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| Momah v. Dominguez, No. 03-2561,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 15, 2006, Filed
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Overview: Where an employee had failed to produce evidence from which a jury could have concluded that the denial of his request to be transferred to either an investigator or Administrative Judge position in another office would have been adverse to a reasonable person, the court affirmed the grant of summary judgment to the employer on Title VII claims.
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| Pflaum v. Unum Provident Corp., No. 04-2411,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 15, 2006, Filed
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Overview: Insured, who had been receiving disability benefits from the insurer due to a heart attack he had suffered, but was no longer receiving those benefits based on the insurer's determination, pointed to nothing beyond the mere existence of a conflict of interest to show that the insurer's decision was motivated by self-interest.
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| Smith v. Lafler, No. 04-1353,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 15, 2006, Filed
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Overview: An inmate, who was convicted of criminal sexual conduct involving his daughter, was properly granted 28 U.S.C.S. § 2254 relief. The inmate received ineffective assistance by counsel's failure to investigate a report that the daughter was sexually active with a boyfriend, and the inmate was prejudiced as this evidence could have altered the outcome.
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| Turner v. Unum Provident Corp., No. 04-2168,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 15, 2006, Filed
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Overview: Insurer did not breach the policy by failing to compound the Cost of Living Allowance. Since the insured did not move for judgment as a matter of law, the court determined that the only logical conclusion to be drawn from the wording of the court's decision was that it sustained the insurer's Fed. R. Civ. P. 12(b)(6) motion.
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| United States v. Johnson, Nos. 04-5110/04-5146/04-6161,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 15, 2006, Decided , March 15, 2006, Filed
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Overview: Sufficient evidence supported finding of "enterprise" and interstate commerce for 18 U.S.C.S. § 1962(c), (d) RICO convictions; evidence showed hierarchical decision-making structure for crimes, common purpose to make money, and out-of-state companies that insured houses subject to arson. Evidence was properly admitted under Fed. R. Evid. 804(b)(3).
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| Americredit Fin. Servs. v. Nichols (In re Nichols), No. 04-2107,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 16, 2006, Decided , March 16, 2006, Filed
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Overview: Given that the sum now owed on the truck basically consisted of interest payments on the original loan amount, the fact that the modified plan delayed payments for a year did not impair the creditor's lien rights. It was not an abuse of discretion for the bankruptcy court to approve debtors' modified Chapter 13 plan under 11 U.S.C.S. § 1329.
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| Brokate v. Express Jet Airlines, Inc., No. 05-3770,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 16, 2006, Filed
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Overview: Where it was determined that flight attendants dispute was a minor dispute covered by the Railway Labor Act, 45 U.S.C.S. § 151 et seq., and courts were without subject matter jurisdiction to resolve the substance of minor disputes and state law claims that arose from such disputes were preempted by the Act, district court's dismissal was affirmed.
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