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Federal Courts -
6th Circuit Court of Appeals - March 14, 2006
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Brown v. Palmer, No. 05-1320,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 14, 2006, Decided , March 14, 2006, Filed
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Overview: There was no error in grant of habeas corpus under 28 U.S.C.S. § 2254 based on insufficient evidence where, although facts may have created "reasonable speculation" that inmate aided and abetted carjacking and armed robbery, district court highlighted absence of facts demonstrating that inmate in fact provided assistance or encouragement to gunman.
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Cleveland Elec. Illuminating Co. v. Util. Workers Union, Local 270, No. 04-3566/04-3567,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 14, 2006, Decided , March 14, 2006, Filed
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Overview: Employer waived issue of who had power to decide arbitrability; employer submitted question of arbitrability to arbitrator, and nothing in record indicated employer wanted to reserve question for court. Decision drew essence from CBA; absent forceful evidence of purpose to exclude claim from arbitration, arbitrator's determination stood.
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Genord v. Blue Cross & Blue Shield, No. 04-2486,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 14, 2006, Decided , March 14, 2006, Filed
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Overview: Parts of the Michigan Health Care Act, Mich. Comp. Laws § 500.2006, were not an integral part of the policy relationship because the policyholders were largely unconcerned with how the gynecologists were paid, so long as the holders were provided with gynecological services. Reverse preemption claim under McCarran-Ferguson Act failed.
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United States v. Perez, Nos. 04-5440; 05-5373,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 14, 2006, Decided , March 14, 2006, Filed
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Overview: Motion to suppress evidence of cocaine was properly denied; reasonable suspicion of drug activity justified vehicle stop, continued detention of defendants for hour between stop and drug detection dog's alert to vehicle parked at motel did not impermissibly extend scope of stop, and positive alert provided probable cause to search parked vehicle.
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