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February 27, 2007

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

TOPICS:
- Improper ex parte communications
- Clayton Act - illegal price discrimination
- Banks - Forgery or Alteration of documents

 

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
 
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U.S. Sixth Circuit Court of Appeals: Other States Cases
 
USA v. Barnwell  (Feb. 27, 2007) (Appeal from E.D. Mich.)
http://www.ca6.uscourts.gov/opinions.pdf/07a0081p-06.pdf
-  Defendant, William Henry Barnwell, was convicted in his second jury trial in the United States District Court for the Eastern District of Michigan for embezzlement and theft of labor union assets, in violation of 29 U.S.C. § 501(c); and conspiracy to engage in misappropriation of union assets, in violation of 18 U.S.C. § 371. Barnwell appeals his convictions and requests remand for a new trial because improper ex parte communications between the prosecution and the trial judge during his first trial violated his constitutional right to due process and effective assistance of counsel. For the reasons set forth below, we REVERSE Barnwell's convictions and REMAND for a new trial.

Smith Whsle Co v. R.J. Reynolds (Feb. 27, 2007) (Appeal from E.D. Tenn.)
http://www.ca6.uscourts.gov/opinions.pdf/07a0082p-06.pdf
-  In this case alleging illegal price discrimination in violation of Section 2(a) of the Clayton Act, as amended by the Robinson-Patman Price Discrimination Act ("the Act"), 15 U.S.C § 13(a), the plaintiffs-appellants, eighteen full-service wholesalers who are also direct distributors for defendant R.J. Reynolds Tobacco Company ("RJR"), appeal the district court's order of summary judgment entered pursuant to Federal Rule of Civil Procedure 56(c) in favor of defendant RJR. We affirm.

Union Planters Bank v. Cont Cslty Co  (Feb. 27, 2007) (Appeal from W.D. Tenn.)
http://www.ca6.uscourts.gov/opinions.pdf/07a0083p-06.pdf
-  Union Planters Bank suffered a multi-million-dollar loss stemming from a mortgage lender's fraud. Upon discovering the fraud, the bank notified its primary insurance provider, Continental Casualty Co., and later notified its three excess-policy carriers: National Union Fire Insurance Co., St. Paul Mercury Insurance Co. and Twin City Fire Insurance Co. When the insurance providers disputed coverage, Union Planters filed this diversity action, seeking to recover its losses, prejudgment interest and professional fees. Applying Tennessee law, the district court granted (1) Union Planters' motion for summary judgment against Continental Casualty and (2) the excess carriers' motions for summary judgment against Union Planters. We affirm.
 
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