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

The False Claims Act imposes civil liability for “knowingly present[ing], or caus[ing] to be presented, a false or fraudulent claim [to the government] for payment or approval,” 31 U.S.C. 3729(a)(1)(A). Individuals with knowledge of false claims may bring private qui tam lawsuits, on behalf of the government. The Act covers claims resulting from a violation of the Anti-Kickback Statute, 42 U.S.C. 1320a-7b(g), which prohibits medical providers from making referrals “in return for” “remuneration.”Oaklawn Hospital is in Marshall, Michigan, which had two ophthalmologists. Oaklawn extended one of those doctors (Martin) a tentative offer to work at the hospital after hearing that the other doctor (Hathaway) planned to move his surgeries elsewhere. Hathaway told the hospital’s CEO that he wanted to continue working with Oaklawn and that Oaklawn hiring Martin would be the “death knell” of his practice. Oaklawn’s Board ultimately did not hire Martin.Martin filed a qui tam action, alleging an illegal fraudulent scheme under the Anti-Kickback Statute and that claims for Medicare and Medicaid reimbursement resulting from the kickbacks violated the False Claims Act. The Sixth Circuit affirmed the dismissal of the suit, which essentially argued that Oaklawn’s rejection of Martin’s employment in return for Hathaway’s commitment to continue sending surgery referrals violated the Anti-Kickback Statute. The Martins have not plausibly alleged causation; the alleged scheme did not change anything. When Oaklawn decided not to establish an internal ophthalmology line, it simply left things where they were. View "Martin v. Hathaway" on Justia Law

A man walked into Walgreens wearing clothes with white stains, placed a pack of gum on the counter, asked for cigarettes, then pulled out an apparent handgun. The man fled with the money and the cigarettes, leaving the gum. Police found Jacobs’s fingerprint on the gum and got an arrest warrant. Jacobs learned of the warrant and voluntarily went to the police station. Jacobs met with Detective Agee, who read him his Miranda rights. Showing Jacobs pictures from the Walgreens robbery and other robberies, Agee noted that the stains on the robber’s clothes resembled stains on Jacobs’s jacket. Jacobs denied involvement in the robberies. Agee highlighted the strength of the fingerprint evidence and said that he would get a warrant to search Jacobs’s dad’s house, where Jacobs was living, and Jacobs’s car. Agee said that Jacobs would likely face a severe sentence but things might be different if Jacobs changed his story. Jacobs then said: “The weapons—them is gone.” Agee gave Jacobs a phone to make calls and offered food and drink. After a break, Jacobs said he “f—ed up bad” because he was “broke” and needed to pay child support. He made statements about the gun and helped police retrieve the clothes from his girlfriend’s house. The interview lasted less than two hours.The district court granted Jacobs’s suppression motion, concluding that Agee used impermissibly coercive tactics. On interlocutory appeal, the Sixth Circuit reversed. Jacobs’s statements were voluntary. View "United States v. Jacobs" on Justia Law

Ward twice received medical treatment at Stonecrest after signing agreements, stating that Ward was responsible for charges not covered by insurance and that Stonecrest may “utilize the services of a third party" as an extended business office (EBO) for billing and account servicing, and that while the account is being serviced by the EBO it is not considered delinquent, past due or in default. Stonecrest would “determine the account to be delinquent, past due, and in default” after its return from the EBO and the account could be referred to a collection agency. After Ward did not pay bills from Stonecrest, Ward’s accounts were referred to a third party, NPAS, which mailed Ward statements and left him messages. NPAS identified itself as “a company that is managing your account." Ward contacted a law firm, which erroneously sent a cease-and-desist letter to the wrong company.Ward sued under the Fair Debt Collection Practices Act (FDCPA), alleging NPAS had not disclosed its identity as a debt collector, 15 U.S.C. 1692d(6); used a name other than its “true name” (NPAS instead of NPAS, Inc.); and called him after he attempted to send a cease-and-desist letter. The court held that NPAS did not qualify as a “debt collector” under the FDCPA. The Third Circuit found that Ward did not have Article III standing but remanded. On remand, Ward amended his complaint and submitted documents to show he had suffered concrete harm. The Third Circuit affirmed that those changes were sufficient to demonstrate Ward’s standing but that NPAS is not a debt collector. View "sWard v. NPAS, Inc." on Justia Law

Kennedy was charged with conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine, fentanyl, heroin, and crack cocaine, 21 U.S.C. 846, 841, and distribution of methamphetamine, section 841. He pled guilty to Count 1 and stipulated that he “was involved in a drug trafficking conspiracy that distributed 50 grams or more of actual methamphetamine, as well as heroin, fentanyl, and crack cocaine.” He “frequently used cellular telephones and various social media accounts, including Facebook, to coordinate with his co-conspirators and to set up various drug deals.” He acknowledged sales of “approximately 99 grams of actual methamphetamine” on November 26, 2019, and of “approximately 270 grams of actual methamphetamine” on December 10.Kennedy’s PSR calculated a base offense level of 32 based on 150-500 grams of at least 80% pure methamphetamine, added two levels under USSG 2D1.1(b)(1) for firearm possession, and deducted three levels for acceptance of responsibility. The court rejected a four-level leadership enhancement because the operation was “decentralized in nature.” With a Guideline range of 168-210 months, the court imposed a 210-month sentence. The Sixth Circuit affirmed, rejecting arguments that the firearm enhancement was improperly applied; the district court failed to honor the read-and-discuss requirement under Federal Rule of Criminal Procedure 32(i); and the Guidelines’ harsher treatment of pure methamphetamine was unfair. View "United States v. Kennedy" on Justia Law

Robinson pleaded guilty to possessing a firearm as a felon and possessing drugs with the intent to distribute them. During his supervised release term, Robinson was stopped, purportedly for a tinted-window infraction. The officer gave Robinson a warning for that violation, then asked for consent to search the car, allegedly stating that refusal to consent might violate the conditions of Robinson's supervised release. Robinson acknowledged having a gun. The officer searched the car and found a loaded handgun, marijuana, and cocaine. Robinson was not indicted.In proceedings to revoke Robinson’s supervised release, Robinson moved to suppress the evidence. The government conceded a Fourth Amendment violation. The court denied the motion. Robinson separately unsuccessfully moved for a jury trial on the supervised release violation. The court revoked Robinson’s supervised release and sentenced him to another 28 months.The Sixth Circuit affirmed. The exclusionary rule does not bar illegally obtained evidence from a supervised release hearing. Defendants do not have a right to a jury at supervised-release hearings. While the Supreme Court recently found that the jury-trial guarantee applies to a unique provision—18 U.S.C. 3583(k)—that imposed a minimum 5-year prison term on a defendant who committed specified federal crimes while on supervised release, that decision did not render unconstitutional 18 U.S.C. 3583(g), which requires a court to impose a prison term of unspecified length if a defendant has engaged in certain conduct (such as possessing a gun) while on supervised release. View "United States v. Robinson" on Justia Law

A 2008 Michigan initiative decriminalized marijuana for medical purposes; a 2016 law afforded legal status to medical marijuana dispensaries. In Detroit, the Buildings, Safety Engineering, and Environmental Department (BSEED) screened applications for such facilities. The code prohibits locating such a facility in a drug-free zone–an area “within 1,000 radial feet of the zoning lot” containing any one of several "sensitive places," including a school.Genie applied to run a medical marijuana distribution facility on Mack Avenue in Detroit. BSEED denied the application at the screening stage because the proposed site was in a drug-free zone based on a lot (in the neighboring community of Grosse Point Park) on which St. Clare School sits. Genie unsuccessfully challenged the determination through state administrative and judicial channels. Detroit deemed the St. Clare’s “zoning lot” to include land where the parish church sits (the church and school have separate lots of record), all of which is listed under a single tax parcel number.Genie sued in federal court, arguing that Detroit erred in measuring the distance between the proposed Genie site and St. Clare’s while approving other sites in violation of the equal protection and due process guarantees. The Sixth Circuit affirmed summary judgment in favor of Detroit. Genie had no property interest in its proposed facility. Detroit applied the same method of measurement to each comparable applicant. Although Genie cited two applications that were approved, many applications were rejected on that basis. View "Green Genie, Inc. v. City of Detroit" on Justia Law

In 2019, Morgan began employment as Disciplinary Counsel for the Board of Professional Responsibility of the Supreme Court of Tennessee. During a disciplinary proceeding, Manookian, whose law license had been suspended, moved to disqualify Morgan as the Board’s counsel, claiming that Morgan was “an anti-Muslim bigot.” Manookian’s filing attached tweets posted by Morgan from 2015-2016 that allegedly demonstrated Morgan’s bias toward Muslims. Manookian is not Muslim but claimed that his wife was Muslim and that his children were being raised in a Muslim household. Morgan responded that the tweets were political in nature and related to the 2015–2016 presidential campaign; he disavowed any knowledge of the religious faith and practices of Manookian’s family. The Board moved for Morgan to withdraw as Board counsel in the appeal, which the court allowed. A week later, Garrett, the Board’s Chief Disciplinary Counsel, told Morgan that his employment would be terminated. Several months later, Garrett notified Morgan that the Board had opened a disciplinary file against him. The matter was later dismissed.The Sixth Circuit affirmed the dismissal of Morgan’s 42 U.S.C. 1983 claims against the Board for lack of subject-matter jurisdiction based on Eleventh Amendment sovereign immunity but reversed the dismissal of the claim for damages against Garrett based on absolute quasi-judicial immunity. Extending judicial immunity here would extend its reach to areas previously denied— administrative acts like hiring and firing employees. View "Morgan v. Board of Professional Responsibility of the Supreme Court of Tennessee" on Justia Law

Harris went to the store, argued with a clerk, left the store, and entered the laundromat next door where his friend, Henderson, worked. Harris asserts that while he was between the buildings, the clerk came out, pointed a gun, and taunted him with racial slurs. Following Harris’s 911 call, four officers arrived. As shown on bodycams, they expressed disbelief in Harris’s report. The store clerk denied having a gun. The store had at least three surveillance cameras but the officers watched footage from only the front door, although Harris had reported that the incident occurred near the back door. Harris wanted to move forward with his report, believing the footage would corroborate his account. The officers indicated that the video revealed Harris had lied and arrested Harris. No officer took Henderson’s statement. Detective Busch reviewed the police report and passed it to the prosecutor for charging.Harris spent 18 days in jail before being released on bond. Weeks later, the state dropped Harris’s false felony report charge; the store clerks failed to appear. Harris sued the City of Saginaw, the officers, and Busch. The Sixth Circuit affirmed the denial of qualified immunity summary judgment to the officers, the grant of qualified immunity to Busch, and the dismissal of Harris’s failure-to-train and failure-to-supervise claims against the city. There is a genuine dispute of material fact regarding whether the officers arrested Harris without probable cause. View "Harris v. City of Saginaw, Michigan" on Justia Law

M.Q., a student attending public school in Knox County, Tennessee, was diagnosed with autism. M.Q. is largely nonverbal and has developmental delays in communication skills, social/emotional behavior, and pre-vocational skills. A suit under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400, Section 504 of the Rehabilitation Act, 29 U.S.C. 794; and Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101, alleged that M.Q. was improperly excluded from the general education classroom setting and placed him in a self-contained classroom for students with disabilities for nearly all his kindergarten academic instruction.The district court held that this placement violated the IDEA but rejected claims that also it also violated Section 504 and the ADA. The Sixth Circuit affirmed. The district court correctly found that the district complied with the statutory requirements with respect to including a general education teacher on M.Q.’s individual education plan (IEP) team— albeit under their most literal interpretation. The IEP cannot stand because it placed M.Q. in a more restrictive educational setting than his disability required. View "Knox County, Tennessee v. M.Q." on Justia Law

Following the Flint Water Crisis, thousands of cases were brought for the various harms minors, adults, property owners, and business owners endured as a result of lead-contaminated water. Putative class action lawsuits and individual lawsuits were consolidated in the Eastern District of Michigan, where Co-Lead Class Counsel and Co-Liaison Counsel were appointed to represent the putative class and individual plaintiffs. After years of negotiation, Co-Lead Class Counsel and Co-Liaison Counsel, together with the Settling Defendants, reached a record-breaking settlement. The court approved the settlement and awarded attorneys’ fees and reimbursement for expenses. Three Objector groups appealed that award.The Sixth Circuit affirmed. The Objectors are not entitled to detailed discovery of billing and cost records; assertions that those records would have shown excessive billing or revealed the inclusion of time not performed for the common benefit are entirely speculative. The Objectors lack standing to appeal the structure of the fee award; they would fare no better with or without the Common Benefit Assessments applicable to their claims. Were they to have standing, they did not demonstrate that the court abused its discretion in awarding Common Benefit Assessments, particularly when those assessments achieve parity among settlement beneficiaries and are reasonable under the circumstance. The court upheld an award of $500 for bone scans. View "Waid v. Snyder" on Justia Law