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   Federal Courts - 6th Circuit Court of Appeals - May 23, 2006

  
Aerel, S.R.L. v. PCC Airfoils, L.L.C., No. 05-3864, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 23, 2006, Decided , May 23, 2006, Filed
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Overview: Summary judgment for a manufacturer was affirmed because the district court properly interpreted a contract to allow no commissions on prior orders to an agent after the contract period had expired and rejected the argument that the contract was ambiguous. An alleged oral modification was not supported by new consideration.

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Bazzetta v. Caruso, No. 04-1823, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 23, 2006, Filed
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Overview: Court decided under Fed. R. App. P. 39(a) not to tax costs against appellee prisoners and their visitors; the litigation was taken in good faith, the issues posed significant public policy concerns, the case was difficult, and there was no necessity on the part of the prevailing party, the Michigan prison system, for a cost award.

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City of Olmsted Falls v. United States EPA, No. 04-3720, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 23, 2006, Filed
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DaimlerChrysler Corp. v. Cox, No. 05-1716, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 23, 2006, Decided , May 23, 2006, Filed
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Overview: State Correctional Facility Reimbursement Act, Mich. Comp. Laws § 800.401 et seq., was preempted by ERISA in cases where prisoners refused to inform pension plans of prison address because wardens' notices to pension plans to redirect benefits to institutional account effectuated assignment or alienation in violation of 29 U.S.C.S. § 1056(d)(1).

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Duha v. Agrium, Inc., Nos. 04-2505/2548, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 23, 2006, Decided , May 23, 2006, Filed
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Overview: Because district court erred in its weighing of the relative ease of access to documents and live testimony and, in balancing convenience of the alternative forums, disregarded a substantial portion of the employee's 45 counts that arose from his employment and termination in Argentina, dismissal on forum non conveniens ground was inappropriate.

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Logan v. United States, No. 04-5325, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 23, 2006, Filed
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McGee v. Marcum, No. 05-5808, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 23, 2006, Filed
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Overview: Although a bankruptcy debtor pleaded guilty to criminal charges for violations of the Federal Mine Safety and Health Act that led to a miner's death, the judgment awarded in a related wrongful death action was dischargeable in bankruptcy under 11 U.S.C.S. § 523(a)(6) because that judgment was not for a "willful and malicious injury."

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Miller v. Admin. Office of the Courts, No. 05-5981, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 23, 2006, Decided , May 23, 2006, Filed
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Overview: District court properly dismissed former public employee's claims against officials in their individual capacities based on qualified immunity; although employee might have been tenured under Ky. Rev. Stat. Ann. § 18A.095(3), reasonable officers in defendants' positions would not have known that her termination without due process was unlawful.

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Patel v. Gonzales, No. 04-3829, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 23, 2006, Filed
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