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| Bailey v. Papa John's USA, Inc., Nos. 05-6068/05-6108,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 11, 2007, Filed
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Overview: Determination by trial court that the employer was entitled to a portion of attorney's fees, pursuant to Fed. R. Civ. P. 11 and 28 U.S.C.S. § 1927, after it became evident that the employee did not have an actionable claim under the FLSA was affirmed. Trial court did not abuse discretion when it determined that $5,000 was an appropriate award.
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| Cent. W. Va. Energy Co. v. Wheeling-Pittsburgh Steel Corp., No. 06-3906,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 11, 2007, Filed
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Overview: Orders that allowed the assignment of a requirements supply contract to a new joint venture were affirmed because the assignment was not precluded by the agreement between the supplier and the original purchaser. Injunction against the supplier that precluded a reduction in the amount of coal supplied was properly issued by the bankruptcy court.
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| Geboy v. Brigano, Nos. 05-3200/3201,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 11, 2007, Decided , June 11, 2007, Filed
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Overview: District court erred in granting § 2254 habeas relief to Ohio prisoner; specific location referenced in bill of particulars did not operate to elevate location to element of felonious sexual penetration, Ohio Rev. Code Ann. § 2907.12(A)(1)(b), and sufficient evidence supported conviction. No prejudice resulted for purposes of U.S. Const. amend. V.
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| United States v. White, Nos. 05-3403 / 05-3442; 06-3239 / 06-3240,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 11, 2007, Decided , June 11, 2007, Filed
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Overview: Reasonable jury could have concluded that healthcare manager knowingly and willfully devised scheme to defraud Medicare under 18 U.S.C.S. § 1347. Evidence showed that he concealed "related party" status and that he recruited sham owners for certified Medicare facilities, which contracted with third-party providers under his control.
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