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Posted by: Karen Belcher on Aug 10, 2021

SUTTON, Chief Judge. In phase one of this dispute, our court affirmed the Federal Trade Commission’s decision to block a merger of ProMedica Health System and St. Luke’s Hospital in Lucas County, Ohio. As part of the unwinding of the merger, ProMedica and St. Luke’s signed an agreement in which ProMedica’s insurance subsidiary, Paramount, agreed to maintain St. Luke’s as a within-network provider. But that contractual obligation came with a caveat: Paramount could drop St. Luke’s if ownership of the hospital changed. The qualification came to fruition when a large healthcare company based in Michigan, McLaren Health, merged with St. Luke’s. In response, Paramount ended its relationship with St. Luke’s, removing the hospital from its provider network.

All of this prompted a second antitrust charge against ProMedica, this one by St. Luke’s. It alleged that ProMedica’s refusal to do business with it violated the antitrust laws. The district court preliminarily enjoined ProMedica from pulling the plug on the agreement. Because ProMedica had a legitimate business explanation for ending the relationship, St. Luke’s is unlikely to show that ProMedica unlawfully refused to continue doing business with it. On top of that, it has little likelihood of establishing an irreparable injury given the option of money damages. For these reasons and those elaborated below, we vacate the preliminary injunction.

Posted by: Karen Belcher on Aug 10, 2021

LARSEN, Circuit Judge. In Davis v. Helbling (In re Davis), this court held that when a Chapter 13 debtor has regularly contributed to his 401(k) in the months leading up to his petition for bankruptcy, he may exclude that recurring amount from the calculation of his “projected disposable income.” See 960 F.3d 346, 355–57 (6th Cir. 2020). This case presents a twist to that fact pattern. What if a debtor has historically contributed to a 401(k) plan, but was unable to make further contributions in the months leading up to bankruptcy? John and Jill Penfound claim that such a track record should permit them to shield voluntary post-petition contributions from the reach of their creditors. Because neither the statute nor our caselaw supports the Penfounds’ position, we AFFIRM the judgment below.

Posted by: Karen Belcher on Aug 10, 2021

This case involves a post-divorce complaint to enforce the parties’ Marital Dissolution Agreement (“MDA”), which was executed in 2005 in Shelby County, Tennessee. The complaint was filed in the Shelby County Circuit Court (“trial court”) by the wife and the parties’ adult son. The husband, now a resident of Hamblen County, Tennessee, filed a motion to dismiss based on, inter alia, lack of personal jurisdiction, improper venue, and expiration of the statute of limitations. The husband also subsequently filed an answer to the complaint, denying that the wife was entitled to relief and asserting various affirmative defenses. The trial court denied the husband’s motion to dismiss, determining that jurisdiction was proper in Shelby County. The court further found that the husband had breached the terms of the MDA and that the complaint was not time-barred. The court ordered the husband to procure life insurance for the benefit of the parties’ son within thirty days and to cooperate with the wife’s procurement of additional life insurance on the husband’s life. The court also ordered the husband to pay the wife’s attorney’s fees. The husband has appealed. Determining that the applicable statute of limitations had expired before the complaint was filed, we reverse the trial court’s judgment and remand for entry of a judgment of dismissal.

Posted by: Karen Belcher on Aug 10, 2021

This appeal concerns termination of parental rights. The Tennessee Department of Children’s Services (“DCS”) filed a petition in the Juvenile Court for Anderson County (“the Juvenile Court”) seeking to terminate the parental rights of Nicole M. (“Mother”) and Joseph M. (“Father”) to their minor son Evan M. (“the Child”). After a hearing, the Juvenile Court entered an order finding a host of grounds for termination against Mother and Father. These grounds were based largely on proof of substance abuse and domestic violence. The Juvenile Court also found that termination of Mother and Father’s parental rights is in the Child’s best interest. Mother and Father appeal. We affirm the Juvenile Court as to certain grounds for termination found against Mother and Father. However, we reverse certain other grounds for lack of clear and convincing evidence. In addition, we affirm the Juvenile Court’s finding that termination of Mother and Father’s parental rights is in the Child’s best interest. We thus affirm, in part, and reverse, in part, the judgment of the Juvenile Court, the result being we affirm the termination of Mother and Father’s parental rights to the Child.

Posted by: Karen Belcher on Aug 9, 2021

The petitioner, Wesley H. Luthringer, appeals the denial of his petition for post-conviction relief, which petition challenged his convictions of aggravated vehicular homicide, alleging that the trial court erred by denying his motion for new counsel and that he was deprived of the effective assistance of trial counsel. Discerning no error, we affirm the denial of post-conviction relief.

Posted by: Karen Belcher on Aug 9, 2021

A mother appeals the juvenile court’s decision to terminate her parental rights. She challenges the juvenile court’s determination by clear and convincing evidence that termination of her parental rights was in the best interest of the children. We affirm the juvenile court’s termination of the mother’s parental rights.

Posted by: Karen Belcher on Aug 9, 2021

CLAY, Circuit Judge. Defendants Dale C. Emmons (“Emmons”) and Gerald G. Lundergan (“Lundergan”) appeal the district court’s entry of judgment against them following a jury trial for alleged criminal activity related to Alison Lundergan Grimes’ (“Grimes”) campaign for the U.S. Senate seat held by Mitch McConnell in 2014. Emmons and Lundergan were convicted by a jury for knowingly and willfully making unlawful corporate contributions aggregating $25,000 or more, under the Federal Election Campaign Act (“FECA”), 52 U.S.C. §§ 30109(d)(1)(A)(i), 30118, and 18 U.S.C. § 2; conspiracy to defraud the United States, under 18 U.S.C. § 371; willfully causing the submission of materially false statements, under 18 U.S.C. §§ 1001(a)(2) and 2; and the falsification of records or documents, under 18 U.S.C. §§ 1519 and 2. For the reasons stated below, we AFFIRM the district court’s judgment.

Posted by: Karen Belcher on Aug 9, 2021

In a joint trial, a Knox County jury convicted the defendants, Andre Terry and Nolandus Sims, of two counts of felony murder, one count of second-degree murder, two counts of attempted especially aggravated robbery, two counts of carjacking, one count of employing a firearm during a dangerous felony, two counts of aggravated robbery, and two counts of especially aggravated kidnapping. For the crimes, Defendant Terry received an effective sentence of life plus fourteen years, and Defendant Sims received an effective sentence of life plus fifteen years. On appeal, the defendants separately challenge the sufficiency of the evidence supporting their convictions and the introduction of gang-related evidence during trial. Defendant Terry also challenges the trial court’s jurisdiction, suggesting the juvenile court failed to conduct a proper transfer hearing, and the trial court’s denial of his numerous motions to sever. Following our review of the briefs, the record, and the applicable law, we affirm the judgments of the trial court.

Posted by: Karen Belcher on Aug 9, 2021

The Loudon County Grand Jury indicted Defendant, Stephen A. Simpson, with one count of driving under the influence (“DUI”) and one count of simple possession of a Schedule II controlled substance. Following trial, a jury convicted Defendant of both counts. For the DUI count, the trial court sentenced Defendant to eleven months and twenty-nine days, suspended to forty-eight hours in confinement and the remainder to serve on supervised probation. For possession of a Schedule II controlled substance, the court sentenced Defendant to eleven months and twenty-nine days to be served on supervised probation. The trial court ran the sentences concurrently. On appeal, Defendant argues that the trial court erred in denying his motion to suppress evidence and that the evidence was insufficient to support his DUI conviction. Following a thorough review of the record and applicable law, we affirm the judgments of the trial court.

Posted by: Karen Belcher on Aug 9, 2021

A jury convicted the Defendant, Mickey Verchell Shanklin, of the sale of heroin, the delivery of heroin, the sale of fentanyl, and the delivery of fentanyl and assessed fines of $50,000 for the heroin convictions and $25,000 for the fentanyl convictions. The trial court merged the heroin convictions and the fentanyl convictions and ordered the Defendant to serve concurrent terms of thirty years for the heroin convictions and fifteen years for the fentanyl convictions as a Range III, persistent offender at forty-five percent. The trial court also affirmed the total fines of $75,000. On appeal, the Defendant contends that the evidence is insufficient to support his convictions and that the fines are excessive. We remand the case to the trial court for a hearing with regard to the fines. We otherwise affirm the judgments of the trial court.


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