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| Garcia-Flores v. Gonzales, No. 05-3689,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 23, 2007, Decided , February 23, 2007, Filed
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Overview: Alien's appeal of his order of removal was dismissed because he failed to report despite a lawful order requiring him to do so while he was subject to the jurisdiction of the court; therefore, his appeal was dismissed pursuant to the fugitive entitlement doctrine.
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| Gore v. El Paso Energy Corp. Long Term Disability Plan, No. 05-6792,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 23, 2007, Decided , February 23, 2007, Filed
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Overview: Where the appellate court determined that an employee's breach of fiduciary duty claim was not a repackaged denial of ERISA benefits claim, the court ruled that the district court's dismissal of the employee's 29 U.S.C.S. § 1132(a)(3) claim was error, and reversed that decision.
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| Harrison v. Motley, No. 04-6157,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 23, 2007, Decided , February 23, 2007, Filed
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Overview: There was no evidence in record that suggested that either of inmate's attorneys were ever criminally investigated for their representation, nor did inmate inform trial court that he had conflict of interest with either attorney. Attorneys' concerns over being indicted or sued as result of representation did not give rise to conflict of interest.
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| Ibarra v. Lexington-Fayette Urban County Gov't, 06-5691,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 23, 2007, Filed
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Overview: Employee was charged with the responsibility of advocating for the Hispanic community with the various governmental agencies and social service providers; therefore, the speech that the employee emphasized to support his claim of retaliation was not constitutionally-protected speech, given the context in which the comments were made.
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| United States v. Flores, No. 06-1152,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 23, 2007, Decided , February 23, 2007, Filed
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Overview: A federal district court properly declined to use defendant's conviction for carrying a concealed weapon under Mich. Comp. Laws § 750.227 as a predicate offense for sentencing pursuant to the Armed Career Criminal Act, 18 U.S.C.S. § 924(e), for his 18 U.S.C.S. § 922(g)(1) conviction as the term "violent felony" did not include such a conviction.
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| Wagner-Meinert, Inc. v. EDA Controls Corp., No. 06-3777,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 23, 2007, Filed
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Overview: Plaintiff's claims for breach of contract were barred by four-year statute of limitations for contracts that related to sale of goods, pursuant to Ohio R.C. § 1302.98. Service portion was less than five percent of the contract price, which supported the district court's determination that the contract was for the sale of a refrigeration system.
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