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 22, 2005

Today's topics:  bankruptcy, judgment lien avoidance, jury instructions, mixed motive, municipal liability, sexual stereotype, Title VII sexual discrimination

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

Barnes v. City of Cincinnati (March 22, 2005) (Appeal from S.D. Ohio)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0142p-06.pdf
Barnes failed the probationary period required to become a police sergeant for the city. He sued the city, alleging that, because he was living as a pre-operative transsexual, his failure was due to illegal sexual discrimination based on Title VII. The city argued that Barnes' failure was due to poor performance. The district court denied the city's motions for summary judgment and dismissal, and a jury returned a verdict for Barnes. Affirmed, finding that Barnes had standing and sufficient evidence, and that the mixed-motive, municipal liability, and sexual stereotype jury instructions were not erroneous.
 

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

Brinley v. LPP Mortgage, Ltd. (March 22, 2005) (Appeal from W.D. Ky.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0141p-06.pdf
Brinley and his wife had 2 mortgages and a judgment lien placed on their house. The first mortage was acquired before the lien, and the second after the lien. Mr. Brinley filed for Chapter 7 bankruptcy and sought a statutory exemption, which was impaired by the reality that the mortgages and lien exceeded the value of the land. The bankruptcy court sought to protect the $6000 exemption by avoiding the 2d mortgage and partially avoiding LPP's lien. The district court found differently, avoiding LPP's lien entirely and then partially avoiding the 2d mortgage. LPP appealed, arguing that the bankrupcty court was correct. Brinely appeals, arguing that the courts incorrectly determined the property value at $280,000, rather than his share of $140,000. Court of appeals found that both the bankruptcy and district courts incorrectly applied the Bankruptcy Code, and affirmed the valuation at $280,000, but reversed the district court, finding that LPP's lien was not avoidable.

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