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CA US, LLC, fka Chrysler Group, LLC
Plaintiff-Appellee,

FRED MARTIN MOTOR COMPANY,
Intervenor Plaintiff-Appellee,
v.
SPITZER AUTOWORLD AKRON, LLC
Defendant-Appellant.
   No. 17-1161
Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 2:16-cv-11186—Sean F. Cox, District Judge.
Argued: November 30, 2017
Decided and Filed: April 4, 2018
Before: NORRIS, ROGERS, and BUSH, Circuit Judges.


_________________________
OPINION
_________________________

ROGERS, Circuit Judge. In a previous case involving these same parties, we held that certain provisions of Michigan and Nevada law were preempted by a federal statute, but we upheld—as unchallenged on appeal—the district court’s decision in that case that similar provisions of Ohio law were not so preempted. Spitzer Autoworld Akron, a party to the previous case, as a party on the appeal in the previous case, explicitly declined to argue preemption of the Ohio statute, but now asserts on appeal from a decision in a subsequent, independent proceeding that the Ohio statute is preempted, based on our analysis of Michigan and Nevada law in the previous case. While this procedural situation is somewhat unusual, it should come as no surprise that Spitzer cannot now make the argument that it so clearly gave up in earlier litigation with the same parties regarding the same facts. The district court accordingly was correct to rule that principles of collateral estoppel foreclose Spitzer’s argument.



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AMY JERRINE MISCHLER,
Plaintiff-Appellant,
v.
MATT BEVIN, in his official capacity as Governor of Kentucky; ANDY BESHEAR, in his official capacity as Attorney General; STITES & HARBISON, PLLC; HOWARD KEITH HALL; JULIE PAXTON; JOSEPH LAMBERT; TIMOTHY FEELEY; JOHN DAVID PRESTON; JANIE WELLS; LEWIS D. NICHOLLS; SUSAN HOWARD; DEBRA WILCOX-LEMASTER; KATHY LARDER; DEBORAH WEBB; SHEREENA HAMILTONSPURLOCKE; LATOYA JONES; WILMA TAYLOR; MIKE HARTLAGE; GWEN HATFIELD; JEFFREY PRATHER; CRAIG NEWBORN; MONA WOMACK; DEBBIE DILE; ZACK OUSLEY; EMILY GRAY-JONES; DR. SALLY BRENZEL; SELENA WOODY STEVENS,
Defendants-Appellees
   No. 18-5249
Appeal from the United States District Court
for the Eastern District of Kentucky at Frankfort.
No. 3:17-cv-00066—Gregory F. Van Tatenhove, District Judge.
Decided and Filed: April 4, 2018
Before: GUY, DAUGHTREY, and SUTTON, Circuit Judges.


_________________________
ORDER
_________________________

PER CURIAM. We must determine whether this appeal is properly before this court.

Amy Jerrine Mischler filed a civil rights action against multiple government officials. She later asked the district court judge to recuse himself from the case under 28 U.S.C. § 144. On March 2, 2018, the district court entered an order denying Mischler’s motion for recusal. On March 7, 2018, Mischler appealed the order.

This court lacks jurisdiction over the appeal. The district court has not entered a final appealable order terminating all of the issues presented in the litigation. And an order denying recusal is not immediately appealable under the collateral order doctrine. See Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368, 373–75 (1981).



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UNITED STATES OF AMERICA,
Plaintiff-Appellant,
v.
WILLIAM FLOYD PERKINS,
Defendant-Appellee.
   No. 17-5908
Appeal from the United States District Court
for the Eastern District of Tennessee at Winchester.
No. 4:16-cr-00020-1—Harry S. Mattice, Jr., District Judge.
Argued: March 14, 2018
Decided and Filed: April 4, 2018
Before: BOGGS, BATCHELDER, and THAPAR, Circuit Judges.


_________________________
OPINION
_________________________

THAPAR, Circuit Judge. When the triggering event for a warrant did not occur, the government searched the defendant’s house anyway. After the district court granted the defendant’s motion to suppress, the government appealed. We affirm.