Daily Case Update Archive

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Feb. 9, 2006

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

TOPICS:
- Ohio long-arm statute
- Immigration - changed circumstance
- Delay and impact claims
 

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

 

Kroger Co v. Malease Foods Corp  (February 9, 2006) (Appeal from S.D.
of Ohio)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0052p-06.pdf
-  Defendant Malease Foods Corporation appeals the district court's
November 23, 2004, order requiring Malease to convey its leasehold
interest in certain properties to plaintiff, The Kroger Company, or in
the alternative, to post an appropriate bond pending appeal. This order
followed the partial grant of Kroger's motion for summary judgment,
wherein the district court found that Kroger had properly exercised
purchase options on the subject properties. Prior to the September 23,
2004, order, Malease had filed an unsuccessful motion to dismiss under
Fed. R. Civ. P. 12(b)(2) for lack of personal jurisdiction. Because the
exercise of personal jurisdiction was integral to the order on appeal,
the panel has reviewed this issue and concludes that the district court
erred in its denial of defendant's motion to dismiss. Therefore, this
case is remanded to the district court for entry of an order to dismiss,
without prejudice, for lack of personal jurisdiction pursuant to the
Ohio long-arm statute. Further, it follows that the order for injunctive
relief must be vacated.
 

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

 

Haddad v. Gonzales  (February 9, 2006) (Appeal from Board of
Immigration Appeals)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0051p-06.pdf
-  Haddad, a Jordanian citizen, petitions for review the decision of
the Board of Immigration Appeals denying as untimely her motion to
reopen removal proceedings. Haddad argues that the BIA erred because her
divorce constitutes a "changed circumstance" that makes the usual
deadline inapplicable to her. This exception requires changed country
(not personal) circumstances, however, so Haddad was subject to the
deadline. Because the motion to reopen was filed late, we DENY Haddad's
petition for review.
 
Lexicon, Inc. v. Safeco Ins Co Amer  (February 9, 2006) (Appeal from
E.D. of Kentucky)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0053p-06.pdf
-  Lexicon Inc. (Lexicon), a sub-contractor of Icon, Inc. (Icon), seeks
recovery of self-styled "delay and impact claims" from Safeco Insurance
Co. of America, Inc. (Safeco), the surety of Icon, under a labor and
material payment bond. The district court determined that any claims
asserted by Lexicon against Safeco not based on labor and material costs
caused by delay are not recoverable under the bond. It further held that
a settlement agreement that purportedly settled contractual claims
between Lexicon and Icon precluded Lexicon from recovering from Safeco
on the payment bond, granted summary judgment to Safeco, and dismissed
the action. For the reasons that follow, we affirm the district court in
part, reverse it in part, and remand to the district court for further
proceedings.
 

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