowed petitioner to find out whether he was even convicted before raising issue.
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| Ctr. for Bio-Ethical Reform, Inc. v. City of Springboro, No. 06-3284,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 20, 2007, Decided , February 20, 2007, Filed
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Overview: Summary judgment for law enforcement officers based on qualified immunity was improper in pro-life advocacy group's § 1983 action; genuine issue remained as to whether retaliation for U.S. Const. amend. I speech motivated investigatory stop. Also, unobjectionable Terry stop ripened into "arrest" absent probable cause under U.S. Const. amend. IV.
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| Fall v. Gonzales, No. 05-4470,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 20, 2007, Filed
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Overview: Immigration judge properly found that it was highly improbable that the government of the alien's homeland detained the alien and confiscated all his land because it believed, incorrectly, that the alien belonged to an anti-government political organization advocating on behalf of his ethnic group, black Fulani.
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| Gill v. Locricchio, 06-1659,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 20, 2007, Filed
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Overview: Despite having a videotape of an arrest, a dispute of fact prevented the appellate court from having jurisdiction over an interlocutory appeal because the tape did not establish conclusively that the officers were entitled to qualified immunity because the force used to make the arrest was not excessive under the Fourth Amendment.
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| Godleski v. FirstEnergy Corp., No. 06-3448,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 20, 2007, Decided , February 20, 2007, Filed
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Overview: ERISA plan provided for two alternative methods for obtaining severance benefits: either by obtaining them automatically or by filing a claim for them. Plan said nothing about release agreements in connection with rescinded offers; it instead provided an independent claims process for those who believed they qualified but were not offered benefits.
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| Grubb & Ellis/Centennial, Inc. v. Gaedeke Holdings, Ltd., No. 06-5107,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 20, 2007, Filed
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Overview: Tenn. Code Ann. § 47-14-109(b) required that liquidated and settled accounts, signed by debtor, were to bear interest from time they became due. Where liquidation requirement was satisfied because in the instant action because the amount of the debt was certain or could be made certain by mere computation, the statutory requirements had been met.
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| Kena Props., LLC v. Merchs. Bank & Trust, No. 06-3688,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 20, 2007, Filed
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Overview: A bank was permitted to nullify agreements embodied in commitment letters issued to potential borrowers because the borrowers being named in a lawsuit for mortgage fraud was a material adverse condition which could cause the commitment to be deemed null and void according to the plain language of the commitment letters.
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| Nichols v. Moore, No. 05-2075,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 20, 2007, Decided , February 20, 2007, Filed
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Overview: Where an individual, who was the brother of convicted Oklahoma City bomber Terry Nichols, and an acquaintance of Timothy McVeigh, claimed that a narration concerning the bombing connected to an interview with him in a documentary film was defamatory, summary judgment was properly granted to the producer because the narration was substantially true.
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| United States v. Gaskin, No. 05-2224,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 20, 2007, Filed
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Overview: Defendant was properly resentenced for his drug and firearm convictions under 21 U.S.C.S. § 841, 18 U.S.C.S. § 922(g)(1) to concurrent terms of 144 and 120 months' imprisonment as an original alternate sentence of 120 months for each count impermissibly downwardly departed due to the district court's disagreement with the career offender sentence.
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| Yong En Lin v. Gonzales, No. 06-3183,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 20, 2007, Filed
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Overview: Alien was not entitled to asylum because he failed to establish past persecution because he had ever been threatened, arrested, detained by the police, or physically harmed or that he was not issued a work certificate because his parents lodged a complaint regarding inadequate compensation or refused to donate money to the Buddhist temple.
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