Articles

All Content


9,713 Posts found
Previous • Page 251 of 972 • Next
Posted by: Tanja Trezise on Dec 2, 2020

A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. Sixth Circuit Rule 35(b) provides as follows:

The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet as a pending appeal.

Accordingly, it is ORDERED, that the previous decision and judgment of this court are vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.

Posted by: Tanja Trezise on Dec 2, 2020

SUTTON, Circuit Judge. It took a ship and a train to transport two electrical transformers from Germany to Kentucky. The ocean leg was uneventful, and the transformers reached Maryland unscathed. But one of the transformers suffered damage during the inland rail leg to the Bluegrass State. The rail carrier, CSX, sought shelter under a provision of the original transportation contract that insulated subcontractors from liability. Because the terms of the contract apply to this dispute, we affirm the district court’s decision to grant summary judgment to CSX.

Posted by: Tanja Trezise on Dec 2, 2020

Defendant, Armin Lars Begtrup, was found guilty after a jury trial of two counts of aggravated perjury. He was sentenced to three and one-half years of supervised probation. The trial court granted judicial diversion. Defendant timely filed a motion for new trial which the trial court denied. On appeal, Defendant argues that the trial court violated his right to a unanimous verdict and that the evidence is not sufficient to sustain his convictions. After a thorough review, we dismiss the appeal because we lack jurisdiction to consider the issues.

Posted by: Tanja Trezise on Dec 2, 2020

In this forcible entry and detainer case, REI Nation, LLC (“REI”) filed a detainer warrant against LaTasha Chanta Tennial (“Tennial”) in the General Sessions Court for Shelby County (“the General Sessions Court”) to obtain possession of certain foreclosed-upon real estate (“the Property”) it had purchased. The General Sessions Court entered judgment for REI. Tennial appealed to the Circuit Court for Shelby County (“the Circuit Court”) for trial de novo. The Circuit Court found for REI, as well. Tennial appeals to this Court. Discerning no reversible error in the Circuit Court’s judgment, we affirm.

Posted by: Tanja Trezise on Dec 2, 2020

This appeal concerns the trial court’s summary judgment dismissal of the plaintiff’s uninsured motorist insurance claim filed against his employer following a car accident. We affirm the judgment of the trial court.

Posted by: Tanja Trezise on Dec 2, 2020

In this dispute over the sale of real and personal property, the buyers complain that they did not receive all the personal property described in the bill of sale and that the real property was encumbered. Their complaint asserted claims for intentional misrepresentation, breach of the covenant against encumbrances, and breach of contract. After a bench trial, the trial court awarded the buyers damages for breach of contract and intentional misrepresentation. Both sides appealed. We conclude that the evidence preponderates against the trial court’s finding that the buyers’ reliance on the misrepresentation in the warranty deed was reasonable. In all other respects, we affirm.

Posted by: Tanja Trezise on Dec 1, 2020

RONALD LEE GILMAN, Circuit Judge. Kenneth Dewayne Willis has been charged with one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). He seeks to dismiss the indictment on the grounds that the current federal prosecution constitutes double jeopardy and violates the collateral-estoppel doctrine because Willis has already been prosecuted in state court based on the same underlying conduct. The district court denied Willis’s motion to dismiss. For the reasons set forth below, we DISMISS Willis’s appeal for lack of appellate jurisdiction.

Posted by: Tanja Trezise on Dec 1, 2020

LARSEN, Circuit Judge. In this qui tam action, Dr. Gurpreet Maur accuses Dr. Elie Hage-Korban (“Korban”) of submitting false claims to Medicare for unnecessary cardiac testing and procedures, in alleged violation of the False Claims Act (FCA). See 31 U.S.C. § 3729(a)(1)(A)–(C), (G). The district court dismissed Maur’s complaint pursuant to the FCA’s public-disclosure bar, 31 U.S.C. § 3730(e)(4). Because we conclude Maur’s allegations are “substantially the same” as those exposed in a prior qui tam action and Maur is not an “original source” as defined in the FCA, we AFFIRM the district court’s dismissal.

Posted by: Tanja Trezise on Dec 1, 2020

A Shelby County jury convicted the defendant, Tarvis Weatherly, of aggravated sexual battery for which he received a thirty-year sentence. On appeal, the defendant challenges the sufficiency of the evidence supporting his conviction which we affirm after a thorough review of the record.

Posted by: Tanja Trezise on Dec 1, 2020

The Petitioner, Jermarlon Sanders, appeals the Shelby County Criminal Court’s denial of post-conviction relief from his conviction of aggravated robbery, for which he received an eight-year term of imprisonment. In his appeal, the Petitioner argues that his guilty plea was unknowingly and involuntarily entered based on the ineffective assistance of trial counsel. Upon review, we affirm the judgment of the post-conviction court.


Previous • Page 251 of 972 • Next