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| Batres Portillo v. Gonzales, No. 06-3881,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 5, 2007, Filed
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Overview: The alien's claim that he would be harmed by guerrillas turned gang members was severely undermined by his own testimony that he safely remained in El Salvador for several years after he had fled the guerrilla army into which he was recruited by being kidnapped; the denial of withholding of removal under 8 U.S.C.S. § 1231(b)(3) was affirmed.
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| Dobson Indus. v. Iron Workers Local Union No. 25, No. 06-1023,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 5, 2007, Filed
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Overview: Under 9 U.S.C.S. § 10(a)(4), a joint grievance board authorized to arbitrate disputes by an employer's and a local union's CBA did not exceed its powers by enforcing a CBA provision that prevented double-breasting because a nonunion shop that the employer maintained for purposes of erecting structural steel was not an independent third party.
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| Garza-Moreno v. Gonzales, Nos. 06-3562/4024,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 5, 2007, Decided , June 5, 2007, Filed
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Overview: Aliens were not denied U.S. Const. amend. V due process because indiscernible notations on transcript did not preclude advancement before BIA or court. 8 U.S.C.S. § 1252(a)(2)(B) deprived court of jurisdiction to review denial of 8 U.S.C.S. § 1229b cancellation of removal, and BIA did not abuse discretion in refusing to administratively close case.
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| Kane v. Gonzales, No. 05-3898,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 5, 2007, Filed
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Overview: A petition for review of a denial of asylum was denied because the reasonableness of the alien's fears of retaliation upon his return was undermined by the fact that he lived in Mauritania for over 10 years after his family's acts of political opposition, during which time he obtained significant education, employment, and the freedom to depart.
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| TransAmerica Assur. Corp. v. Settlement Capital Corp., No. 06-5601,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 5, 2007, Decided , June 5, 2007, Filed
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Overview: Summary judgment was affirmed because while a state court could find that proposed structured-settlement factoring transaction between company and individual entitled to receive annuity payments was in the best interests of the individual, it could not compel or require non-ministerial action by the U.S., absent a waiver of sovereign immunity.
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| United States v. Jones, No. 06-5551,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 5, 2007, Decided , June 5, 2007, Filed
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Overview: Defendant's right to self-representation was not denied, but because the length of his two terms of supervised release for his two firearms convictions exceeded the statutory maximum, and because eight of his convictions subjected him to multiple punishments in violation of Double Jeopardy Clause, the judgment was vacated and the matter remanded.
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| Gionis v. Javitch, Block & Rathbone, LLP, Nos. 06-3048 & 06-3171,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 6, 2007, Filed
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Overview: Law firm that sued consumer in Ohio court, seeking amounts she allegedly owed to a bank for credit card purchases, violated 15 U.S.C.S. § 1692e(5) and (10) when it attached an affidavit to its complaint which stated that an agreement consumer signed allowed the bank to recover reasonable attorney's fees and costs it incurred to enforce its rights.
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| Lane v. City of Lafollette, No. 06-5803,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 6, 2007, Decided , June 6, 2007, Filed
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Overview: City's recreational director raised a genuine issue of fact as to whether his termination was politically motivated in violation of the First Amendment where he was threatened for supporting a mayor's election opponent, the mayor stated his termination was political, and he was fired 35 days after the mayor assumed office.
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| Lynn v. Sure-Fire Music Co., No. 06-5358,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 6, 2007, Filed
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Overview: A district court correctly determined that country music artist's state law claims, arising from music company's alleged breach of royalty contract, were not preempted under 17 U.S.C.S. § 301(a) of Copyright Act. None of her claims, including claim to determine ownership of music copyrights, involved exclusive rights conferred by 17 U.S.C.S. § 106.
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| River City Capital, L.P. v. Bd. of County Comm'rs, No. 05-4331,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 6, 2007, Decided , June 6, 2007, Filed
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Overview: State exhaustion was required, regardless of the nature of the taking. Because the owner had failed to exhaust its state avenues for relief, the case was not ripe for review, and thus the court vacated the order of the district court in all respects, save one minor issue that was collateral to the merits.
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