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| Bridgeport Music, Inc. v. London Music, U.K., Nos. 05-5045, 05-5046, 05-5047, 05-5048, 05-5049, 05-5050, 05-5051, 05-5052, 05-5053, 05-5054, 05-5055, 05-5056, 05-5057, 05-5058,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 28, 2007, Filed
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Overview: Denial of defendants' motion for attorney fees and costs pursuant to 17 U.S.C.S. § 505 was affirmed because district court's finding of refusal-to-respond in only 1 of the 14 defendants was only one basis used to deny prevailing party status and court was not prohibited from consideration of the same fact under multiple categories.
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| Caudell v. City of Loveland, No. 06-3689,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 28, 2007, Filed
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Overview: District court did not abuse discretion in striking under Fed. R. Civ. P. 37(c)(1) affidavit from grandson's friend, which identified officer as having used force on plaintiff during raid, when plaintiff did not show that failure to disclose friend's information in response to interrogatory and failure to identify him on witness list was harmless.
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| Hermez v. Gonzales, No. 05-4555,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 28, 2007, Filed
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Overview: Although a court had jurisdiction to review an alien's colorable constitutional and legal claims under 8 U.S.C.S. § 1252, he had not shown an IJ's denial of a continuance was in error where had he had not shown that his late change of counsel was prompted by anything other than his own wishes.
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| Imsaiah v. Gonzales, No. 05-4247; 06-3385,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 28, 2007, Filed
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Overview: Alien's asylum application failed because the fall of the Hussein government rebutted any well-founded fear based on persecution that occurred under that regime. Therefore, the government had overcome any presumption of persecution because it showed changed conditions.
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| King v. Comm'r of Soc. Sec., No. 06-3365,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 28, 2007, Filed
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Overview: Court reversed district court's denial of a motion for relief from judgment under Fed. R. Civ. P. 60(b) concerning denial of Social Security claimant's request for attorney's fees under EAJA as district court abused its discretion in denying motion based on failure to recognize that authority cited in order of denial did not support denial of fees.
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| Maday v. Pub. Libraries, No. 05-2637,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 28, 2007, Decided , March 28, 2007, Filed
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Overview: Court upheld verdict in favor of employer in former employee's case alleging age discrimination and FMLA violations because, inter alia, records of the employee's meetings with a social worker were properly admitted as the employee waived the psychotherapist-client privilege by putting her own mental state at issue.
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| Shasha v. Gonzales, No. 06-3196,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 28, 2007, Filed
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Overview: Substantial evidence existed for the immigration judge's determination that the asylee's testimony lacked credibility. The asylee had stated in his application that his father had been killed in 1996, but facts showed that the asylee had purchased land with his father in 1999.
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| Thompson v. Henderson, No. 06-5553,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 28, 2007, Filed
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Overview: Postal worker's physical condition rendered her unable to perform her work; she simply could not identify an accommodation that would have enabled her to perform her job with or without accommodation. A district court properly dismissed her Rehabilitation Act of 1973, 29 U.S.C.S. § 791 et seq., failure to accommodate claim.
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| United States v. Miller, Case Nos. 05-5187; 05-5472; 05-5473,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 28, 2007, Filed
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Overview: Defendants' drug conspiracy convictions were affirmed because the evidence showed that defendants, husband and wife, were inside the home and the co-defendant was in the shed behind the home, where methamphetamine was in the process of being made, and there were receipts of the material use to make the drugs located in the home.
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