The Sixth Circuit listed a total of 153 cases on its docket for November-December 2014, as we have reported previously, Sixth Circuit Case Docket November-December 2014. As of today some 6 1/2 months plus after the last case was taken under submission decisions have yet to be rendered in 14 cases. Those cases are as follows:
United States v Richard Olive - argued November 18, 2014, before Judges Alan Norris, Karen Moore and Julia Gibbons, a criminal case in which the defendant was convicted by a jury of mail fraud, money laundering and wire fraud.
Walker v Shermeta, Adams, Von Allmen - also argued November 18, 2104, before Judges Norris, Moore and Gibbons. The plaintiff appeals dismissal of a putative class action under the Fair Debt Collection Practices Act. A reasonable explanation may be that Judges Gibbons and Moore are working, respectively, on their majority and dissenting opinions. It is difficult to conceive of Judges Norris or Gibbons siding with a class action plaintiff.
United States v. Russell Collins, et al - this appeal follows a jury trial involving only a few defendants in what was charged as a major methamphetamine conspiracy in the Eastern District of Kentucky, London division. It was argued to Judges Martha Daughtrey, Eric Clay and Deborah Cook on November 19, 2014. The most substantial issue in the oral argument was whether the government had proved these defendants were responsible for more than 500 gms of meth during their involvement with the conspiracy.
United States v. Cecil Frost - the government appealed the granting of a sentence reduction pursuant to 18 USC section 3582 in this appeal submitted to Judges Norris, Moore and Gibbons on November 19, 2014.
Calatrello v DHSC, LLC -- this labor law appeal stems from a finding that the employer violated the NLRA by refusing to bargain with the National Nurses Organizing Committee. It was argued to Judges Daughtrey, Moore and Clay on November 20, 2104.
Coley v. Lucas County, Ohio -- the defendants appeal their denial of qualified immunity in this civil rights case arising from an inmate's death while in custody at the Lucas County Jail. It was argued to Judges Jeffrey Sutton, Eugene Siler and Jane Stranch on December 2, 2014. A reasonable prediction here might be an opinion by Judge Sutton reversing the denial of qualified immunity on the grounds that the right in question (perhaps not to be killed by government agents) was not clearly established at the time of the death in question. Judge Sutton has at times gleefully invoked qualified immunity to insulate wrongful government conduct from accountability. See "Happily" The Sixth Circuit Rules That American Citizens Have No Constitutional Protection Against Arbitrary Arrest and Jailing.
Lamar v. Houk - this habeas case pending since 2011 was argued to Judges Clay, Raymond Kethledge and John Rogers on December 2, 2014.
Trimble v Bobby - the State of Ohio appeals in this case where the petitioner was granted a writ of habeas corpus by the district court; it was argued to Judges Siler, Alice Batchelder and Clay on December 2. The vacating of the writ seems likely given the panel's composition.
Virtual Studios v Beaulieu Group, LLC - this copyright infringement case was argued to Judges McKeague, Kethledge and District Judge William Bertelsman of the Eastern District of Kentucky on December 3.
Hill v Curtin -- this habeas case was heard en banc on December 3. The issue was whether the trial court judge violated the defendant's rights by ruling that he had requested to represent himself at trial too late. The panel granted the writ; the Court en banc will not. Judge Boggs or Judge Sutton will write the majority opinion; it will be interesting to see if the court again splits along a line correlative with the party of the President that appointed them as it did in the other en banc case heard on this docket, EEOC v. Ford Motor Company. UPDATE: the Court decided this case on July 9 and did, in fact, divided exactly along a line correlative with the party of the President appointing them. The vote was 9-6; the majority opinion was written by Judge Richard Griffin, the dissent by Judge Bernice Donald.
Consolidated Insurance Company v. Damron Trucking - this insurance coverage case was argued to Judges Batchelder, Kethledge and District Judge Curtis Collier on December 4. Snoozer.
Sisson v Radio Shack - the employer appeals in this interlocutory appeal the partial denial of its motion to dismiss plaintiff's putative class action pursuant to the Fair Labor Standards Act. It was also argued to Judges Batchelder, Kethledge and Collier on December 4.
Conner v. Dept. of Army - a wife appeals the denial of an upgrade of her husband's Distinguished Service Cross to Medal of Honor in a case argued to Judges Siler, Sutton and McKeague on December 4.
Saucedo-Collier v. United States - the plaintiff appeals in this case arising from his detention and questioning by U.S. Border Patrol agents; it was submitted to Judges Boggs, Rogers and Stranch on December 4.
The next post will examine the most significant decisions from the Sixth Circuit's November-December 2014 docket.
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