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Posted by: Karen Belcher on Feb 16, 2023

CLAY, Circuit Judge. Defendant Jafar Abbas appeals the district court’s issuance of a preliminary injunction on behalf of Plaintiffs Stryker Employment Company, LLC, and Howmedica Osteonics Corporation that seeks to enforce various confidentiality, noncompetition, and nonsolicitation agreements pertaining to Abbas’ employment with Stryker. On appeal, Abbas challenges the preliminary injunction’s restriction of his employment options and his ability to be represented by specific attorneys. For the reasons set forth below, we AFFIRM.

Posted by: Karen Belcher on Feb 16, 2023

The Petitioner, Darcell Dominique Wright, appeals from the Montgomery County Circuit Court’s dismissal of his petition for post-conviction relief. On appeal, the Petitioner contends that the post-conviction court erred when it held that the Petitioner’s claim of limited ability to access the penitentiary law library due to lockdowns did not entitle him to due process tolling of the one-year statute of limitations for filing his petition. We affirm the judgment of the post-conviction court.

Posted by: Karen Belcher on Feb 16, 2023

The Petitioner, Jahue Mumphrey, pled guilty by criminal information to possessing a controlled substance with the intent to sell and three counts of domestic assault. He was sentenced to an effective term of ten years. He later filed a petition for post-conviction relief alleging that his plea was entered involuntarily and that his lawyer rendered ineffective assistance of counsel by, among other things, failing to review pretrial discovery with him. After a hearing, the post-conviction court denied the petition, and the Petitioner appealed to this Court. We respectfully affirm the judgment of the postconviction court.

Posted by: Karen Belcher on Feb 16, 2023

The Defendant, Douglas McArthur McGill, was convicted by a jury of violating the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004 by failing to register a secondary address. He was sentenced as a Range II, multiple offender to a term of two years and six months. On appeal, the Defendant seeks a new trial, arguing that the trial court improperly admitted hearsay evidence. The State concedes that reversible error exists in the record, and we agree. We respectfully reverse the judgment of the trial court, vacate the Defendant’s conviction, and remand the case for a new trial.

Posted by: Karen Belcher on Feb 15, 2023

Branden Brookins, Petitioner, appeals from the denial of his petition seeking post-petition relief from his 2019 convictions for first degree murder, conspiracy to commit first degree murder, two counts of criminal attempt first degree murder, employing a firearm with intent to commit a felony, and reckless endangerment with a deadly weapon. On appeal, Petitioner claims that he received ineffective assistance of counsel. After a thorough review of the record, we affirm the judgment of the post-conviction court.

Posted by: Karen Belcher on Feb 15, 2023

A member of a limited liability company (“LLC”) brought a suit on behalf of the LLC alleging a breach of fiduciary duties and constructive fraud by another member in regard to transfers of LLC property. The plaintiff admitted that no demand for corrective action was made on the defendant, nor was any demand made on the other members of the LLC to join in the litigation. The trial court granted the defendant’s motion to dismiss, finding both that the plaintiff’s complaint was outside the statute of limitations and that the plaintiff lacked standing to bring the derivative action. We agree with the trial court that the plaintiff’s complaint was subject to dismissal because his complaint did not include allegations sufficiently particular to excuse his failure to meet statutory demand requirements. The remaining issues are therefore pretermitted.

Posted by: Karen Belcher on Feb 15, 2023

LARSEN, Circuit Judge. From the late 1970s to the late 1990s, Dr. Richard Strauss sexually abused hundreds of students at The Ohio State University. In 2018, former Ohio State student-athletes came forward alleging that Strauss had abused them and that Ohio State had covered it up. Hundreds of survivors sued Ohio State under Title IX, including the two groups of plaintiffs before us. The district court dismissed the claims as time-barred. Before we heard this appeal, another panel of this court reversed the district court’s order as it pertained to two other groups of plaintiffs. See Snyder-Hill v. Ohio State Univ., 48 F.4th 686 (6th Cir. 2022). The holding in Snyder-Hill applies equally to these plaintiffs’ claims, so we VACATE the district court’s dismissal of plaintiffs’ claims as untimely. Plaintiffs before us also bring two other claims: one group of plaintiffs appeals the dismissal of their Title IX retaliation claims, and all plaintiffs appeal the district court’s denial of their motions for recusal. On those claims we AFFIRM. We REMAND to the district court for further proceedings consistent with this opinion.

Posted by: Karen Belcher on Feb 15, 2023

Defendant, Michael Dewayne Fisher, appeals his Lawrence County conviction for attempted first degree premeditated murder, for which he received a sentence of twentyfive years’ incarceration. Defendant asserts that the evidence presented at trial is insufficient to support his conviction and that the trial court committed structural constitutional error when it denied his motion for recusal. Following a thorough review, we affirm the judgment of the trial court.

Posted by: Karen Belcher on Feb 14, 2023

In this appeal of the trial court’s compensation order awarding attorneys’ fees and costs, the employer contends the award is improper under the statute. Following a compensable injury, the employer terminated the employee, asserting the termination was for cause. The employee sought temporary disability benefits, which resulted in extensive discovery. Shortly before the expedited hearing, the employer agreed to pay the requested benefits and an associated twenty-five percent penalty. At that time, the parties reserved the issue of the employee’s attorneys’ fees and the reimbursement of costs for trial. Ultimately, the parties agreed to settle the claim, and the sole issue at trial was whether the employee’s attorney was entitled to attorneys’ fees for his work in obtaining the temporary benefits. After conducting a hearing, the court determined the employer wrongfully failed to initiate benefits and ordered the payment of attorneys’ fees and costs. The employer has appealed. Having carefully reviewed the record, we affirm the trial court’s decision and certify it as final.

Posted by: Karen Belcher on Feb 14, 2023

Defendant, Timothy Potts, appeals as of right from his jury convictions for two counts of aggravated rape, for which he received a sentence of twenty-four years. On appeal, Defendant contends that the trial court erred by denying his motions to dismiss based upon the statute of limitations and due process and that the evidence was insufficient to support his convictions. Following our review, we affirm.


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