Western Michigan Federal Courts
Posts Categorized Substantive Legal Areas
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No Warrant Exception For Slow Pursuit into Home of a $14.99 Phone Charger Robber
May 13, 2013Two police officers are being sued because they entered Charles Smith's home after he stole a $14.99 phone charger from Walgreens. Perhaps the reason for publishing the opinion, the Sixth Circuit clarified that an exception to the warrant requirement does not exist when the police track down a suspect for a minor crime.
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No Duty to Indemnify Claims Barred by Statute of Limitations
March 11, 2013In Big Dutchman Inc. v. Midwest Livestock Systems Inc., Case No. 1:12-cv-288, the court addressed whether a settlement agreement required indemnification of claims that were barred by the statute of limitations.
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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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Court Grants Summary Judgment Against Coca-Cola in Breach of Collective Bargaining Agreement Claim by United Steel Workers
November 28, 2012In Local Union 2-2000 United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied-Industrial, Chemical and Service Workers International Union v. Coca-Cola Refreshments U.S.A. Inc., the Honorable Janet T. Neff granted summary judgment in favor of the United Steel Workers against Coca-Cola on a breach of contract claim concerning wage increases under the parties' collective bargaining agreement.
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Sixth Circuit Strikes Down Michigan Affirmative Ban As Unconstitutional
November 19, 2012In Coalition to Defend Affirmative Action, Integration and Immigrant Rights and Fight for Equality By Any Means Necessary v Regents of the University of Michigan (6th. Cir. Nov. 16, 2012), the United States Court of Appeals for the Sixth Circuit, in an en banc decision decided on an 8-7 basis, held that the provision in Michigan's Constitution prohibiting public colleges and universities from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin was unconstitutional.
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