PUBLISHED OPINIONS
| Opinion | Short Title/District |
|---|---|
| 08a0167p.06 2008/04/29 |
Johnson v. Bell Middle District of Tennessee at Nashville |
| 08a0168p.06 2008/04/29 |
Gibson v. Moskowitz Western District of Michigan at Grand Rapids SUTTON, Circuit Judge. Ozy Vaughn, a mentally disabled inmate, died from severe dehydration after being held for several days in a 90 to 100 degree observation room. A jury determined that Dr. David Moskowitz’s deliberate indifference and medical malpractice caused Vaughn’s death and awarded his estate $2 million in compensatory damages (later reduced to $1.5 million) and $3 million in punitive damages. We affirm in part and reverse in part. |
| 08a0169p.06 2008/05/01 |
MI Div Monument v. MI Cemetery, et al Eastern District of Michigan at Detroit RONALD LEE GILMAN, Circuit Judge. This case involves allegations of anticompetitive behavior in the market for burial monuments in the state of Michigan. Three independent monument builders and a nonprofit trade association of monument builders—the Michigan Division of the Monument Builders of North America—(collectively, the Builders) filed the present lawsuit against 20 cemetery operators and the Michigan Cemetery Association (collectively, the Cemeteries). The lawsuit alleges that the Cemeteries are engaged in (1) an illegal tying arrangement, in violation of § 1 of the Sherman Act, (2) an illegal conspiracy to restrain competition and monopolize trade, also in violation of § 1 of the Sherman Act, (3) an illegal conspiracy to restrain trade, in violation of § 2 of the Sherman Act, and (4) violations of the Michigan Prepaid Funeral and Cemetery Sales Act, M.C.L. § 328.225. The district court dismissed the Builders’ claims after concluding that the proposed geographic market as set forth in the complaint was too narrow as a matter of law. Subsequently, the district court denied motions for sanctions against the Builders that were filed by several of the cemetery operators. For the reasons set forth below, we AFFIRM the judgment of the district court on the merits of the antitrust claims, but VACATE its denial of sanctions and REMAND the case for further proceedings on that issue. |
| 08a0170p.06 2008/05/02 |
Savedoff v. Access Group, Inc. Northern District of Ohio at Cleveland CLAY, Circuit Judge. In this diversity class action, brought pursuant to the Class Action Fairness Act, 28 U.S.C. § 1332(d) (2006), Defendant Access Group, Inc. (“Access Group”) appeals the district court’s denial of Access Group’s motion for summary judgment and its grant of Plaintiff Jill B. Savedoff’s (“Savedoff”) motion for partial summary judgment on the issue of liability for Savedoff’s breach of contract claims. For the reasons that follow, we AFFIRM in part and REVERSE in part the judgment of the district court, and REMAND the case for further proceedings consistent with this opinion. |
| 08a0171p.06 2008/05/02 |
USA v. Blair Eastern District of Tennessee at Knoxville |
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION OPINIONS
| Opinion | Short Title/District |
|---|---|
| 08a0224n.06 | USA v. Beach Western District of Kentucky at Louisville PER CURIAM. Ronald Beach pleaded guilty to one count of knowingly transporting and shipping child pornography in interstate commerce, see 18 U.S.C. § 2252(a)(1), and to one count of knowingly receiving child pornography that has traveled in interstate commerce, see id. § 2252(a)(2). The district court sentenced Beach to 96 months’ imprisonment, varying downward from a guidelines range of 210–240 months. The government appealed. Because the district court did not exceed its discretion in granting this variance, see Gall v. United States, 128 S. Ct. 586, 597 (2007); United States v. Grossman, 513 F.3d 592, 596 (6th Cir. 2008), we affirm. |
| 08a0225n.06 | Shane v. Bunzl Dist USA Inc Western District of Kentucky at Louisville SUTTON, Circuit Judge. When Joe Shane first appealed his contract claim to this court, we affirmed the district court in all respects save one: We remanded Shane’s request to file a third amended complaint because the court gave no explanation for denying the motion. On remand, the district court provided an explanation for denying the motion, one that lies within the range of discretion given to the district courts over matters of this sort. We affirm. |
| 08b0009n.06 | In re: Michael Nowak v. U.S. Bankruptcy Court - Akron |
| 08a0226n.06 | Carpenter v. City of Franklin Southern District of Ohio at Cincinnati |
| 08a0227n.06 | Paul v. Mukasey Board of Immigration Appeals |
| 08a0228n.06 | Borbodoeva v. Mukasey Board of Immigration Appeals |
| 08a0228n.06 | Borbodoeva v. Mukasey Board of Immigration Appeals |
Comments