United States Sixth Circuit - Opinion Summaries

OUR GARAGE & WRECKER SERV. v. CITY OF COLUMBUS

Antitrust & Trade Regulation, Constitutional Law
The Interstate Commerce Act preempts municipal licensing and safety regulation of non-consensual towing operations when the municipality does not act...

HEALTHCARE & RETIREMENT CORP. OF AM. v. NAT'L LABOR RELATIONS BD.

Constitutional Law, Labor & Employment Law
The National Labor Relations Board does not violate an employer's due process in allowing the same individual who presided over union elections to...

US v. CLINGAN

Criminal Law & Procedure, Sentencing
Defendant's bartering cars for guns, and subsequent sale of the guns for profit, does not entitle him to a sentencing reduction under USSG 2K2.1(b)(2)...

IN RE: AMINISTRATIVE SUBPOENA

Criminal Law & Procedure, Health Law
A reasonable relevance test under the Fourth Amendment governs the issuance of an administrative subpoena under 18 USC 3486.

US V. MARTINEZ

Criminal Law & Procedure, Sentencing, Evidence
Prosecution's improper bolstering of witness was not prejudicial error where overwhelming evidence supported drug conspiracy conviction, and district...

NAT'L SATELLITE SPORTS, INC. v. ELIADIS, INC.

Civil Procedure, Communications Law, Entertainment Law
Under the Federal Communications Act of 1934, the definition of a "person aggrieved" in 47 USC 605(d)(6) is not limited to those who have proprietary...

US v. BANKS

Criminal Law & Procedure, Sentencing
Court may not deny defendant's reduction for acceptance of responsibility under USSG 3E1.1 based upon consideration of defendant's unrelated post-plea...

US v. GARCIA

Criminal Law & Procedure, Sentencing
Defendant is not entitled to a reduction for acceptance of responsibility under USSG 3E1.1 where defendant's responses under oath were evasive and...

CHRISTIAN v. WAL-MART STORES, INC.

Civil Procedure, Civil Rights
A plaintiff in a racial discrimination case under 42 USC 1981 is not required to provide direct evidence of the defendant's "intent to discriminate"...

BRANDENBURG v. HOUS. AUTH. OF IRVINE

Constitutional Law, Labor & Employment Law
Although government employee had engaged in protected speech in a matter of public concern, defendant agency's interest in the efficient provision of...