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   Federal Courts - 6th Circuit Court of Appeals - June 19 - June 21, 2006

  
Delawder v. Platinum Fin. Servs. Corp., No. 05-3318, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 19, 2006, Filed
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Overview: In a case under the Fair Debt Collection Practices Act, 15 U.S.C.S. §§ 1692-1692o, and Ohio Consumer Sales Practices Act, Ohio Rev. Code Ann. §§ 1345.01-.99, an appellate court lacked jurisdiction to review a district court's partial denial of a dismissal motion as there was no absolute advocacy immunity providing basis for an interlocutory appeal.

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Kalaj v. Gonzales, No. 05-3172, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 19, 2006, Filed
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Overview: IJ's three independent reasons for the denial of asylum supported the conclusions that the IJ did not deny the alien's Fifth Amendment due process rights and that the alien and his family were given a full and fair hearing. Thus, the IJ did not mischaracterize the alien's testimony in a manner that violated his due process rights.

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United States v. Goins, No. 05-5199, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 19, 2006, Filed
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Overview: Defendant's conviction for engaging in sexual acts with federal inmates in violation of 18 U.S.C.S. § 2243(b) was affirmed because allegedly excessive hearsay was not plain error. His case was remanded for resentencing to allow him the right of allocution because the district court did not comply with Fed. R. Crim. P. 32(i)(4)(A)(ii).

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Campbell v. Eckerd Corp., No. 05-5771, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 20, 2006, Filed
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Overview: A former employee's lawsuit against her former employer under the ADA, the Tennessee Handicap Act, and the FMLA was properly summarily dismissed as she did not establish a genuine issue of fact as to whether the employer perceived her as disabled nor sufficiently rebut the employer's legitimate, nondiscriminatory reason for termination.

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Gilmore v. Davis, No. 05-5176, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 20, 2006, Filed
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Overview: An ex-wife's state law tort claims against her ex-husband and a music publisher, alleging entitlement to music royalties from a song that the ex-husband co-wrote, were improperly summarily dismissed as time-barred because the discovery rule applied to the case and she was entitled to have a trier of fact decide when the cause of action accrued.

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McCormick v. Braverman, No. 04-1708, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 20, 2006, Decided , June 20, 2006, Filed
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Overview: In § 1983 action in which purported property owner alleged that numerous defendants illegally interfered with ownership, district court erred in concluding that all claims were barred by Rooker-Feldman because only two claims asserted injuries from state court judgments. Remaining independent claims, however, were barred by collateral estoppel.

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Johnson v. City of Clarksville, No. 05-5924, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 21, 2006, Filed
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Overview: Summary judgment for municipalities was properly granted in action by African Americans and Native American alleging denial of facilities use based on discriminatory animus in violation of Title VI of the Civil Rights Act of 1964 because there was no evidence that similarly-situated members of nonprotected class received more favorable treatment.

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Roll Rite Corp. v. Automated Integrated Sys., No. 05-1366, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 21, 2006, Filed
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Overview: A district court properly granted summary judgment in favor of defendant corporation when plaintiff corporation failed to demonstrate non-functionality, which was an essential element of its trade dress infringement claim under § 43(a) of the Lanham Act, 15 U.S.C.S. § 1125. A magistrate did not clearly err in denying plaintiff's motion to compel.

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Singh v. Gonzales, Nos. 04-4352/4353, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 21, 2006, Decided , June 21, 2006, Filed
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Overview: BIA's history of imputing parents' knowledge of ineligibility for admission or of intent to abandon residency status to their children did not establish reasonable basis for imputing fraudulent conduct to children; thus, BIA erred when it imputed fraud to minor child in finding her removable under 8 U.S.C.S. §§ 1182(a)(6)(C)(i), 1227(a)(1)(A).

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