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   Federal Courts - 6th Circuit Court of Appeals - June 27 - June 28, 2007

  
Bush v. Gambro Healthcare, Inc., No. 06-5315, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 27, 2007, Filed
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Overview: Summary judgment dismissing an African-American employee's racial discrimination claims brought under Title VII and Tenn. Code Ann. § 4-21-401 was proper where the employer stated that a Caucasian candidate was more qualified and the employee had not demonstrated that race played any role in the decision-making process.

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Gold v. Fedex Freight East, Inc. (In re Rodriguez), No. 06-1988, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 27, 2007, Decided, June 27, 2007, Filed
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Overview: Appellate court vacated the grant of summary judgment for the employer on the employee's discrimination claim based upon failure to promote in violation of Michigan's Elliott-Larsen Civil Rights Act, Mich. Comp. Laws § 37.2101 et seq., because manager's comments regarding the employee's accent was direct evidence of national-origin discrimination.

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McNeill v. United States DOL, No. 05-4190, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 27, 2007, Filed
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Overview: A nuclear worker was unable to show that the Administrative Review Board erred in finding that the worker's employer did not take any materially adverse employment action against him despite his claim pursuant to the whistleblower provision of the Energy Reorganization Act (ERA), 42 U.S.C.S. § 5851. His petition for review was denied.

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Nashery v. Carnegie Trading Group, LTD., 06-4240, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 27, 2007, Filed
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Overview: District court properly entered judgment for broker following bench trial in investors' action alleging fraud under 7 U.S.C.S. § 6b of Commodity Exchange Act; the investors' sophistication, the lack of credible evidence of misrepresentation, and existence of signed risk disclosure forms supported finding of no improper misrepresentation of risk.

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Thomas v. Miller, No. 05-2404, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 27, 2007, Decided, June 27, 2007, Filed
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Overview: Doctrine of equitable estoppel could bar employer who employed fewer that the numerical threshold of 20 employees under 29 U.S.C.S. § 1161(b) of COBRA from defending a former employee's action alleging violation of 29 U.S.C.S. § 1162 on the basis of the numerical threshold. However, the employee did not satisfy requirements of equitable estoppel.

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United States v. Merkosky, No. 05-4279, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 27, 2007, Filed
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Overview: Defendant's concurrent sentence under 21 U.S.C.S. § 843(a)(4)(A) had to be reduced to the statutory maximum of 48 months' imprisonment because the district court, on Booker remand, had resentenced defendant to 130 months' imprisonment, which was a violation of the statutory maximum.

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Day v. Ingle's Mkts., Inc., NO. 06-5345, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 28, 2007, Filed
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United States v. Gaines, No. 05-4653, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, June 28, 2007, Filed
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Overview: Nothing in Booker constituted change in controlling law warranting exception to law-of-the-case doctrine upon remand for resentencing. Also, district court did not err in finding career offender status under 18 U.S.C.S. § 924(e) and U.S. Sentencing Guidelines Manual §§ 4B1.1, .2, and 300-month sentence for drug and firearm offenses was reasonable.

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