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| Barnes v. United States, No. 06-6061,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 4, 2007, Decided , May 4, 2007, Filed
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Overview: District court properly granted summary judgment for TSA in passenger's action under FTCA alleging negligence in failure to place chair near passenger screening area; passenger failed to establish violation of TSA's duty to act with reasonable care because she did not establish that fall was foreseeable and because TSA met burden to act reasonably.
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| Matthews v. Ishee, No. 06-3451,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 4, 2007, Decided , May 4, 2007, Filed
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Overview: District court erred in granting § 2254 habeas relief based on violation of Brady for failure to disclose alleged preexisting deals with two prosecution witnesses; Ohio prisoner failed to show cause for procedural default under Ohio R. Crim. P. 33 as to one witness and failed to rebut factual finding of no preexisting deal as to second witness.
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| Micrel, Inc. v. TRW, Inc., No. 06-3177,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 4, 2007, Decided , May 4, 2007, Filed
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Overview: District court properly allowed purchaser to seek "cover" damages from supplier under Ohio Rev. Code Ann. §§ 1302.85(A), 1302.86(A) in action arising from breach of design and supply agreement; contract was predominantly one for sale of goods. Further, there was no "termination" of contract within meaning of Ohio Rev. Code Ann. § 1302.01(A)(13).
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| Townsend v. SSA, No. 06-5688,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 4, 2007, Decided , May 4, 2007, Filed
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Overview: District court did not abuse discretion in determining that equitable tolling was not warranted after successful social security claimant failed to file attorney fee application within 30-day time limit of EAJA, 28 U.S.C.S. § 2412(d)(1)(B); Commissioner of Social Security's Fed. R. Civ. P. 60(b) motion was untimely and thus did not toll time limit.
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| United States v. Thomas, No. 05-6246,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 4, 2007, Filed
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Overview: Defendant was properly convicted and sentenced for violating 18 U.S.C.S. § 2113(a); there was sufficient evidence of intimidation under § 2113(a), obstruction of justice enhancement under U.S. Sentencing Guidelines Manual § 3C1.1 was properly applied, and there was no violation of Fed. R. Evid. 404(b) and 702 in admission of agent's testimony.
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| Workman v. Bell, Nos. 06-6451; 07-5031,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 4, 2007, Decided , May 4, 2007, Filed
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Overview: Death-sentenced Tennessee prisoner was not entitled to stay of execution in connection with appeal of district court's denial of Fed. R. Civ. P. 60(b) motion; prisoner had little likelihood of showing abuse of discretion because he had received considerable process over 25 years, and claim of fraud on the court was exceedingly attenuated and vague.
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