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| Abney v. Amgen, Inc., No. 05-6132,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 29, 2006, Decided , March 29, 2006, Filed
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Overview: Denial of a preliminary injunction in favor of clinical drug trial participants and against sponsoring company was affirmed. Participant's claim that company was legally required to continue providing participants with drug, based on breach of contract, promissory estoppel, and breach of fiduciary duty, were not likely to succeed on merits.
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| Aw v. Gonzales, No. 04-3517,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 29, 2006, Filed
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Overview: Substantial evidence supported IJ's adverse credibility determination because in alien's 1991 application for asylum he claimed that he had never been detained, interrogated, convicted, sentenced or imprisoned and in his 1997 application and testimony before the IJ he stated that he had been imprisoned for a week.
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| Causey v. City of Bay City, No. 05-1142,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 29, 2006, Decided , March 29, 2006, Filed
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Overview: Because police officers reasonably suspected, given a report of gunshots at the residence, that immediate action was necessary to ascertain whether someone inside plaintiffs' house was in peril and needed aid, there were no Fourth Amendment violations and no necessity for further inquiries concerning the officers' qualified immunity.
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| Mufti v. Gonzales, No. 05-3394,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 29, 2006, Filed
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Overview: A lawful permanent resident's petition for review was granted, and the decision of the BIA was vacated, and the case was remanded because the resident's offense of illegal entry into the United States should have merged into the greater offense of smuggling his wife into the country.
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| Pike v. Gov't Emples. Ins. Co., No. 05-5481,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 29, 2006, Filed
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Overview: Where appellate court found that because the underinsured policy limitation did not conflict with the period of time prescribed by Kentucky law, Ky. Rev. Stat. § 413.090, for filing a personal injury claim that arose from a vehicle accident, the court concluded that the policy was reasonable and enforceable.
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| United States v. Cowan, No. 04-5622,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 29, 2006, Filed
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Overview: Because defendant admitted the fact that was used to enhance his sentence, there was no violation of his Sixth Amendment right to a jury trial; because defendant did not unequivocally seek a remand on the ground that the district court mistakenly regarded the U.S. Sentencing Guidelines as mandatory, the appellate court affirmed.
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| United States v. May, No. 04-3073,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 29, 2006, Filed
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Overview: Where evidence at trial established that, contrary to information stated on defendant's pay stubs, neither defendant nor a payroll processing company withheld taxes from defendant's wages, sufficient evidence supported defendant's conviction for tax evasion in violation of 26 U.S.C.S. § 7201.
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| United States v. Pryor, No. 04-6388,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 29, 2006, Filed
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Overview: Where a police officer personally observed defendant's speech and noted that defendant, who was standing next to a car in the parking lot of an apartment complex, smelled of alcohol and was stumbling, the officer had probable cause to arrest defendant for public drunkenness. Inventory search of defendant's car did not violate Fourth Amendment.
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