Federal Judiciary

2008/09/29

ROGERS, Circuit Judge. Plaintiff Candice Davis appeals the district court?s grant of summary judgment in favor of the defendant, Michigan Bell Telephone Company, in this FMLA action. The defendant terminated Davis from her job as a customer service representative in February of 2005 because of excessive unexcused absences. Davis had sought FMLA leave with respect to those absences, but her request was denied on the ground that she had not worked enough hours in the preceding twelve months to be eligible for FMLA benefits. After being fired, Davis brought this action against the defendant, alleging that the defendant had interfered with her rights under the FMLA, retaliated against her for exercising those rights, and failed to give proper notice of ineligibility as required by the FMLA. Finding that Davis was ineligible for FMLA benefits in 2005, and that Davis could not maintain a cause of action based on improper notice of ineligibility, the district court granted summary judgment in favor of the defendant.

On appeal, Davis argues that the district court erred in finding her ineligible for FMLA benefits because her eligibility from 2004 should have carried over into 2005. In the alternative, she argues that the defendant should be estopped from challenging her FMLA eligibility, and that she is entitled to recover because of the defendant?s failure to provide proper notice of ineligibility. Because these arguments are unavailing, * the district court judgment is affirmed.

2008/09/29

BOYCE F. MARTIN, JR., Circuit Judge. Marjorie Nixon appeals the district court?s dismissal pursuant to Rule 12(b)(6) of her claims for breach of fiduciary duty, breach of contract, and respondeat superior liability against Wilmington Trust. We AFFIRM.

2008/09/30

KAREN NELSON MOORE, Circuit Judge. Defendant-Appellant Jennifer Brunner, Secretary of State of Ohio (?the Secretary?), brings this emergency motion to stay or vacate the district court?s grant of a Temporary Restraining Order (?TRO?) restraining enforcement of Advisory 2008-24, which advised county boards of elections that they are not required to allow election observers during the 35-day in-person absentee voting period immediately preceding Election Day. The Secretary argues before this court that (1) the district court lacked jurisdiction to issue injunctive relief against state officials on the basis of state law, and (2) the district court abused its discretion in granting the TRO. Plaintiffs-Appellees, the Ohio Republican Party and Larry Wolpert, bring an emergency motion seeking an injunction restraining the Secretary from allowing simultaneous registration and absentee voting to the extent that ballots cast by newly registered voters are not physically segregated from other ballots. For the reasons stated below, we GRANT the Secretary?s emergency motion to stay the district court?s TRO and DENY the plaintiffs? emergency motion for an injunction.

2008/10/03

2008/10/03

2008/10/03

ROGERS, Circuit Judge. Defendant Consolidated Mortgage, Inc. appeals the district court?s order substituting Elam & Miller, P.S.C. as the plaintiff in this case and the district court?s order granting Elam & Miller?s motion for summary judgment. After reviewing the record, the parties? briefs, and the applicable law, this court affirms the district court?s decision for the reasons stated in Judge Coffman?s summary judgment opinion and order. Elam & Miller, P.S.C. v. National City Bank of Ky., No. 04-239-JBC, 2007 WL 2702332 (E.D. Ky. Sept. 12, 2007).

CLAY, Circuit Judge. Plaintiff-Appellant, David Cox, appeals from the district court?s grant of summary judgment in favor of Defendant-Appellee, Commissioner of Social Security. Cox filed the instant action, pursuant to 42 U.S.C. § 405(g), to obtain judicial review of the final decision of the Commissioner denying Cox?s application for Social Security disability insurance benefits. Because we conclude that there is substantial evidence to support the Commissioner?s decision, we 1 affirm the district court?s grant of summary judgment in favor of the Commissioner.

RONALD LEE GILMAN, Circuit Judge. Gerard John Chiusolo owns a horse farm in Paris, Kentucky. He filed a claim with One Beacon Insurance Company, the provider of coverage for property loss on the farm, after a fire destroyed one of the horse barns. Suspecting arson, One Beacon launched an investigation. It concluded that the fire had been started by Chiusolo himself. After refusing to cover the loss, One Beacon filed a declaratory-judgment action in federal court that sought a ruling regarding its coverage responsibilities. The district court granted summary judgment to One Beacon, holding that Chiusolo had (a) failed to return a proof-of-loss form within the time period required by the policy, and (b) made material misrepresentations on the policy application, thus barring coverage as a matter of law. For the reasons set forth below, we AFFIRM the judgment of the district court.

PER CURIAM. Following an eleven-car derailment, plaintiff railway sued the repair facility that serviced its railcar seven years prior to the accident. The district court granted summary judgment in favor of defendants because it concluded, inter alia, that plaintiffs could not establish that defendants? alleged negligence proximately caused the derailment. After reviewing the record, the parties? briefs, and the applicable law, we conclude that issuance of a panel opinion would not serve any jurisprudential purpose. Thus, we affirm the district court . . . .