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Federal Judiciary

: Sixth Circuit Cases

6th Cir. Published Decisions for Week of Jan. 21, 2008

By Michael Stevens

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Published Decisions

Opinion	Short Title/District
08a0037p.06	USA v. Grenier Northern District of Ohio at Akron CRIMINAL CASE
08a0038p.06	Brooks v. Bagley Northern District of Ohio at Cleveland CRIMINAL CASE
08a0039p.06	Joliff v. NLRB National Labor Relations Board BOGGS, Chief Judge. John Jolliff and Steven Daniels petition for review of the Order of the National Labor Relations Board (?Board?) denying their claims arising under § 8(a)(1) of the National Labor Relations Act (?Act?), codified at 29 U.S.C. § 158(a)(1). Administrative Law Judge (?ALJ?) William G. Kocol originally found in the employees? favor, holding that the employees had been terminated for engaging in an activity?writing a letter complaining about working conditions?that was protected under the Act. On review, the Board held that the employees? activities were stripped of the Act?s protection because the letter contained a false statement made with actual malice. Jolliff and Daniels now petition for review. We grant their petition on the basis that the Board?s decision was not supported by substantial evidence and remand the case to the Board.
08a0040p.06	USA v. Conway Southern District of Ohio at Columbus CRIMINAL LAW
08a0041p.06	Bennett v. Kemper Natl Serv Inc Eastern District of Michigan at Detroit KAREN NELSON MOORE, Circuit Judge. Plaintiff-Appellant Adrienne Bennett (?Bennett?) filed an action under the Employee Retirement Income Security Act (?ERISA?), 29 U.S.C. § 1132, against Kemper National Services, Inc. (?Kemper?), Lumbermens Mutual Casualty Company (?Lumbermens?), Broadspire Services, Inc. (?Broadspire?), and Platinum Equity, L.L.C. (?Platinum?) (collectively ?defendants?) arguing that the decision to deny her long-termdisability (?LTD?) benefits was arbitrary or capricious. The district court granted a judgment in favor of the defendants, and Bennett appealed. Because we conclude that the decision to deny benefits was not the result of a deliberate and principled reasoning process supported by substantial evidence, we VACATE the judgment of the district court and REMAND with instructions to remand to Broadspire for a full and fair review consistent with this opinion.
08a0042p.06	USA v. Vicol Western District of Michigan at Grand Rapids CRIMINAL
08a0043p.06	USA v. Coker Middle District of Tennessee at Nashville CRIMINAL
08a0044p.06	Ross v. Petro Northern District of Ohio at Akron CRIMINAL
08a0045p.06	Fautenberry v. Mitchell Southern District of Ohio at Cincinnati CRIMINAL
08a0046p.06	USA v. Madden Northern District of Ohio at Cleveland CRIMINAL
08a0046p.06	USA v. Brown Northern District of Ohio at Cleveland CRIMINAL

Non-published decisions this week

Opinion	Short Title/District
08a0067n.06	Wysong v. City of Heath Southern District of Ohio at Columbus
08a0068n.06	USA v. Cannady Eastern District of Kentucky at Ashland
08a0069n.06	Dorrough v. Tarpy Eastern District of Tennessee at Knoxville
08a0070n.06	USA v. Danou Eastern District of Michigan at Detroit
08a0071n.06	USA v. Harris Western District of Tennessee at Jackson
08a0072n.06	USA v. Ely Western District of Michigan at Grand Rapids
08a0073n.06	USA v. Wells Eastern District of Michigan at Detroit
08a0073n.06	USA v. Wells Eastern District of Michigan at Detroit
08a0074n.06	Garcia v. Dykstra Western District of Michigan at Grand Rapids
08a0075n.06	Overstreet v. Mack Indust Northern District of Ohio at Cleveland
08a0076n.06	Seck v. Mukasey Immigration & Naturalization Service
08a0077n.06	JACO Airfield Constr v. Natl Trust Ins Co Western District of Tennessee at Memphis
08a0078n.06	USA v. Jones Middle District of Tennessee at Nashville
08a0079n.06	Bohanan v. Bridgestone/Fireston Middle District of Tennessee at Nashville