U.S. Sixth Circuit - The FindLaw 6th Circuit Court of Appeals Opinion Summaries Blog

November 2014 Archives

6th Cir. Affirms Shutting Down Defrauding Tax Prep Company

After the company Instant Tax Service was discovered engaging in a litany of deceptive and unlawful practices, the IRS had them shut down. ITS appealed, claiming it was a franchisor and not directly involved in the preparation of returns like its franchisees, and therefore couldn't be shut down.

In this unpublished, but nevertheless interesting, opinion from the Sixth Circuit, the court said that shutting ITS down was definitely within the district court's power.

Red Cross Volunteer Nuns Aren't 'Employees' Under Title VII: 6th Cir.

Title VII of the Civil Rights Act of 1964 prohibits, among other things, employment discrimination based on religion. That's great, but what about volunteers? Sister Michael Marie and Sister Mary Cabrini, two Catholic nuns, were Red Cross volunteers in Chillicothe, Ohio.

They were never employees, but they believe the positive reviews they received over the years should have entitled them to "promotions" that would have altered their roles and responsibilities. They never received those promotions -- because, they alleged, the Executive Director of the local chapter of the Red Cross was biased against them because they were "traditional" Catholics.

6th Cir. Allows Ohio Inmate Strip Search Suit to Proceed

In 2009, Tynisa Williams was arrested, strip-searched, and deloused (allegedly in front of two other inmates) before being put into jail in Cleveland and released later that day. Her crime? Driving with a suspended license. There was no individualized suspicion that she was carrying anything dangerous, nor that she had lice.

"Doesn't this all sound familiar?" you're saying, scratching your chin. Yes, in fact: The Supreme Court dealt with a similar situation in Florence v. Board of Chosen Freeholders of County of Burlington. In that case, Burlington County had a policy of strip-searching every person processed into county jail, regardless of the severity of their crime. The Supreme Court upheld this practice. So why did the Sixth Circuit allow Tynisa Williams' complaint to proceed?

Good Faith Exception Applies, Even Without Prob. Cause: Ohio Sup. Ct.

The facts of State v. Hoffman are pretty simple: Brandon Hoffman was identified by neighbors as the last person who'd interacted with Scott Holzhauer, who was found dead in his home. Hoffman had three active misdemeanor arrest warrants, so police executed the warrants. Arriving at Hoffman's house, they found a gun and two cell phones (one of which belonged to Holzhauer). They then got a search warrant, then arrested Hoffman.

The kicker here is that the three misdemeanor arrest warrants probably shouldn't have been issued in the first place. A deputy clerk admitted that there was no probable cause determination made; the warrants merely recited the statutory language, with no facts supporting the probable cause admission.

6th Cir. Is First Circuit to Find Gay Marriage Bans Constitutional

The Sixth Circuit is now the first federal circuit court of appeals to rule against same-sex marriage, likely setting the stage for what Justice Ginsburg predicted: The necessity for the Supreme Court to take up the issue instead of letting it fall into shadows, as it did last month when it declined to hear same-sex marriage cases from three other circuits.

By a 2-1 vote, a panel of the Sixth Circuit said that the Fourteenth Amendment to the Constitution does allow states to define marriage as being between a man and a woman.

Whirlpool Wins 'Smelly Washer' Suit in Ohio; Ill. Trial Is Next

After about 10 years and two trips to the U.S. Supreme Court, Whirlpool's lawyers can sleep a little better. Last week, a federal jury in Ohio rejected claims brought by consumers who bought its "Duet" washing machines between 2001 and 2008.

This litigation has been going on for years and threatened to further restrict access to class action litigation.