Justia U.S. 6th Circuit Court of Appeals Opinion Summaries

Access to the Ambassador Bridge between Detroit and Windsor, Ontario necessitated traversing city streets. The state contracted with the Company, which owns the Bridge, to construct new approaches from interstate roads. The contract specified separate jobs for the state and the Company. In 2010, the state obtained a state court order, finding the Company in breach of contract and requiring specific performance. The Company sought an order to open ramps constructed by the state, asserting that this was necessary to complete its work. The court denied the motion and held Company officials in contempt. In a 2012 settlement, the court ordered the Company to relinquish its responsibilities to the state and establish a $16 million fund to ensure completion. Plaintiffs, trucking companies that use the bridge, sought an injunction requiring the state to immediately open the ramps. The district court dismissed claims under the dormant Commerce Clause, the motor carriers statute, 49 U.S.C. 14501(c), and the Surface Transportation Assistance Act, 49 U.S.C. 31114(a)(2). The Sixth Circuit affirmed. For purposes of the Commerce Clause and statutory claims, the state is acting in a proprietary capacity and, like the private company, is a market participant when it joins the bridge company in constructing ramps. View "Mason & Dixon Lines Inc. v. Steudle" on Justia Law

Defendant was convicted of the assault of another inmate. He retained trial counsel to pursue his appeal of right, but the attorney failed to timely file. He filed delayed application for leave to appeal in the Michigan Court of Appeals, which was denied for lack of merit. The Michigan Supreme Court denied appeal. Defendant pursued state collateral proceedings and filed a motion for relief in the trial court, alleging ineffective assistance for failing to timely pursue appeal. The trial court denied the motion, and the higher courts denied subsequent applications for leave to appeal the denial. The district court conditionally granted a habeas petition, finding that counsel was ineffective for failing to timely pursue appeal of right. The Sixth Circuit affirmed. When counsel’s constitutionally deficient performance deprives a defendant of an appeal that he otherwise would have taken, prejudice is presumed with no further showing. Appellate review of the denial of collateral relief is not a sufficient substitute for direct appeal; an applicant denied leave to appeal does not receive the benefit of oral argument, nor does the defendant have a right to appointed counsel on post-conviction review.

V&M filed suit against Centimark alleging breach of contract and negligence after metal roof sheeting panels being installed at its steelwork facility fell into an electrical substation, causing loss of power for more than 30 hours. Damages for repairs and lost profits were around $3 million The district court granted Centimark summary judgment, ruling that V&M failed to produce sufficient evidence of causation to sustain either legal claim. The Sixth Circuit reversed and remanded, holding that genuine issues of material fact exist.

The city accepted a proposal to develop city-owned property. The developer formed companies to develop and own the affordable housing portion of the project. The city gave the developer an option to purchase the property under certain conditions. The developer failed to meet a condition that it obtain a demolition permit by a specific date. The city terminated the agreement. The developer alleged violations of the Fair Housing Act, 42 U.S.C. 3601, and state laws, claiming that the city knew or should have known that the condition was impossible to meet and actually terminated the agreement because the project would accommodate handicapped tenants. The district court dismissed. The Sixth Circuit affirmed. The facts alleged do not plausibly support findings: that the city designed the agreement to fail by including a condition it should have known that plaintiffs, sophisticated developers, could not meet; that the city did not want to house the handicapped; or that termination caused handicapped individuals to suffer disproportionately more than others.

Petitioner, serving 387 months for drugs and weapons offenses, filed a pro se action he characterized as habeas corpus (28 U.S.C. 2241). The district court characterized the suit as a civil rights action and dismissed for failure to pay the filing fee. The petitioner has a long history of abusive litigation and may not proceed in forma pauperis, under the "three strikes" rule, 28 U.S.C. 1915(g). The Sixth Circuit affirmed. The district court properly characterized the claim, which stated that it was asserting a âcivil tort action for civil rightâs violation,â alleged violations of the First Amendment, and sought monetary damages. The district court effectively warned the petitioner about the consequences of recharacterization in a 2002 order, stating that he âshall not be permitted to file any further actions in forma pauperis without first obtaining leave."