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Federal Judiciary

: Sixth Circuit Cases

U.S. 6th Cir. Decisions for Week of Jun 23-27, 2008 (1 Ky published; 1 Ky NPO)

By Michael Stevens

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Opinions in the cases listed below were filed by the U.S. Court of Appeals for the Sixth Circuit:

PUBLISHED OPINIONS

Opinion	Short Title/District
08a0215p.06 2008/06/23	LoCoco v. Med Sav Ins Co. Southern District of Ohio at Columbus
08a0216p.06 2008/06/23	Planned Parenthood v. Taft Southern District of Ohio at Cincinnati
08a0217p.06 2008/06/24	Thornton v. Fed Express Corp Western District of Tennessee at Memphis
08a0218p.06 2008/06/24	USA v. Hall Eastern District of Michigan at Flint
08a0219p.06 2008/06/24	USA v. McGee Western District of Michigan at Grand Rapids
08a0220p.06 2008/06/24	Justin Parsons v. City of Pontiac Eastern District of Michigan at Detroit
08a0221p.06 2008/06/24	Niswander v. Cincinnati Ins Co Northern District of Ohio at Akron RONALD LEE GILMAN, Circuit Judge. This case requires us to address the scope of protection that should be afforded to employees who disseminate confidential documents in violation of their employer?s privacy policy in the context of employment-related litigation. In December of 2005, Kathleen Niswander?s employment with The Cincinnati Insurance Company (CIC) was terminated after CIC learned that Niswander had delivered confidential, proprietary documents to her lawyers in a class-action lawsuit against CIC. She was fired for breaching the company?s Privacy Policy and Code of Conduct. This caused Niswander to file a separate lawsuit against CIC, alleging retaliation under the Equal Pay Act (EPA) and Title VII of the Civil Rights Act of 1964 (Title VII).
08a0222p.06 2008/06/26	USA v. Pacheco-Lopez Western District of Kentucky at Louisville MERRITT, Circuit Judge. The defendant, Pedro Pacheco-Lopez (Lopez), challenges the district court?s denial of his request to suppress certain statements made prior to his arrest. The defendant argues that his initial statements ? made prior to receiving his Miranda warnings ? should have been suppressed because they were responses to a custodial interrogation and do not fall under the ?booking exception? to Miranda. Additionally, the defendant argues that his later admission, made after receiving his warning, resulted from impermissible ?Miranda-in-the-middle? questioning. Because the booking exception applies narrowly to biographical questions and has rarely been applied outside of a police station, we hold that the defendant?s first statements should have been suppressed. We similarly find that Lopez?s post-Miranda admission should be suppressed. Accordingly, the district court?s decision is REVERSED.
08a0223p.06 2008/06/26	Lee v. Shapiro Eastern District of Michigan at Detroit
08a0224p.06 2008/06/26	Brown v. Bradshaw Northern District of Ohio at Youngstown
08a0225p.06 2008/06/26	Rashid v. Mukasey Board of Immigration Appeals
08a0226p.06 2008/06/26	John B. v. M. Goetz, Jr. Middle District of Tennessee at Nashville
08a0227p.06 2008/06/26	Schafer v. Defiance Northern District of Ohio at Toledo
08a0228a.06 2008/06/26	J & R Marketing v. General Motors Eastern District of Michigan at Detroit
08a0229p.06 2008/06/27	Assoc Indust KY v. US Liab Ins Grp Western District of Kentucky at Louisville
08a0230p.06 2008/06/27	Alliance Community v. FCC Federal Communications Commission
08a0230p. 2008/06/27	Villages of Larchmnt v. FCC Federal Communications Commission
08a0230p.06 2008/06/27	Natl Assoc of Cntys v. FCC Federal Communications Commission
08a0230p.06 2008/06/27	NJ Pub Advocate v. FCC Federal Communications Commission
08a0230p.06 2008/06/27	National Assn Tele v. FCC Federal Communications Commission
08a0230p.06 2008/06/27	Greater Metro v. FCC Federal Communications Commission
08a0230p.06 2008/06/27	City of Tampa FL v. FCC Federal Communications Commission
08a0230p.06 2008/06/27	Natl Cbl Telecom v. FCC Federal Communications Commission
08a0230p.06 2008/06/27	Natl League Cities v. FCC Federal Communications Commission
08a0230p.06 2008/06/27	US Conf of Mayors v. FCC Federal Communications Commission
08a0230p.06 2008/06/27	Alliance Comm v. FCC Federal Communications Commission
08a0230p.06 2008/06/27	Fairfax Cty VA v. FCC Federal Communications Commission
08a0230p.06 2008/06/27	Arundel Cty MD v. FCC Federal Communications Commission
08a0231p.06 2008/06/27	USA v. Houston Eastern District of Tennessee at Knoxville
08a0232p.06 2008/06/27	Kirby v. St. Clair County Eastern District of Michigan at Detroit
08a0233p.06 2008/06/27	USA v. McConer Eastern District of Michigan at Detroit

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION OPINIONS

Opinion	Short Title/District
08a0359n.06	McKnight v. Gates Middle District of Tennessee at Nashville
08a0360n.06	Reynosa v. Schultz Western District of Michigan at Lansing
08a0361n.06	Squire v. Scher Southern District of Ohio at Cincinnati
08a0362n.06	Diepenhorst v. Battle Creek Western District of Michigan at Grand Rapids
08a0364n.06	Essex Ins Co v. Fidelity & Guaranty Eastern District of Michigan at Detroit
08a0365n.06	Saneh v. Mukasey Board of Immigration Appeals
08a0366n.06	USA v. Gravely Southern District of Ohio at Columbus
08a0363n.06	Lupo v. DaimlerChrysler Corp Eastern District of Michigan at Ann Arbor
08a0367n.06	Bilak-Thompson v. Dollar Tree Stores Eastern District of Michigan at Detroit
08a0368n.06	Pittman v. Franklin Western District of Tennessee at Memphis
08a0369n.06	Ellis v. Buzzi Unicem USA Eastern District of Tennessee of Chattanooga
08a0370n.06	Astec Inc v. Rouse Polymerics Eastern District of Tennessee of Chattanooga
08a0371n.06	Roberts v. Principi Eastern District of Tennessee at Greeneville
08a0372n.06	Kroger Company v. United Food & Commercial Worke Eastern District of Michigan at Flint
08a0373n.06	Edah v. Trident Seafoods Southern District of Ohio at Columbus
08a0374n.06	Mostoller v. BGSA LLC Eastern District of Tennessee at Knoxville
08a0375n.06	Margaret Kidd v. Commissioner of Social Securit Eastern District of Kentucky at London
08a0376n.06	Coleman-Bey v. Bouchard Western District of Michigan at Marquette