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| Covenant Care of Ohio, Inc. v. NLRB, Nos. 05-1432, 05-1609,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 10, 2006, Filed
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Overview: NLRB was entitled to order requiring employer to bargain with a union where (1) the union election was properly held; (2) union's failure to provide notice of picketing under § 8(g) of the NLRA to employer, a health care facility, did not prevent a fair election; and (3) employer improperly refused to bargain pursuant to § 8(a)(1).
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| Duan Ying Chen v. Gonzales, Nos. 04-3730/3731,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 10, 2006, Decided , May 10, 2006, Filed
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Overview: Immigration judge improperly denied asylum requests under 11 U.S.C.S. § 1158(b)(1) on ground that petitioners lacked credibility because such finding was not supported by substantial evidence. Absent other indicia of unreliability, similarities to fabricated elements of other asylum claims provided no evidence that petitioners lacked credibility.
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| Jones v. City of Cortland Police Dep't, No. 05-3783,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 10, 2006, Decided , May 10, 2006, Filed
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Overview: A prospective employee failed to establish a prima facie case of age discrimination in employment where he did not demonstrate his objective qualification for employment given that original appointment was not available pursuant to Ohio Rev. Code Ann. § 124.41 to a candidate who was age 35 or older, and he was 54.
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| United States v. Johnson, No. 04-2371,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 10, 2006, Filed
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Overview: Defendant was properly convicted under 18 U.S.C.S. §§ 2113(a), 924 because prosecutor's strike of two potential black jurors was not sufficient to raise inference of discrimination under Batson, evidence of previous bank robbery was background evidence and not "other acts" evidence under Fed. R. Evid. 404(b), and district court did not show bias.
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| United States v. McDermott, No. 05-5509,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 10, 2006, Filed
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Overview: Defendant, who was sentenced to 262 months' imprisonment following guilty plea to violation of 18 U.S.C.S. §§ 1951, 924(c)(1) and admission to prior felonies for purposes of U.S. Sentencing Guidelines Manual § 4B1.1, was entitled to resentencing because district court's statements indicated that it might have misunderstood post-Booker discretion.
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| United States v. Moore, No. 05-1482,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 10, 2006, Filed
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Overview: A district court clearly considered defendant's history and characteristics, including his criminal history, his substance abuse, his mental health issues, his age, and his acceptance of responsibility for sentencing. Its reasoning was clear and thorough, and clearly satisfied the requirement that it consider the 18 U.S.C.S. § 3553(a) factors.
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