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   Federal Courts - 6th Circuit Court of Appeals - June 8 - June 9, 2006

  
Darby v. United States DOE, No. 05-4325, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 8, 2006, Filed
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Overview: Summary judgment in favor of employer with regard to employee's Title VII action was affirmed because there were no adverse changes in the terms of her employment, there was evidence that the employee was not an effective team leader, and the position for which the employee applied for was given to another individual of her same race.

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Fortis Corporate Ins. v. Viken Ship Management, No. 05-3792, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 8, 2006, Decided , June 8, 2006, Filed
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Overview: District court erred as a matter of law when it ruled that it lacked personal jurisdiction over the owners because the third party charterer was Canadian since the owners derived the same benefit, and hence their contacts with the forum state are the same, regardless of whether they were working with an American or a Canadian company.

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McCalvin v. Yukins, No. 05-1111, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 8, 2006, Filed
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United States v. Certain Land Situated in the City of Detroit, No. 04-1052, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 8, 2006, Decided , June 8, 2006, Filed
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Overview: District court properly looked to the Declaration of Taking Act, 40 U.S.C.S. § 258a (re-codified as 40 U.S.C.S. § 3114) in fixing the appropriate interest rate on the deficiency where while the company could have been better off had the money been tied to different indices, the adoption of the statutorily required rate was not clear error.

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Chao v. Akron Insulation & Supply, Inc., No. 05-3647, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 9, 2006, Filed
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Overview: Time spent clocking in, receiving assignments, assembling work crews, and loading trucks at the shop before going to the work site, as well as time spent waiting, was compensable under the FLSA because it was for the employer's benefit. Travel time between the shop and the work site was also compensable and could not be contracted away.

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Genord v. Blue Cross & Blue Shield, No. 04-2486, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 9, 2006, Filed
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Henderson v. Collins, No. 03-3988/03-4054/03-4080, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 9, 2006, Filed
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Overview: While a prisoner's Fed. R. Civ. P. 60(b) motions were construed as requests for permission to file a second or successive 28 U.S.C.S. § 2254 petition, permission was denied because the prisoner's claims did not satisfy 28 U.S.C.S. § 2244(b)(1)'s gatekeeping requirements since his claims had been advanced already and could not be presented again.

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Staley v. United States, No. 04-6259, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 9, 2006, Filed
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Overview: Defendant's sentence was vacated and the case was remanded for resentencing because the district court applied the sentencing guidelines as if they were mandatory and allowed enhancements under U.S. Sentencing Guidelines Manual § 3B1.1(b) based on factual findings that were not presented to a jury.

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United States v. Abboud, No. 04-3942, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 9, 2006, Filed
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United States v. Abboud, No. 04-3943, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 9, 2006, Filed
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