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| Berishaj v. Gonzales, No. 05-3747,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 20, 2007, Filed
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Overview: An alien's petition for review from denial of her application for asylum and withholding of removal per 8 U.S.C.S. §§ 1158(b)91), 1231(b)(3) was denied as, though her case was sympathetic given the abuse she suffered at the hands of her fiance in Kosovo, she did not show persecution by the government or someone that it was unwilling to control.
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| Blessing v. USW, No. 06-4439,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 20, 2007, Filed
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Overview: District court properly ruled that the employees' claim under the LMRA for breach of the CBA failed to state a valid claim because the CBA conferred upon the company the right to unilaterally close the plant, and thus, the union's decision not to challenge the closing was not irrational and was not in breach of its duty of fair representation.
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| Cate v. City of Rockwood, NO. 06-5711,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 20, 2007, Filed
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Overview: Denial of summary judgment was affirmed because factual disputes existed as to mayor's involvement in the termination of the employee, there was sufficient facts to show that the water board retaliated against him in reassigning and ultimately firing him from his job, and defendants failed to failure to raise the municipal liability defenses.
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| Dykstra v. Wayland Ford, Inc., No. 06-1402,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 20, 2007, Filed
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Overview: Where plaintiffs were merely trying to request an alternative form of damages, and were not seeking to add a new cause of action or a new factual basis for defendant's liability, the court affirmed the district court's denial of plaintiffs' motion to amend the complaint pursuant to Fed. R. Civ. P. 15(a).
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| Gentek Bldg. Prods. v. Sherwin-Williams Co., No. 06-3964,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 20, 2007, Decided , June 20, 2007, Filed
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Overview: District court's decision was affirmed because plaintiff waived any challenge to improper removal, and no jurisdictional defect existed at the time of judgment in action that was originally brought in state court but later removed by defendant based on the contention that plaintiff's claims fell within Magnuson-Moss Warranty Act.
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| James v. Metro. Gov't of Nashville, No. 04-5874,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 20, 2007, Filed
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Overview: Former employers were erroneously denied a Fed. R. Civ. P. 50(a) motion to set aside a verdict in a former employee's favor in a Title VII retaliation case because changes in the employee's work conditions after she filed EEOC charges did not impact her professional advancement and would not have dissuaded a reasonable person from filing a claim.
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| Jones v. Potter, No. 06-3845,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 20, 2007, Decided , June 20, 2007, Filed
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Overview: Where an employee was unable to meet his burden under the Rehabilitation Act of demonstrating that the employer's articulated reason for his termination--namely, its zero-tolerance policy regarding violence in workplace--was pretext designed to mask discrimination, appellate court affirmed the grant of summary judgment in favor of the employer.
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| Northern Mich. Bldg. & Constr. Trades Council v. NLRB, No. 05-2590,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 20, 2007, Filed
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Overview: Union's evidence was not sufficient to eliminate the need to establish an improper motive and permit the court to overturn the NLRB's conclusion that policy 303 was lawful, the policy was rationally related to the goal of hiring a competent, reliable work force, and the hiring process was not motivated by anti-union animus in violation of the NLRA.
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| Parkway Assocs., LLC v. Harleysville Mut. Ins. Co., No. 06-5917,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 20, 2007, Filed
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Overview: Equitable estoppel claim failed because insurance company never denied liability and advanced considerable sums to the insured early in the proceedings. Because the insurance company had tendered everything due under the insurance policy, there was no breach. However, insured was entitled to prejudgment interest on undisputed amounts awarded.
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| Plunkett v. Smurfit-Stone Container Corp., No. 06-3538,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 20, 2007, Filed
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Overview: An employer and a union were properly granted summary judgment in an employee's claim under § 301 of the Labor Management Relations Act, 29 U.S.C.S. § 185, because the suit was not filed within six months of the denial of a grievance challenging a change in a CBA, which provided that an employee had 45 days to qualify when he bumped into a new job.
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