Sixth Circuit Cases

ECF Update - Notice Amendments to Local Rules Effective 1/12/2009

Here is an update on Sixth Cir. Local Rules Amendments. 

Since I am not a major Sixth Circuit practitioner, any help from the readers regarding announcements and rule changes relative to the Sixth Circuit would be very much appreciated!

I go into their site weekly (or thereabouts) and tabulate and post the week's decisions by name, lower court, AND link to the decision.  I only catch developments serendipitously.

NOTICE OF AMENDMENT
Sixth Circuit Rules 10, 27, 28, 30, and 101
Sixth Circuit Internal Operating Procedures 10 and 11
Sixth Circuit Guide to Electronic Filing

EFFECTIVE JANUARY 12, 2009

The Sixth Circuit Court of Appeals has adopted amendments to several of its local Rules, Internal Operating Procedures, and the Guide to Electronic Filing. These amendments are all effective as of January 12, 2009. The text of the Rules, the Procedures, and the Guide, reflecting these amendments, are available at the links provided above.

The amendments to the Rules were adopted without prior public notice or opportunity to comment upon the Court’s determination that an immediate need existed therefor; 6 Cir. R. 47(a). Pursuant to that Rule the court will welcome comment from any interested persons not later than April 13, 2009. Comments may be addressed to ca06-rules_comments@ca6.uscourts.gov.

RULES: ECF Training Database Available on line!!!

The court has developed a training database for counsel's use in familiarizing themselves with the how-to's of filing in ECF. Counsel are encouraged to access that database and practice with ECF at this link.

• ECF Training Database
• Notice: Electronic Case Filing (ECF)
  Effective June 1, 2008: the U.S. Court of Appeals for the Sixth Circuit has implemented the ECF system for the electronic filing of court documents. ECF Document Filing
• Electronic Case Filing (ECF) - Guide and Amendments
  The court of appeals has adopted amendments to the 6 Cir. Rules and Internal Operating Procedures. The amendments have taken effect as of June 1, 2008. More Information
• Notice: Re: Electronic Case Filing (ECF)
  Effective June 1, 2008 the U.S. Court of Appeals for the Sixth Circuit has implemented the ECF system for the electronic filing of court documents. A special registration form which must be completed for that purpose can be accessed at this link. Registration Information

RULES: Opportunity for Comment on Amendments

The amendments to the Sixth Circuit Rules and Internal Operating Procedures noted above were made in advance of the period for comment required by 6 Cir. R. 47, due to the immediate need for their implementation. The court is interested in receiving comments from the bar, and anyone interested in doing so may submit them via e-mail to: ca06-clerk_court@ca6.uscourts.gov.

All comments are to be submitted by Monday, September 1, 2008.

U.S. 6th Cir. Decisions for Week of Jun 9-13, 2008 (2 Ky cases)

CA6 Home

   PUBLISHED OPINIONS

Opinion	Short Title/District
08a0209p.06 6/9/2008	Bassett v. Natl Collegiate Athl     Eastern District of Kentucky at Lexington BOYKO, District Judge. Appellant Claude L. Bassett (“Bassett”) was an assistant football coach for the University of Kentucky (“UK”) from 1997-2000 when he resigned due to allegations of The National Collegiate Athletics Association (“NCAA”) rules infractions. Bassett filed suit against NCAA, the Southeastern Conference (“SEC”) and the University of Kentucky Athletic Association (“UKAA”), alleging conspiracy to violate antitrust laws, fraud, civil conspiracy and tortious interference with contract. The district court granted NCAA’s, the UKAA’s and the SEC’s motions to dismiss the antitrust and civil conspiracy claims and granted NCAA’s and the SEC’s motions to dismiss Plaintiff’s fraud claims. Later, the district court granted summary judgment for NCAA and the UKAA on Plaintiff’s remaining claims. Bassett now appeals the district court’s granting of NCAA’s motion to dismiss the antitrust claim and the district court’s granting of summary judgment on the UKAA’s fraud and alleged breach of contract claims. The Appellant’s appeal is not well taken. We find the district court correctly determined Appellant’s antitrust claim was not commercial in nature and failed to allege an antitrust injury. Furthermore, Appellant failed to demonstrate reasonable reliance and causation on his fraud claim and Appellant failed to plead a breach of contract claim and, even if he did, such contract would be void ab initio as against public policy.
08a0210p.06 6/10/2008	USA v. Bartee     Western District of Michigan at Grand Rapids
08a0211p.06 6/10/2008	Leary v. Livingston Cnty     Eastern District of Michigan at Ann Arbor SUTTON, Circuit Judge. Not long after word spread at the Livingston County Jail that detainee Shaun Leary had been charged with raping a nine-year-old girl, several prisoners beat him up. At stake in this § 1983 action is, one, whether officer Scott Stone was deliberately indifferent to Leary’s safety needs and, two, whether officer Denis McGuckin used excessive force against Leary when he hit him on the back of his neck while walking him to his cell. As to Stone, we affirm the district court’s denial of qualified immunity; as to McGuckin, we reverse the district court’s denial of qualified immunity because the force used was de minimis.
08b0009p.06 6/12/2008	In re: Ralph Kimbro v.     U.S. Bankruptcy Court - Nashville

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION OPINIONS

Opinion	Short Title/District
08a0325n.06	USA v. Crawford     Western District of Tennessee at Memphis
08a0326n.06	AL Power Co v. Clean Earth KY     Eastern District of Kentucky at Lexington
08a0327n.06	Sandi Jackson v. Mix     Middle District of Tennessee at Nashville
08a0328n.06	USA v. Mapp     Northern District of Ohio at Cleveland
08b0011n.06	In re: Daniel W. Brown v.     U.S. Bankruptcy Court - Grand Rapids
08a0329n.06	Hasson v. Mukasey     Board of Immigration Appeals
08a0330n.06	Jennifer Stephens v. Karen Hayes     Eastern District of Michigan at Detroit
08a0331n.06	Bds of Trustees v. Jenkins     Southern District of Ohio at Columbus
08a0332n.06	Dale Gillis v. Hartford Insurance     Southern District of Ohio at Columbus
08a0333n.06	Beil v. Lake Erie Corr     Northern District of Ohio at Cleveland
08a0334n.06	Parker v. Cassa     Eastern District of Michigan at Detroit
08a0335n.06	Piers v. Higgs     Western District of Michigan at Grand Rapids
08a0336n.06	Dongah Tire & Rubber v. Nucleon, LLC     Eastern District of Michigan at Ann Arbor
08a0337n.06	A to Z, Inc. v. City of Cleveland     Northern District of Ohio at Cleveland

Rules: Amendments to Sixth Circuit Rules 28(g) and 45(a)(7)

The court has given its final approval to the amendments to Sixth Circuit Rules 28(g) and 45(a)(7); they will take effect January 24, 2007.

• Rule 28(g), 
• Rule 45(a)(7)

Rules: Rules Governing Complaints of Judicial Misconduct or Disability Open for Comment

Amended Rules Governing Complaints of Judicial Misconduct or Disability The Sixth Circuit Judicial Council has voted to adopt amended Rules Governing Complaints of Judicial Misconduct or Disability. Interested parties shall have until January 31, 2007 to comment on the proposed amended Rules. More Information

Comments may be submitted to:

Office of the Circuit Executive

503 Potter Stewart U.S. Courthouse

100 E. Fifth Street

Cincinnati, OH 45202.