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| Corrigan v. United States Steel Corp., No. 05-4625,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 5, 2007, Decided , March 5, 2007, Filed
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Overview: District court properly granted summary judgment for steel companies in retired nonunion employees' action seeking enhanced retirement benefits under theories of fraud, breach of contract, and promissory estoppel; retirees failed to establish that subsidiary's corporate veil should be pierced under Ohio law. Age discrimination claim also failed.
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| Williams v. Detroit Bd. of Educ., No. 05-2365,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 5, 2007, Filed
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Overview: Shared interest privilege only extended to all bona fide communications concerning any subject matter in which a party had an interest or a duty owed to a person sharing a corresponding interest or duty. There was no legal interest that ran between the board of education and the newspaper that would have allowed the board to claim the privilege.
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| Aho v. Cleveland-Cliffs, Inc., No. 06-3553,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 6, 2007, Filed
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Overview: Where an employee sued his old employer, seeking a declaration that it was not intended that he forfeit vested stock options via a separation agreement that included a waiver, judgment on the pleadings was properly entered for the employer as the agreement stated that he gave up all claims for the options, and a covenant not to sue was enforceable.
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| Petty v. County of Franklin, No. 06-3552,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 6, 2007, Decided , March 6, 2007, Filed
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Overview: Dismissal of the 42 U.S.C.S. § 1983 action as against a sheriff was proper where the court found that plaintiff had not put forward any evidence that the sheriff was present during any of the alleged incidents that gave rise to his claims, namely his being placed in a cell with violent inmates, as well as other claims.
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| Turner v. Mills, No. 06-5121,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 6, 2007, Filed
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Overview: After considering habeas petitioner's alleged lack of assistance from prison legal aide, alleged lack of access to his plea transcript and related documents, and his brief periods of blindness from migraine headaches, appellate court found that factors did not excuse petitioner from filing his 28 U.S.C.S. § 2244 petition more than three years late.
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| United States v. Howse, No. 06-5017,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 6, 2007, Decided , March 6, 2007, Filed
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Overview: Where the only evidence linking an offense firearm with an enhancement firearm was the testimony of a victim, but nothing in the record suggested that she ever saw the gun defendant possessed at the time of his arrest, vacating and remanding a sentence with a U.S. Sentencing Guidelines Manual § 2K2.1(b)(5) enhancement was proper.
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| Brooks v. Knapp, No. 06-1352,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 7, 2007, Filed
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Overview: There had been no violation of a decedent's substantive due process rights as the surviving family members had claimed in their 42 U.S.C.S. § 1983 against certain police officers. Assertion of a state-created danger claim failed because affirmative assurance of additional patrols was not sufficient to increase the decedent's vulnerability to harm.
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| Hamida v. Gonzales, No. 06-3134,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 7, 2007, Decided , March 7, 2007, Filed
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Overview: A couple was rightly denied asylum per 8 U.S.C.S. § 1158(b)(1), withholding of removal, and CAT relief as an IJ's adverse credibility finding of the husband was supported by substantial evidence given that no evidence of his alleged arrest for involvement in the Islamic Orientation Movement was found and he obtained a goverment-sponsored education.
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| Peterbilt Motors Co. v. UAW Int'l Union, Case No. 05-6583,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 7, 2007, Filed
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Overview: Where an arbitrator attempted to interpret a CBA to include a provision that the company had some contractual obligation to provide benefits other than those required by an ERISA plan to its employees, the appellate court found that the arbitrator had exceeded his authority because the interpretation was ignorant of the contract's plain language.
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| United States v. Feazell, No. 06-1147,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 7, 2007, Filed
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Overview: Given defendant's extensive and violent criminal history, including multiple assaults and an attempted murder conviction that occurred while he was incarcerated, the district court reasonably concluded that a 125-month sentence was appropriate. Therefore, the appellate court upheld the sentence because it was reasonable.
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