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| Aron Alan, LLC v. Tanfran, Inc., No. 06-2087,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 25, 2007, Filed
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Overview: Summary judgment for a franchisor was proper in a franchisee's action alleging fraud and claims under Michigan Franchise Investment Law, Mich. Comp. Laws § 445.1501 et seq., and RICO, 18 U.S.C.S. § 1961 et seq.; franchisee did not establish reasonable reliance on allegedly false profit and loss statements that were inconsistent and confusing.
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| Clark v. Waller, No. 04-6373,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 25, 2007, Decided, June 25, 2007, Filed
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Overview: A habeas petitioner did not offer any specific dispute with the evidence, as summarized by the state courts, on which the state court's conclusions were based. Accordingly, a district court did not err in failing to review the transcripts of the state proceedings before summarily dismissing his 28 U.S.C.S. § 2254 petition.
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| Harlamert v. World Finer Foods, Inc., No. 06-3584,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 25, 2007, Decided, June 25, 2007, Filed
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Overview: District court did not clearly err in finding that stock transfer restriction did not apply to deceased shareholder's stock under Del. Code Ann. tit. 8, § 202 because shareholder did not enter into shareholder agreement and was not aware of existence of agreement when he purchased stock. An exhibit was properly excluded under Fed. R. Evid. 901.
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| Phillips v. United States, No. 04-1324,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 25, 2007, Filed
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Overview: Even though three prior juvenile sentences encompassed probation and enrollment in training schools, in the absence of deferred prosecution, the court found that the sentences were not diversionary dispositions within the meaning of U.S. Sentencing Guidelines Manual § 4A1.2(f). Therefore, they had properly been used in calculating criminal history.
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| Redmon v. Mineta, No. 06-5272,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 25, 2007, Filed
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Overview: Summary judgment for DOT was proper in air traffic controller's action under Title VII, 42 U.S.C.S. § 2000e et seq.; 5 U.S.C.S. § 7121(d) foreclosed EEOC administrative procedure because employee pursued union's grievance procedure. Administrative remedies were not exhausted because employee did not raise sex discrimination claim in her grievance.
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| United States v. Lester, NO. 06-5043,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 25, 2007, Filed
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Overview: U.S. Sentencing Guidelines Manual § 2K2.1(b)(5) enhancement was proper because the district court did not commit clear error in its determination that people were present in the zone of danger, and the government had proven the elements of felonious reckless endangerment under Tennessee law by a preponderance of the evidence.
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| United States v. Rodriquez-Gomez, No. 06-3540,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 25, 2007, Filed
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Overview: Defendant's sentence was affirmed. Defendant's criminal history category did not substantially over-represent the seriousness of his past criminal conduct or likelihood he would commit other crimes--he was arrested for drug-related offense and was convicted of illegal reentry, and district judge chose a sentence within USSG range, 63 months.
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| Zbuka v. Marathon Ashland Petroleum, LLC, No. 06-4314,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 25, 2007, Filed
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Overview: Claim that employee could have kept working and accruing benefits under pension plan if he had successfully grieved termination instead of being lured into retirement was attenuated version of claim that termination violated § 510 of ERISA on ground it interfered with right to continue accruing benefits. Both claims failed to state § 510 claim.
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