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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March 10, 2005

Today's topics:  § 1983, due process, equitable tolling of SOL, False Claims Act (FCA), independent medical exam (IME), Medicare, Railway Labor Act (RLA): minor dispute, treble damages

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States

Ohio Supreme Court

No opinions.

First District Court of Appeals

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No opinions.

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

Airline Prof. Ass'n v. ABX Air, Inc. (March 10, 2005) (Appeal from S.D. Ohio)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0122p-06.pdf
A pilot was required to be examined by an ABX-selected doctor before returning from disability leave. The union filed a grievance that this violated the collective bargaining agreement. While the grievance was pending, the union filed for an injunction and declaratory judgment, based on their assertion that ABX violated the Railway Labor Act. The district court found it had jurisdiction, and granted summary judgment to the union. Vacated and remanded for dismissal, because this was a "minor" dispute under the RLA and therefore the district court did not have jurisdiction.

Keenan v. Bagley (March 10, 2005) (Appeal from N.D. Ohio)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0123p-06.pdf
Keenan petitioned for habeas relief but the district court found his petition time-barred, because the statute of limitations had run. Vacated and remanded for an evidentiary hearing, because even though petition improperly filed, no showing of whether Keenan could use equitable tolling of the statute.

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

Ballard v. United States (March 10, 2005) (Appeal from W.D. Tenn.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0125p-06.pdf 
Ballard was convicted of intent to distribute, and sentenced. She appealed, citing ineffective assistance of counsel. Reversed, vacating sentence, and remanded, because counsel should have raised Apprendi and Dale arguments on appeal because Ballards sentence was based on the substance she was convicted of transporting, and this was not clarified at the trial.

Gilbert v. Ferry (March 10, 2005) (Appeal from E.D. Mich.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0124p-06.pdf
Plaintiffs sued 4 justices of the Michigan Supreme Court, for failure to recuse. The plaintiffs had previously filed a motion for recusal in state court, and been denied. The distrcit court found that it did not have jurisdiction over their § 1983 case because of the state ruling on the same due process arguments. Affirmed.

United States v. Bradley (March 10, 2005) (Appeal from M.D. Tenn.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0121p-06.pdf
Bradley pled guilty and then appealed, arguing ineffective assistance of counsel and that his plea agreement was no longer binding because of U.S. v. Booker. Decline to review ineffective assistance on direct appeal, and dismiss remainder of appeal because plea agreement occurred prior to Booker.

United States ex rel. A+ Homecare v. Medshares Mgmt Group (March 10, 2005) (Appeal from M.D. Tenn.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0120p-06.pdf
Defendant appealed jury verdict and damages after being found liable under the False Claims Act (FCA) (31 U.S.C. §§ 3729-3733) for filing fraudulent pension expenses on Medicare reporting forms. The district court remitted the damage award, and then tripled it based on the FCA. Affirmed.

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