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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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February 20th, 2007

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

TOPICS:
- ERISA - severance benefits
- Civil rights action - violations of 1st, 4th and 14th Amendment
- Michigan Defamation Law
 

Ohio Supreme Court
 
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First District Court of Appeals
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U.S. Sixth Circuit Court of Appeals:  Ohio Cases
 
Godleski v. First Energy Corp  (Feb. 20, 2007) (Appeal from N.D. Ohio)
http://www.ca6.uscourts.gov/opinions.pdf/07a0067p-06.pdf
-  After FirstEnergy eliminated Lawrence Godleski's position with the company, it denied his claim for severance benefits under the company's benefits plan. Godleski filed a lawsuit to recover the benefits under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq., and the district court entered judgment on the administrative record in favor of FirstEnergy. Concluding that FirstEnergy arbitrarily and capriciously denied Godleski benefits, we reverse.

Bio-Ethical Reform v. City of Springboro  (Feb. 20, 2007) (Appeal from S.D. Ohio)
http://www.ca6.uscourts.gov/opinions.pdf/07a0069p-06.pdf
-  Plaintiffs, Center for Bio-Ethical Reform, Inc., Mark Harrington, Quentin Patch, and Dale Henkel, appeal from the district court's grant of summary judgment to Defendants on their claims under 42 U.S.C. § 1983 that Defendants violated their constitutional rights under the First, Fourth, and Fourteenth Amendments to the U.S. Constitution, and conspired to violate those rights. For the reasons that follow, we AFFIRM in part, REVERSE in part, and REMAND for further proceedings consistent with this opinion.
 
U.S. Sixth Circuit Court of Appeals: Other States Cases
 
Nichols v. Moore (Feb. 20, 2007) (Appeal from E.D. Mich.)
http://www.ca6.uscourts.gov/opinions.pdf/07a0068p-06.pdf
-  Plaintiff James Nichols appeals the district court's entry of summary judgment in favor of defendant Michael Moore. On appeal, Nichols makes numerous arguments, including that the district court (1) wrongfully made factual determinations in concluding that Moore's allegedly defamatory statements were substantially true, and (2) erroneously determined that Nichols was a public figure and erroneously applied the "actual malice" standard. For the following reasons, we affirm.
 
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