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| Citizens Coal Council v. United States EPA, No. 02-3628,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 15, 2006, Decided , May 15, 2006, Filed
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Overview: EPA did not act arbitrarily or capriciously in promulgating final rule under Clean Water Act, 33 U.S.C.S. § 1251 et seq., that added two remining subcategories to Coal Mining Point Source Category, 40 C.F.R. pt. 434; action was authorized under 33 U.S.C.S. 1314(b), and nothing in Rahall Amendment, 33 U.S.C.S. § 1311(p), limited that authority.
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| Hite v. Norfolk & Southern Ry., No. 05-1910,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 15, 2006, Filed
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Overview: The court affirmed the grant of summary judgment to an employer on an employee's whistleblower claim as time-barred by Mich. Comp. Laws § 15.363; the employee's appeal of his discharge had no effect on the time when the statute of limitations began to run, and there was no factual support for his continuing violation and estoppel arguments.
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| First Independence Capital Corp. v. Merrill Lynch Bus. Fin. Servs. Inc. (In re First Independence Capital Corp.), No. 05-1618,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 16, 2006, Filed
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Overview: Bankruptcy court's holding that the brokerage firm, a subsequent transferee, took the transfers from the debtor's owners in good faith, for value, and without knowledge of voidability which barred recovery of the transfers avoided under 11 U.S.C.S. § 544 was affirmed.
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| Ky. Nat'l Ins. Co. v. Lawrence, NO. 04-6029,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 16, 2006, Filed
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Overview: District court did not err when it concluded that the arrangement between the insured and his acquaintance was not a "rental" since a "rental" necessarily implied the existence of a contract, and the facts did not establish that the insured entered into a contract with his acquaintance.
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| Lawrence v. Chabot, Nos. 05-1082, 05-1397,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 16, 2006, Filed
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Overview: Because a rule that mandated that a final decision on applicant's request for bar admission be stayed until criminal proceedings had concluded was reasonable and did not, in any way, unreasonably implicate an applicant's right to free speech under U.S. Const. amend. I, attorney-licensure scheme was not unconstitutional as applied to the applicant.
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| Reeves v. Swift Transp. Co., No. 05-5271,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 16, 2006, Decided , May 16, 2006, Filed
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Overview: District court properly granted summary judgment for employer in action under Pregnancy Discrimination Act, 42 U.S.C.S. § 2000e(k), filed by pregnant over-the-road truck driver who was discharged when doctor placed her on light-duty restriction; light-duty policy did not support inference of discrimination, and there was no evidence of pretext.
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| United States v. Ayala-Lopez, No. 05-1693,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 16, 2006, Filed
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Overview: District court improperly increased defendant's sentence for illegally re-entering the United States after having previously been convicted of an aggravated felony in violation of 8 U.S.C.S. § 1326(a) because his prior conviction for simple possession of cocaine under Texas law was not a felony under federal law.
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| United States v. Carrillo-Hernandez, No. 05-1990,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 16, 2006, Filed
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Overview: Court of appeals affirmed district court's judgment sentencing defendant who pled guilty to being alien illegally present in the U.S. after having been deported following an aggravated felony conviction to 27 months' imprisonment because district court properly considered the factors outlined in 18 U.S.C.S. § 3553(a) and sentence was reasonable.
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| United States v. Crenshaw, No. 05-6018,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 16, 2006, Filed
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Overview: Court affirmed defendant's 115-month sentence for being a felon in possession of a firearm in violation of 18 U.S.C.S. § 922(g). Where district court noted defendant's extensive criminal history and propensity for violence and the need to protect the public, a sentence at the high end of the U.S. Sentencing Guidelines Manual range was reasonable.
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