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| Cambio Health Solutions, LLC v. Reardon, Nos. 04-6485 and 05-5041,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 27, 2007, Filed
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Overview: Company was not entitled to judgment as matter of law on executive's claims for tortious interference and statutory procurement of breach of contract, Tenn. Code Ann. § 47-50-109; under Tennessee law, company with less than 100 percent interest in subsidiary did not have qualified privilege to interfere with contractual relations of subsidiary.
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| Smith Wholesale Co. v. Philip Morris USA, Inc., No. 05-6481,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 27, 2007, Filed
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Overview: District court properly granted summary judgment for cigarette manufacturer on distributors' claims of price discrimination and attempted monopolization under 15 U.S.C.S. §§ 13(a) and 2; manufacturer's market-share discount program was functionally available to all distributors, and there was no evidence that manufacturer possessed monopoly power.
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| Smith Wholesale Co. v. R.J. Reynolds Tobacco Co., No. 05-6053,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 27, 2007, Decided , February 27, 2007, Filed
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Overview: Capacity of plaintiffs to qualify for best discount was matter of marketing strategy, a choice inherent and unavoidable in multi-brand incentive programs. Because discount was functionally available to plaintiffs, a requisite element of prima facie secondary-line price 15 U.S.C.S. § 13(a) claim, price discrimination was not established.
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| Tapia-Martinez v. Gonzales, No. 05-4413,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 27, 2007, Decided , February 27, 2007 *, Filed * This decision was originally issued as an "unpublished decision" filed on February 27, 2007. On March 30, 2007, the court designated the opinion as one recommended for full-text publication.
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Overview: BIA did not abuse discretion in denying alien's second motion to reopen as numerically barred, 8 U.S.C.S. § 1229a(c)(7)(A), 8 C.F.R. § 1003.2(c)(2); equitable tolling did not apply because alien did not establish due diligence in pursuing ineffective assistance claims against two attorneys. Alien also did not comply with voluntary departure terms.
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| Tapia-Martinez v. Gonzales, No. 05-4413,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 27, 2007, Filed
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Overview: An alien's second motion to reopen removal proceedings was numerically barred under 8 C.F.R. § 1003.2(c)(2), and equitable tolling did not apply because she did not exercise due diligence in pursuing her ineffective assistance of counsel claim. As she did not comply with her voluntary departure, she was ineligible for cancellation of removal.
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| Union Planters Bank, N.A. v. Cont'l Cas. Co., Nos. 05-6094/6095,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 27, 2007, Decided , February 27, 2007, Filed
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Overview: Summary judgment was properly granted to a bank left with worthless collateral, the victim of a mortgage company's fraudulent scheme, as, though it rarely possessed collateral for mortgages before advancing funds to the company, such was the nature of a revolving credit line, and its insurance policy did not preclude coverage in such circumstances.
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| United States v. Barnwell, No. 04-2143,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 27, 2007, Decided , February 27, 2007, Filed
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Overview: Where defendant was convicted of embezzlement and theft regarding labor union assets under 29 U.S.C.S. § 501(c), 18 U.S.C.S. § 371, ex parte communications between the prosecution, judge, and government agents to preserve a wiretap violated his Fifth and Sixth Amendment rights as they were not narrowly tailored to meet a compelling state interest.
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| United States v. Jara, No. 05-6503,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 27, 2007, Filed
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Overview: Once the appellate court determined that the district court had considered all the relevant factors set forth in 18 U.S.C.S. § 3553(a) when it resentenced defendant after Booker remand from the United States Supreme Court, the sentence was reasonably calculated to sufficiently comply with the purposes set forth in 18 U.S.C.S. § 3553(a).
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| Zundel v. Gonzales, No. 05-5287,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 27, 2007, Filed
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Overview: Where an alien entered the U.S. under the Visa Waiver Pilot Program, 8 U.S.C.S. § 1187, left, and then returned, although the program had expired, as 8 U.S.C.S. § 1187 and 8 C.F.R. § 217.3(b) remained in effect at his reentry, which was within the 90-day admission period for which he was given a visa waiver, he waived his right to contest removal.
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