Daily Case Update Archive

As a service to our members, we monitor opinions issued from the Ohio Supreme Court, the Ohio State First District Court of Appeals, and the United States Sixth Circuit Court of Appeals.  You can read the latest summaries or archived summaries from 2005 or 2006.

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January 19, 2005

Today's topics:  attorney fees, collective bargaining agreement, court costs, criminal procedure, discrimination, employment, ineffective assistance, labor, , Title VII, sexual harassment, union

Ohio Supreme Court

No Opinions

First District Court of Appeals

No Opinions

U.S. Sixth Circuit Court of Appeals - Ohio Cases

CSX Transp. Inc. v. United Transp. Union (January 19, 2005) (appeal from N.D. Ohio)

http://pacer.ca6.uscourts.gov/opinions.pdf/05a0029p-06.pdf

District court determined that this action was a "major" dispute, when considered under the terms of the Railroad Labor Act (45 U.S.C. §151).  Reversed, finding that the dispute is minor.
 

McCombs v. Meijer, Inc. (January 19, 2005) (appeal from S.D. Ohio)

http://pacer.ca6.uscourts.gov/opinions.pdf/05a0030p-06.pdf

Consolidated three actions.  Meijers appealed jury verdict in Title VII sexual harassment lawsuit and the district court's award of attorney fees and costs.  Affirmed.

U.S. Sixth Circuit Court of Appeals - Other States Cases

Kalamazoo Acquisitions Inc. v. Westfield Ins. (january 19, 2005) (appeal from W.D. Mich.)

http://pacer.ca6.uscourts.gov/opinions.pdf/05a0031p-06.pdf

Westfield Insurance appealed district court's grant of summary judgment in breach of contract for commercial property insurance.  Westfield claimed that Kalamazoo Acq. entered a general release, and the district court held that Westfield waived this claim.  Reversed, finding Westfield did not waive argument and remanded with instructions to enter judgment in Westfield's favor.

Whiting v. Burt (January 19, 2005) (appeal from E.D. Mich.)

http://pacer.ca6.uscourts.gov/opinions.pdf/05a0028p-06.pdf

Whiting was awarded conditional writ of habeas corpus, to file an appeal in state court.  The respondent asked for a stay pending appeal, and the district court denied the motion.  Respondent appealed and was granted a stay by another panel of the 6th Circuit.  Vacated district court and remanded for further proceedings in accordance with opinion, which outlined correct standard to apply in ineffective assistance claim.

 

Daily Case Updates