PUBLISHED OPINIONS
| Opinion | Short Title/District |
|---|---|
| 08a0186p.06 2008/05/19 |
USA v. Heath Eastern District of Michigan at Detroit |
| 08a0187p.06 2008/05/19 |
Giant Eagle, Inc. v. Phar-Mor, Inc. Northern District of Ohio at Youngstown ALICE M. BATCHELDER, Circuit Judge. This is an appeal from the district court’s review of a bankruptcy-court order in a Chapter 11 proceeding. Giant Eagle, as lessor, appeals the decision disallowing its claim for future-rent damages arising from a bankrupt lessee’s rejection of a lease for personal property, which was disallowed on the basis that a substitute lease for that property, if fulfilled, would have mitigated the claimed damages. Phar-Mor, as lessee, appeals the decision granting the lessor administrative expenses in the form of post-petition rent payments, from the petition date until the lease-rejection date. Ultimately, we REVERSE with respect to the disallowance of future rent and REMAND to the district court, for further remand to the bankruptcy court for further proceedings. We AFFIRM the order granting as an administrative expense the post-petition rent due for the period from the petition date until the rejection of the lease. |
| 08a0188p.06 2008/05/20 |
Sensations Inc v. City of Grand Rapids Western District of Michigan at Kalamazoo KAREN NELSON MOORE, Circuit Judge. This case concerns a consolidated appeal by Sensations, Inc. et al. (“Sensations”) and Little Red Barn Adult Theatre & Bookstore, Inc. (“Little Red Barn”) (collectively “Plaintiffs-Appellants”), from the grant of a judgment on the pleadings to the City of Grand Rapids (“Grand Rapids”) and various private citizens and citizens’ groups (collectively “Defendants”). These private citizens and citizens’ groups include Michigan Decency Action Council, Inc., Judy Rose, Dar Vander Ark, and Black Hills Citizens for a Better Community (collectively “Non-City Defendants-Appellees”). Plaintiffs-Appellants filed a complaint in the United States District Court for the Western District of Michigan, seeking a preliminary injunction against an ordinance regulating sexually oriented businesses on the ground that the ordinance violated Plaintiffs-Appellants’ First Amendment and Due Process rights. The district court denied Plaintiffs-Appellants’ motion for a preliminary injunction, granted Defendants’ motion for judgment on the pleadings, and awarded attorney fees to Non-City Defendants-Appellees to be paid by Little Red Barn. |
| 08a0189p.06 2008/05/21 |
Myers v. USA Northern District of Ohio at Toledo |
| 08a0190p.06 2008/05/21 |
Kolpacke v. CSX Pension Plan Eastern District of Michigan at Detroit BOYCE F. MARTIN, JR., Circuit Judge. Plaintiff-Appellant Gerald F. Kolpacke appeals the district court’s grant of summary judgment in favor of defendants on his claim of wrongful denial of benefits in violation of the Employee Retirement Income Security Act, 29 U.S.C. § 1132 et seq. Kolpacke alleges that defendants arbitrarily and capriciously denied his claimed benefits by misapplying the relevant pension plan. The district court granted summary judgment in defendants’ favor because Kolpacke had failed to show that defendants’ had arbitrarily and capriciously applied the terms of the pension plan in calculating Kolpacke’s estimated benefits. |
| 08a0191p.06 2008/05/22 |
Harris v. Haeberlin (Warden) Western District of Kentucky at Louisville |
| 08a0192p.06 2008/05/22 |
USA v. Smith Eastern District of Michigan at Flint |
| 08a0193p.06 2008/05/22 |
USA v. Bullock Eastern District of Kentucky at London |
| 08a0194p.06 2008/05/22 |
Cristini v. McKee Eastern District of Michigan at Detroit |
| 08a0195p.06 2008/05/23 |
Nance v. Goodyear Tire Co Western District of Tennessee at Jackson R. GUY COLE, JR., Circuit Judge. Plaintiff-Appellant Marcia B. Nance appeals the district court’s grant of summary judgment to Defendant-Appellee Goodyear Tire and Rubber Co. (“Goodyear”) on her claims alleging violations of the Americans with Disabilities Act, the Tennessee Handicap Act, and the Family and Medical Leave Act; retaliatory discharge, including violations of the Tennessee “whistleblower” law; wrongful and constructive discharge through alleged retaliatory conduct; outrageous conduct and intentional infliction of emotional distress in violation of Tennessee common law; and breach of a common law duty of good faith and fair dealing. For the following reasons, we AFFIRM the judgment of the district court. |
| 08a0196p.06 2008/05/23 |
Brand v. Motley Eastern District of Kentucky at Ashland |
| 08a0197p.06 | USA v. Martin Eastern District of Kentucky at Covington |
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION OPINIONS
| Opinion | Short Title/District |
|---|---|
| 08a0273n.06 | USA v. Wise Eastern District of Kentucky at Lexington |
| 08a0274n.06 | USA v. Jensen Western District of Kentucky at Paducah |
| 08a0275n.06 | USA v. Murphy Middle District of Tennessee at Columbia |
| 08a0276n.06 | Woods v. Chandler Western District of Kentucky at Louisville |
| 08a0277n.06 | USA v. Hurley Eastern District of Tennessee of Chattanooga |
| 08a0278n.06 | USA v. Odunze Western District of Tennessee at Memphis |
| 08a0279n.06 | Durham v. Johnson Middle District of Tennessee at Nashville |
| 08a0280n.06 | Fritz v. Hausfeld Eastern District of Kentucky at Lexington |
| 08a0281n.06 | USA v. Colon Northern District of Ohio at Cleveland |
| 08a0282n.06 | IN MI Power Co v. US Dept of Labor Department of Labor (except OSHA) |
| 08a0282n.06 | Tipton v. US Dept of Labor Department of Labor (except OSHA) |
| 08a0283n.06 | Gary Tyson v. Dept of VA Eastern District of Michigan at Detroit |
| 08a0284n.06 | Jason Givens v. Homecomings Financial Eastern District of Michigan at Detroit |
| 08a0285n.06 | Insomnia Inc v. City of Memphis TN Western District of Tennessee at Memphis |
| 08a0286n.06 | EBI-Detroit Inc. v. Detroit Cty Eastern District of Michigan at Detroit |
| 08a0287n.06 | Ryan v. Hazel Park Eastern District of Michigan at Detroit |
| 08a0288n.06 | MI Sugar Co v. Baker Confectionary Eastern District of Michigan at Bay City |
| 08a0289n.06 | Lacy v. US Dept of Agri Department of Agriculture |
| 08a0290n.06 | Abel v. Harp Northern District of Ohio at Cleveland |
| 08a0291n.06 | Parma v. Cingular Wireless Northern District of Ohio at Cleveland |
| 08a0292n.06 | USA v. Hawkins Northern District of Ohio at Akron |