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| Bowling v. Wal-Mart Stores, Inc., No. 06-5589,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 11, 2007, Filed
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Overview: District court properly granted summary judgment in favor of a corporation in plaintiffs' slip and fall premises liability case because plaintiffs failed to show that defendants caused the dangerous condition or had notice, either actual or constructive, or the condition prior to plaintiff wife's fall.
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| Loriz v. Connaughton, No. 06-3427,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 11, 2007, Filed
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Overview: Property owners suit against various state defendants, including state court judges and board of zoning appeals, required dismissal under the Rooker-Feldman doctrine because all of the claims against all defendants were inextricably intertwined with state court decisions and the complaint did not contain challenge to constitutionality of state law.
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| McCray v. Metrish, No. 05-1902,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 11, 2007, Filed
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Overview: Habeas petition was denied because although admission of co-defendant's statement violated the inmate's Sixth Amendment right to confront witnesses, the error was harmless because the jury was instructed to consider the statement as evidence against the co-defendant and a self-serving statement lacked persuasive force.
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| Powell-Lee v. HCR Manor Care, Nos. 06-1252, 06-1253,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 11, 2007, Filed
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Overview: Summary judgment for employer was proper on former employee's claims of sexual harassment and retaliation in violation of Mich. Comp. Laws §§ 37.2701, 15.361 arising from co-worker's misconduct; employer took prompt and appropriate remedial action, and there was no causal connection between protected activity and any adverse employment action.
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| Stewart v. Morgan, No. 05-5177,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 11, 2007, Filed
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Overview: Denial of habeas petition was affirmed because inmate had not shown that state courts erred by concluding that his guilty plea was entered voluntarily, intelligently, and knowingly; that the failure to hold a retrospective competency hearing was an unreasonable application of clearly established federal law, or ineffective-assistance-of-counsel.
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| Talmon v. Cent. States, Southeast & Southwest Areas Pension Fund, No. 06-3253,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 11, 2007, Filed
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Overview: District court properly reviewed denial of benefits under ERISA, 29 U.S.C.S. § 1132, under "arbitrary and capricious" standard as plan trustees were vested with discretion; district court properly upheld denial because, even if claimant were awarded credit for years in dispute, he would still fall short of required service for partial pension.
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| United States v. Cherry, No. 06-5579,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 11, 2007, Decided , May 11, 2007, Filed
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Overview: Defendant's sentence for his child pornography conviction was affirmed because the court stressed repeatedly the seriousness of defendant's offense, took into account the kinds of sentences available, considered defendant's willingness to get help and his progress in counseling, and considered the factors listed in 18 U.S.C.S. § 3553(a).
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| United States v. Zuniga, Nos. 06-5008, 06-5010, 06-5011,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 11, 2007, Filed
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Overview: Following Booker remand, district court did not err in reimposing original sentences as to three defendants convicted of crimes related to organization's distribution of drugs; judicial fact-finding using preponderance of evidence standard post-Booker did not violate Sixth Amendment right to trial by jury. Sentences were procedurally reasonable.
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