Western Michigan Federal Courts
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“Ruff” Ruling for Defendant: Supreme Court Says Dog’s Alert to Drugs is Reliable Based on All of the Circumstances
February 25, 2013In Florida v. Harris, a recent case decided on February 19, 2013, the Supreme Court held that a dog's alert can be sufficient to establish probable cause if all of the facts surrounding a dog's alert, viewed through the lens of common sense, would make a reasonably prudent person think that a search would reveal contraband or evidence of a crime.
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Court Reaffirms that Motions to Dismiss Must Be Based on Information Expressly Included in the Complaint
February 14, 2013In Mahindra Forgings Ltd. v. Bentler Automotive Corp., Bentler moved to dismiss an amended complaint based on expiration of the statute of limitations. Bentler's argument was that because the complaint generally referenced e-mails exchanged between the parties, the substance of those e-mails became part of the complaint for purposes of deciding a motion to dismiss under Fed. R. Civ. P. 12(b)(6). Bentler asserted that those e-mails demonstrated that Mahindra's complaint was time-barred.
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Court Grants Summary Judgment for Non-Moving Party in Sales Representative Dispute
February 11, 2013When deciding whether to file a summary judgment motion, attorneys should be careful to consider the possibility that the court may choose to enter summary judgment in favor of the non-moving party. This is what recently occurred in Dietrich v. Bell Inc., Case No. 1:11-cv-1145.
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Deaf Lifeguard Might be Qualified to Notice Emergency Signs for Help
February 5, 2013Would you feel comfortable with your kids swimming in a pool with a deaf lifeguard on watch? Could a deaf lifeguard notice your distressed child's cry for help? While these questions pose some serious personal judgments that a parent must make, in Keith v. County of Oakland,, the Sixth Circuit, in a recent published opinion, held that a jury should decide whether the plaintiff, Nicholas Keith, a deaf individual, is otherwise qualified to be a lifeguard at Oakland County, Michigan's wave pool with or without an accommodation for his disability.
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Warrantless Entry Allowed In Response to 911 Call Where There is Evidence of Injury
January 16, 2013Have you ever wondered, as a parent, as a child, or perhaps as a college roommate, what the police can do when you call 911 on behalf of another? In Stricker v. Twp. of Cambridge, Case No. 11-1998 (6th Cir. Jan. 14, 2013), the Sixth Circuit published a decision clarifying that the police do not need a warrant to enter and search your home when responding to a 911 call on behalf of an injured person where there is evidence that someone may be hurt. Moreover, the police can enter not only to ensure the safety of the injured individual, but can also search the entire house for the cause of the medical emergency.
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Sixth Circuit Affirms Dismissal of “Reverse” Racial Discrimination Claim Against Cracker Barrel
January 14, 2013In Martinez v. Cracker Barrel Old Country Store Inc., Case No. 11-2189 (6th Cir. Jan. 10, 2013), in a published decision, the Sixth Circuit affirmed the dismissal of a "reverse" racial discrimination claim arising out of Cracker Barrel's termination of the plaintiff's position as a retail manager at a Flint, Michigan Cracker Barrel.
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