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| Freibert v. Merrill Lynch Bus. Fin. Servs., No. 06-5805,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 1, 2007, Filed
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Overview: In action which arose after financial services company applied brokerage account assets to satisfy debt, breach of fiduciary duty claim against company was properly dismissed; although allocation of collateral as between two pledged accounts disfavored plaintiff, company had no obligation to prefer one pledgor's assets when seeking to satisfy debt.
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| Klimas v. Comcast Cable Communs., Inc., No. 03-2012,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 1, 2007, Filed
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| Lindsey v. Detroit Entm't, LLC, No. 04-2424,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 1, 2007, Decided , May 1, 2007, Filed
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Overview: Summary judgment for casino owner was proper in patrons' § 1983 action alleging violations of U.S. Const. amends. IV, XIV; patrons failed to show that casino engaged in action attributable to state under public function test. Patrons could not show that casino's security guards were licensed under Mich. Comp. Laws. § 338.1079 and thus state actors.
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| Toledo v. Jackson, No. 06-5887,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 1, 2007, Decided , May 1, 2007, Filed
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Overview: Where plaintiffs had named the secretary of the Housing and Urban Development in his official capacity, they had to do more than invoke the general statute, 28 U.S.C.S. § 1331. They also had to identify a waiver of sovereign immunity in order to proceed, which plaintiffs did not do.
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| United States v. McIntosh, No. 05-2525,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 1, 2007, Decided , May 1, 2007, Filed
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Overview: Where a plea agreement contained language that the district court judge had "complete discretion" to determine the extent of a downward departure, the court found that the contents of the plea agreement and hearing compelled the finding that the government indicated its consent that the district court depart below the statutory minimum.
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