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   Federal Courts - 6th Circuit Court of Appeals - May 18 - May 19, 2006

  
Jones v. Reynolds, No. 04-2320, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 18, 2006, Filed
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Kolkowski v. Goodrich Corp., No. 05-3339, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 18, 2006, Decided , May 18, 2006, Filed
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Overview: Employee protection plan (EPP) was governed by ERISA where administrator's benefits decisions were complex and plan provided ongoing benefits. Employee was entitled to severance benefits where terms of EPP provided for such when he was not offered comparable benefits upon merger, and stock options not offered after merger were considered benefits.

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Ruffin v. Nicely, No. 04-5731, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 18, 2006, Filed
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Overview: Minority business that was an unsuccessful grant and subcontract applicant for a project related to disadvantaged business entities satisfied the Fed. R. Civ. P. 8 requirements in action against state transportation department and state university for alleged First Amendment violation and race discrimination under 42 U.S.C.S. §§ 1981, 1983, 2000d.

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Sullivan v. Coca-Cola Bottling Co., No. 05-3364, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 18, 2006, Filed
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Overview: District court properly granted summary judgment for employer in action for discrimination under 42 U.S.C.S. § 2000e-2 of Title VII and under Ohio Rev. Code Ann. § 4112.02; the employee failed to show that other employees exceeded allotted short-term disability, elected not to apply for long-term disability, and were not subsequently terminated.

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United States v. Clay, No. 05-3556, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 18, 2006, Filed
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Overview: A police officer had reasonable suspicion to detain the occupants of a car under the Fourth Amendment where the car was parked in the driveway of an apparently abandoned house in a high crime area and the occupant stared at a police officer during his first drive by and were making rapid hand movements during a second drive by.

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Pagan v. Fruchey, No. 04-4414, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 19, 2006, Decided , May 19, 2006, Filed
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Overview: The court affirmed the constitutionality of Glendale, Ohio, Traffic Code Ordinance § 76.06, which prohibited the display of a for-sale sign on a vehicle parked on a public street; the ordinance furthered two substantial governmental interests, namely, traffic safety and aesthetics, and it had only an incidental impact on First Amendment speech.

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United States v. Morris, No. 05-1623, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 19, 2006, Decided , May 19, 2006, Filed
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Overview: District court imposed reasonable 57-month sentence upon guilty plea to interstate travel in aid of racketeering, 18 U.S.C.S. § 1952(a)(3)(A), after defendant transported crack cocaine across state lines; district court properly calculated guideline range, considered 18 U.S.C.S. § 3553(a) factors, and articulated reasons for rejecting leniency.

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