6th. Cir. Decisions for Week of Jul 14-18, 2008 (Ky - 2 Pub, 2 NPO)

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    PUBLISHED OPINIONS

Opinion Date	Short Title/District
08a0253p.06 2008/07/15	Moore v. Haviland, Warden     Northern District of Ohio at Cleveland
08a0254p.06 2008/07/16	USA v. Green     Middle District of Tennessee at Nashville
08a0255p.06 2008/07/17	Burlison v. USA     Western District of Tennessee at Memphis
08a0256p.06 2008/07/17	Phar-Mor Inc v. McKesson Corp     Northern District of Ohio at Youngstown ALICE M. BATCHELDER, Circuit Judge. At issue in this bankruptcy case is whether a vendor’s administrative-expense priority on its reclamation claim is effectively extinguished when the goods subject to reclamation are sold and the proceeds used to satisfy a secured creditor’s superior claim. Because we hold that it is not, we AFFIRM the district court’s decision.
08a0257p.06 2008/07/17	USA v. Duane     Western District of Kentucky at Louisville JULIA SMITH GIBBONS, Circuit Judge. John Joseph Duane appeals his sentence for receiving and possessing child pornography in violation of 18 U.S.C. § 2252(a)(2) and (a)(4). Duane contends that: (1) calculating his sentence using the 2005 Sentencing Guidelines violated the Ex Post Facto Clause; (2) the district court erred in enhancing Duane’s sentence pursuant to U.S.S.G. § 2G2.2(b)(4) for receiving and possessing sadistic images; and (3) his sentence is unreasonable. For the following reasons, we affirm.
08a0258p.06 2008/07/18	Fidel v. Farley     Western District of Kentucky at Bowling Green JULIA SMITH GIBBONS, Circuit Judge. Plaintiff-appellant James J. Hayes, appearing pro se, seeks review of the district court’s approval of a settlement in this securities class action brought against Fruit of the Loom. Hayes, a nonnamed member of a class of Fruit of the Loom shareholders, contends that the district court erred in approving the settlement because certain class members, including Hayes, received notice of the settlement after the deadline for objecting to the settlement. Hayes maintains that the settlement should be set aside and the class renotified. Additionally, Hayes requests that the attorney’s fees granted by the district court to class counsel be reduced due to the alleged deficiencies in providing notice to the class. In turn, the lead plaintiffs—the appellees in the instant case—argue that this court should decline to hear Hayes’s appeal because Hayes, as a nonintervening, nonnamed class member, is not a “party” for purposes of appealing the settlement. We conclude that Hayes has the power to bring this appeal, notwithstanding his status as a nonintervening, nonnamed class member. Nonetheless, we affirm the district court’s order approving the settlement, as well as the court’s award of attorney’s fees to class counsel.
08a0259p.06 2008/07/18	USA v. Young     Middle District of Tennessee at Nashville
08a0260p.06 2008/07/18	Donald Evanoff v. The Standard Fire Insurance Co     Northern District of Ohio at Cleveland GRIFFIN, Circuit Judge. Plaintiff Donald Evanoff appeals an order of the district court granting summary judgment in favor of defendants The Standard Fire Insurance Company and Readyclean, Inc. (collectively “Standard Fire”). Evanoff argues that the district court erred in holding that no genuine issue of material fact exists regarding Evanoff’s compliance with the requirements of the Standard Flood Insurance Policy issued to him by Standard Fire. He contends further that the court abused its discretion in failing to allow him to conduct additional discovery before the court granted Standard Fire’s motion for summary judgment. Finding Evanoff’s arguments to lack merit, we affirm.
08a0261p.06 2008/07/18	Totes Isotoner Corp v. Intl Chemical Wrks     Southern District of Ohio at Cincinnati CLAY, Circuit Judge. Defendant, International Chemical Workers Union Council/UFCW Local 664C (“Union”), appeals the district court’s order granting the motion of Plaintiff, totes»Isotoner Corporation, to vacate a supplemental labor arbitration award. For the reasons that follow, we AFFIRM the judgment of the district court.

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Opinion	Short Title/District
08a0417n.06	Reed v. City of Cleveland     Northern District of Ohio at Cleveland
08a0418n.06	Paul House v. Ricky Bell     Eastern District of Tennessee at Knoxville
08a0419n.06	McSwain v. Davis     Eastern District of Michigan at Detroit
08a0420n.06	Magnum Towing & Recovery v. City of Toledo     Northern District of Ohio at Toledo PER CURIAM. In 2003, the City of Toledo, Ohio, suspended Magnum Towing and Recovery from the list of towers eligible to perform police-ordered tows of inoperable and abandoned cars within the City, and, in 2004, the City revoked Magnum Towing’s towing permit. Shortly thereafter, Magnum Towing and its owner, Anna Petrey, filed this § 1983 action against the City and two of its police officers, alleging violations of federal due process and Ohio law. We affirm the district court’s decision granting summary judgment to the City and its officers.
08a0421n.06	USA v. Lanier     Northern District of Ohio at Cleveland
08a0422n.06	Giles v. University of Toledo     Northern District of Ohio at Toledo KAREN NELSON MOORE, Circuit Judge. Dr. Sammie Giles, Jr., Ph.D. (“Giles”) appeals the grant of summary judgment, on all of his claims, to the University of Toledo and four individuals in its administration whom Giles sued in both their official and individual capacities: Alan G. Goodridge, James M. Sciarini, Ganapathy Naganathan, and Daniel M. Johnson. Giles alleged that “one or more” of the Appellees had subjected him to disparate treatment based on race, retaliated against him for engaging in protected activities, wrongfully discharged him in violation of Ohio public policy, and violated his rights under 42 U.S.C. §§ 1983 and 1985 and Ohio Revised Code § 4112. Also, Giles appeals the district court’s denial of his motion for partial summary judgment as to whether a collective-bargaining agreement (“CBA”) between the University of Toledo and the American Association of University Professors, University of Toledo Chapter (“the union”) covered him. For the following reasons, we AFFIRM the district court’s judgment for the University and its administrators on all of Giles’s claims.
08a0423n.06	Mann v. Helmig     Eastern District of Kentucky at Covington JULIA SMITH GIBBONS, Circuit Judge. Plaintiff-appellant Stephen Mann appeals the district court’s grant of summary judgment to defendant- appellee Michael Helmig, Sheriff of Boone County. Mann argues that the district court erred in granting Helmig’s motion for summary judgment on Mann’s § 1983 claims and denying Mann’s motion for summary judgment. For the following reasons, we affirm the district court’s decision.
08a0424n.06	Mullaj v. Mukasey     Board of Immigration Appeals
08a0425n.06	USA v. Jones     Western District of Tennessee at Jackson
08a0426n.06	Adams v. Lucent Tech Inc     Southern District of Ohio at Columbus
08a0427n.06	Jody Cain v. Joe Irvin     Western District of Kentucky at Bowling Green Plaintiff Jody Cain appeals the district court’s grant of summary judgment in favor of defendants on her § 1983 claims of excessive force, false arrest, failure to provide medical care, and municipal liability for failure to train, as well as her state law claims of assault, battery, negligence, and outrage. She similarly appeals the district court’s order denying her request to consider alleged newly discovered evidence. For the reasons set forth below, we affirm.
08b0013n.06	In re: Bruce Gilpin v.     U.S. Bankruptcy Court - Youngstown
08a0428n.06	USA v. Lao     Eastern District of Michigan at Bay City
08a0429n.06	Holder v. City of Cleveland     Northern District of Ohio at Cleveland
08a0430n.06	Evans v. USA     Southern District of Ohio at Columbus
08a0431n.06	Dow Corning v. DCC Litigation Fac     Eastern District of Michigan at Detroit
08a0432n.06	Goller v. OH Dept of Rehab     Northern District of Ohio at Cleveland