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Federal Judiciary

: Sixth Circuit Cases

Dec. 8-12, 2008: US 6th Circuit Court of Appeals Decisions

By Michael Stevens

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PUBLISHED OPINIONS

Opinion	Short Title/District
08a0440p.06	Owens v. Guida Western District of Tennessee at Memphis
08a0441p.06	USA v. Hall Eastern District of Tennessee at Knoxville
08a0441p.06	USA v. Reeder Eastern District of Tennessee at Knoxville
08a0442p.06	Intermodal Technologies, Incor v. Mary Peters Eastern District of Michigan at Bay City SUTTON, Circuit Judge. In this appeal, InterModal claims that the National Highway Traffic Safety Administration (NHTSA) acted arbitrarily and capriciously in denying its application for a temporary exemption from a tractor-trailer safety standard. Because NHTSA acted within its discretion in interpreting and applying its own regulation, we affirm.
08a0443p.06	JGR, Inc. v. Thomasville Northern District of Ohio at Cleveland BOYCE F. MARTIN, JR., Circuit Judge. In this contract dispute between JGR, Inc., which operated a furniture store, and Thomasville Furniture Industries, Inc., a furniture manufacturer, Thomasville asks us to vacate a 2006 jury award to JGR of $3.3 million for lost profits and $3.53 million for lost opportunity costs. JGR asks us to affirm the judgment and to add to it an amount equal to interest that JGR owes Thomasville on an unpaid 1999 judgment. For the reasons discussed below, we hold that JGR waived any right to pursue lost profit damages at the 2006 trial because it failed to appeal the lost profits award of zero dollars from the 2002 trial. Accordingly, we VACATE the district court?s judgment entering the jury award, and REMAND for a new trial for loss of business value damages. I.
08a0443p.06	JGR, Inc. v. Thomasville Northern District of Ohio at Cleveland

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FULL-TEXT PUBLICATION OPINIONS

Opinion	Short Title/District
06b0019n.06	Pinnacle Technology v. Spencer Southern District of Ohio at Columbus
08a0747n.06	Crosby v. Pickaway Cnty Gen Southern District of Ohio at Columbus
08a0748n.06	Mardusha v. Mukasey Board of Immigration Appeals
08a0749n.06	Aureus Holdings, Limited v. Detroit City Eastern District of Michigan at Detroit
08a0750n.06	Alhaddad v. Mukasey Board of Immigration Appeals
08a0751n.06	USA v. Johnson Southern District of Ohio at Cincinnati
08a0752n.06	Tommy Dille v. LVI Environmental Services, Inc Northern District of Ohio at Cleveland
08a0753n.06	Gjeluci v. Mukasey Board of Immigration Appeals
08a0754n.06	Donald Trout v. Aerospace Testing Alliance Eastern District of Tennessee at Winchester
08a0755n.06	Lori Shank v. Mike Johanns Northern District of Ohio at Toledo
08a0756n.06	Elizabeth Powell v. Wal-Mart Stores Inc Northern District of Ohio at Cleveland
08a0756n.06	Elizabeth Powell v. Wal-Mart Stores, Inc. Northern District of Ohio at Cleveland
08a0757n.06	USA v. Hickman Eastern District of Tennessee at Knoxville