Decision on Challenge to Michigan Recusal Rules, Plus Trademark Infringement and Civil Rights Matters - U.S. Sixth Circuit
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Decision on Challenge to Michigan Recusal Rules, Plus Trademark Infringement and Civil Rights Matters

La Quinta Corp. v. Heartland Properties LLC, No. 08-6368, concerned a challenge to the district court's judgment in favor of plaintiff in an action for breach of a hotel franchise agreement and federal trademark infringement.  In affriming the district court's judgment, the court held that there was no abuse of discretion in denying defendant's belated discovery motion, and in the award of treble damages given the abundant evidence that defendant willfully infringed upon plaintiff's trademarks.  The court also held that the district court did not err in granting plaintiff's motion for summary judgment and denying defendant's motion for same with respect to the breack of contract claims. 

In Reed-Bey v. Pramstaller, No.08-1774, the Sixth Circuit faced a challenge to district court's dismissal of an inmate's section 1983 suit against Michigan prison officials claiming he was denied adequate medical care in violation of his Eight and Fourteenth Amendment rights.  In reversing the dismissal, the court held that the inmate exhausted his claim because the Michigan Department of Corrections opted to dismiss the grievances on the merits rather than invoke its procedural bar.

Fieger v. Corrigan, No. 08-1122 involved a suit brought by a trial attorney and politician, regarding an ongoing feud with several justices of the Michigan Supreme Court, seeking a declaration that the state's recusal rules deny him his constitutional right to a fair tribunal in which to be heard.  However, the case is dismissed as moot because this case substantially mirrors the claims of plaintiff's 2004 case, so too should the result.

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