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| Angel v. United Paperworkers Int'l Union Local 1967, No. 05-4114,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 28, 2007, Filed
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Overview: Summary judgment for an employer under § 301 of the Labor Management Relations Act, 29 U.S.C.S. § 185, was proper as employees not receiving severance pay under a package negotiated when their paper mill was sold did not show that failing to submit it to a vote entitled them to damages for denied severance pay or emotional distress.
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| Denhof v. City of Grand Rapids, Nos. 05-1819, 05-1820, 05-1904,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 28, 2007, Decided, February 28, 2007 *, Filed * This decision was originally issued as an "unpublished decision" filed on February 28, 2007. The court has now designated the opinion as one recommended for full-text publication.
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Overview: Former police officers were entitled to elect which statute they would receive compensatory damages under because the jury's verdict was based on both federal and state law claims. The Michigan statute had no damage caps, and therefore the cap of 42 U.S.C.S. § 1981a(b)(3)(D) did not apply.
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| Denhof v. City of Grand Rapids, Nos. 05-1819, 05-1820, 05-1904,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 28, 2007, Filed
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Overview: District court erred in granting a city's alternative motions for judgment as matter of law and new trial after jury found in favor of female police officers on retaliation claim under Title VII and Michigan Elliott-Larsen Civil Rights Act; reasonable jury could have found that officers demonstrated pretext even in light of "honest belief" rule.
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| Keweenaw Bay Indian Cmty. v. Rising, No. 05-2398,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 28, 2007, Decided , February 28, 2007, Filed
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Overview: Indian tribe's repeated, brazen, and willful attempts to avoid remittance of tax so as to profit from illegal sales of tax-free cigarettes to non-tribal members forced the state to take a more aggressive approach to the collection of tobacco taxes. The state's refund system was reasonably tailored to the collection of valid taxes from non-Indians.
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| United States v. Difilippo, No. 05-6566,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 28, 2007, Filed
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Overview: Defendant's sentence was affirmed because court properly counted defendant's four prior felony drug convictions separately because they occurred on separate occasions, were not part of a "single common scheme or plan", and the state court never consolidated the charges, as such, defendant was a career offender.
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