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

The Memphis nightclub is located in a zoning district where adult entertainment has been prohibited since 1993. Although already allowed to present most forms of adult entertainment under a grandfather clause, the club desires to present adult entertainment in the form of compensated nude dancers and claims that an ordinance requiring a permit to present nude dancers is unconstitutional as an improper prior restraint and as vague. The club claims that a city official’s actions violated its procedural due process rights. Following a remand, the district court rejected its suit under 42 U.S.C. 1983. The Sixth Circuit affirmed, holding that the club had forfeited its prior restraint argument, had not established vagueness, and had not established that it was deprived of a protected property or liberty interest when its dance permit was revoked and not reissued. View "600 Marshall Entm't Concepts, LLC v. City of Memphis" on Justia Law

Remark produced a distinctive series of television commercials for radio stations known as the “remarkable mouth” or “hot lips” commercials. The U.S. Copyright Office issued a copyright for a version of this commercial in 1980. The original holder of the copyright assigned it to Remark, which registered it with the Copyright Office in 2002. WADL, a Detroit television station, broadcast two commercials that resemble the copyright. After the commercials aired, Remark sent a cease-and-desist letter to the producer, Adell. After some negotiation, the parties agreed that $50,000 would settle Remark’s claims. Remark drafted an agreement, and Adell produced a revised version. Remark’s counsel e-mailed Adell’s counsel saying that Remark agreed to the changes. Adell forwarded a final version. Remark signed and returned the originals, but Adell never signed the agreement. It instead retained new counsel and for the first time balked at the $50,000 figure, offering to settle for a more “reasonable” amount. Remark filed suit. The district court granted Remark summary judgment but denied its request for attorney’s fees. The Sixth Circuit affirmed. View "Remark, LLC v. Adell Broad. Corp." on Justia Law

In 2000 an “incident” occurred on the ice of a professional hockey game in Switzerland between Miller and McKim. McKim was injured. Swiss courts filed criminal charges against Miller. McKim’s insurer and hockey club filed suit against Miller, and two civil judgments were entered against Miller. Miller left Switzerland before the judgments were finalized and informed his hockey team and its insurer (Winterthur) that he no longer had the financial means to defend the litigation. In 2005, a document was submitted to Miller in Michigan from Winterthur that acknowledged its responsibility for the costs of criminal and civil judgments and proceedings pending in Zurich and previous attorneys’ fees. In 2010, McKim’s team and insurer submitted demands for payment to Miller from the Swiss judgment. Miller, claiming reliance, submitted the demands to Winterthur, which declined to pay the judgments in full. Miller brought suit in Michigan, seeking contractual damages and enforcement of the terms of the 2005 document. The district court granted Winterthur’s motion to dismiss for lack of personal jurisdiction. The Sixth Circuit affirmed. Miller had established a basis for personal jurisdiction under Michigan’s long-arm statute, but the requirements of constitutional due process were not met. View "Miller v. AXA Winterthur Ins. Co." on Justia Law

The “Hot News Babes” feature of Hustler magazine invites readers to nominate young, attractive female news reporters for a monthly prize. In 2003, Bosley, a 37-year-old news anchor, entered a “wet t-shirt” contest at a Florida bar and ultimately danced nude. Durocher, took pictures without Bosley’s knowledge and published them on lenshead.com. Durocher included a visual copyright notice and a general warning. A few months later, Bosley lost her job when the story was reported. To end the photographs’ dissemination, Bosley bought and registered the copyright. In 2004, Bosley was employed as a television reporter in another city. In 2005, a reader advised Hustler of the availability of the pictures online and of Bosley being the “HOTTEST.” Hustler published the Durocher nude photograph in 2006 with text describing Bosley. Bosley’s suit alleged direct copyright infringement, 17 U.S.C. 101; contributory infringement, 17 U.S.C. 101; vicarious infringement, 17 U.S.C. 106(1), (3), (5); violation of Ohio common law right of privacy; violation of the Ohio statutory right of publicity; and violation of the Ohio Deceptive Trade Practices Act. Only the direct infringement claim survived. The jury rejected a fair use defense, but found the violation not willful, and awarded $135,000 plus fees. The Sixth Circuit affirmed. View "Balsley v. LFP, Inc." on Justia Law

Plaintiff, an exotic dancer, challenged the nudity ordinances of Van Buren Township under 42 U.S.C. 1983. Plaintiff works for Garter Belt, an entity that operates a strip club and is currently enjoined from violating the Van Buren nudity ordinances, as a result of a prior suit, in which Garter Belt unsuccessfully challenged the ordinances. In light of the previous suit, the district court dismissed plaintiff's action on res judicata grounds, reasoning that her interests had been adequately represented by Garter Belt in the previous suit. The Sixth Circuit affirmed. For purposes of her dancing at the club operated by Garter Belt, plaintiff became bound by the injunction when she accepted her employment-like contractual arrangement with a corporation that was bound by a permanent injunction. If a party litigates against a corporation, and obtains injunctive relief, claim preclusion should protect the party against future litigation raising the same issue and seeking the same result.View "Ludwig v. Twp. of Van Buren" on Justia Law

Famed singer-songwriter Roger Miller assigned original and renewal copyrights to his songs to defendant in the 1960s. Defendant filed applications to register renewal copyrights for 1964 songs with the Copyright Office in 1992 and subsequently registered these copyrights. In 2004, plaintiff, a company formed by Miller's heirs, sued for copyright infringement. The district court held that defendant owned the renewal copyrights and held an implied, non-exclusive license to exploit the 1964 songs based on plaintiff's actions and inactions in accepting royalty payments. Defendant moved to amend the judgment, arguing that it owned the renewal copyrights because it had applied to register them prior to Miller's death. The district court refused to hear arguments on the issue. On remand, the district court concluded that defendant did not own the renewal copyrights because Miller had died prior to vesting of the renewal rights and assignees were not included in the list of statutory successors. The court awarded $903,349.17 in damages. The Sixth Circuit reversed, holding that under the Copyright Act, 17 U.S.C. 304(a)(2)(B)(i), the renewal copyright vested with Roger Miller, and thus with defendant as his assignee.

In 1986, the Association signed an agreement with Beulah Park governing racing operations; later, they amended to establish a regular process in which the Association periodically would grant or withhold consent to simulcast races to betting facilities outside of Ohio. In 1996, the Association executed a similar agreement with River Downs. Under the agreements, when Beulah Park and River Downs want to simulcast races to out-of-state betting facilities, they send a letter to the Association outlining the terms of the proposed simulcast and requesting authorization. After the Association withheld consent to 2006 requests, Beulah Park and River Downs filed a complaint with the Ohio Racing Commission. The Racing Commission ruled in favor of the race parks. The Association sued, arguing that the federal Interstate Horseracing Act, 15 U.S.C. 3004(a) preempted the Ohio law. The district court agreed. The Sixth Circuit affirmed, stating that "To respect the state law is to slight the federal one."