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| Al-Ujaimy v. Gonzales, No. 06-3109,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 7, 2007, Filed
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Overview: BIA properly denied alien's motion to reopen his removal in absentia because notice of removal hearing was sent to alien's attorney, which was sufficient under 8 U.S.C.S. § 1229(a), and there was no evidence that alien's bar complaint was ever filed or sent to his attorney in order to establish factual predicate for an ineffective assistance claim.
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| Burneson v. Thistledown, Inc., No. 06-3948,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 7, 2007, Filed
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Overview: An employer and union were properly granted summary judgment under Fed. R. Civ. P. 56 because an employee's failure to file a grievance after his termination and exhaust the contractual remedies provided for in the CBA that governed his employment relationship precluded the employee's pursuit of a hybrid LMRA § 301 action in federal court.
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| Fouse v. Potter, 06-4174,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 7, 2007, Filed
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Overview: Employer was properly granted summary judgment on Title VII race discrimination claim because white, flexible employee who was not terminated for failing to report accident was subject to progressive disciplinary standards and not similarly situated to African-American transitional employee who could be fired for first offense of failing to report.
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| Gorski v. Eisen (In re Henricks Commerce Park, LLC), No. 06-4030,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 7, 2007, Filed
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Overview: Bankruptcy court properly disallowed as an administrative expense under 11 U.S.C.S. § 503(b)(3)(D) legal fees claimed by debtor's sole shareholder where firm had also performed work for the debtor, and the work was so intertwined that the court could not accurately assess which portion might have qualified as an administrative expense.
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| Kmatz v. Metro. Life Ins. Co., No. 06-3826,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 7, 2007, Filed
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Overview: While there was room to speculate about what decedent might have wished to do with his beneficiary designation had he expressly reconsidered it after his marriage dissolved, under straight reading of contract, it was hardly case that plan administrator acted arbitrarily and capriciously when it respected still-extant terms of life-insurance policy.
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| Mahaday v. Cason, No. 05-1785,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 7, 2007, Filed
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Overview: District court properly denied habeas petition based on a Michigan prisoner's claim that counsel was ineffective in failing to argue that prosecutors granted him immunity; the record revealed no evidence of a written agreement for purposes of Mich. Comp. Laws §§ 780.701, 780.702, and any oral agreement was breached by prisoner's false testimony.
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| Nathan v. Am. Med. Sec., Inc. (In re Advanced Sys. Int'l), No. 06-1428,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 7, 2007, Filed
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Overview: 11 U.S.C.S. § 547 required that creditor seeking to retain preferential payment subject to avoidance establish its entitlement to that treatment. Because creditor failed to make that showing, bankruptcy court did not clearly erred in finding that creditor's receipt of premium payments was not in ordinary course of business.
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| United States v. Buckmaster, No. 06-3954,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 7, 2007, Decided , May 7, 2007, Filed
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Overview: There was no Fourth Amendment violation where the exigency of water seeping throughout a house following a fire justified local fire officials' warrantless search of many of the rooms of the house--including a furnace room where explosives were discovered in plain view--to ensure that the water was cleaned up and no damage had occurred.
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| United States v. Harvey, No. 05-6163,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 7, 2007, Filed
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Overview: Motion to suppress evidence obtained during a search of a defendant's residence was properly denied because the confidential source on which law enforcement relied had been known to a detective for five years and had provided reliable information that led to the arrest and conviction of suspects charged with criminal offenses.
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