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16-1684
BEATRICE BOLER; EDWIN ANDERSON; ALLINA ANDERSON; EPCO SALES, LLC,
Plaintiffs-Appellants,
v.
DARNELL EARLEY; GERALD AMBROSE; DAYNE WALLING; CITY OF FLINT; STATE OF MICHIGAN; MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY; MICHIGAN DEPARTMENT OF HEALTH AND HUMAN SERVICES; RICHARD DALE SNYDER,
Defendants-Appellees.

17-1144
MELISSA MAYS; MICHAEL MAYS; JACQUELINE PEMBERTON; KEITH JOHN PEMBERTON; ELNORA CARTHAN; RHONDA KELSO,
Plaintiffs-Appellants,
v.
RICK SNYDER; STATE OF MICHIGAN; DANIEL WYANT; LIANE SHEKTER SMITH; ADAM ROSENTHAL; STEPHEN BUSCH; PATRICK COOK; MICHAEL PRYSBY; BRADLEY WURFEL; DARNELL EARLEY; GERALD AMBROSE; DAYNE WALLING; HOWARD CROFT; MICHAEL GLASGOW; DAUGHERTY JOHNSON; CITY OF FLINT; NICK LYON; ANDY DILLON; EDWARD KURTZ; JEFF WRIGHT,
Defendants-Appellees.
   Nos. 16-1684/17-1144
Appeal from the United States District Court
for the Eastern District of Michigan at Ann Arbor.
Nos. 5:16-cv-10323; 5:15-cv-14002—John Corbett O’Meara, District Judge.
Argued: June 15, 2017
Decided and Filed: July 28, 2017
Before: COLE, Chief Judge; STRANCH and DONALD, Circuit Judges.


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OPINION
_________________________

JANE B. STRANCH, Circuit Judge. These two cases arise from the water contamination crisis in Flint, Michigan. Plaintiffs, residents of Flint affected by the contaminated city water, bring suit against various state and local officials and entities, alleging violation of their constitutional rights, pursuant to 42 U.S.C. § 1983, along with other claims. In Boler, the district court determined that the § 1983 claims were preempted by the Safe Drinking Water Act (SDWA) and dismissed the case for lack of subject matter jurisdiction. Relying on its preemption analysis in Boler, the court dismissed the Mays case. The cases have been consolidated on appeal. For the reasons explained below, we REVERSE the judgment of the district court and REMAND for further proceedings.



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ELIZABETH A. OSBORN (16-2221 & 16-6225); LINDA G. HOLT, JUDITH E. PREWITT, and CYNTHIA L. ROEDER (16-2221/6225/6226/6227),
Plaintiffs-Appellees,
v.
JOHN M. GRIFFIN, ESTATE OF DENNIS B. GRIFFIN, and DENNIS B. GRIFFIN REVOCABLE TRUST - 2012 (16- 6221 & 16-6226); MARTOM PROPERTIES, LLC (16-6225 & 16-6227),
Defendants-Appellants.
   Nos. 16-6221/6225/6226/6227
Appeal from the United States District Court
for the Eastern District of Kentucky at Covington.
Nos. 2:11-cv-00089; 2:13-cv-00032—William O. Bertelsman, District Judge.
Argued: April 27, 2017
Decided and Filed: July 28, 2017
Before: MERRITT, BATCHELDER, and CLAY, Circuit Judges.


_________________________
OPINION
_________________________

CLAY, Circuit Judge. Defendants John M. Griffin, the Estate of Dennis B. Griffin, the Dennis B. Griffin Revocable Trust, and Martom Properties, LLC (“Defendants”), appeal from the judgment entered by the district court on April 26, 2016, requiring Defendants to pay roughly $584 million in wrongful profits disgorgement and prejudgment interest to Plaintiffs Elizabeth A. Osborn, Linda G. Holt, Judith E. Prewitt, and Cynthia L. Roeder (“Plaintiffs”). Plaintiffs, four sisters, essentially allege that Defendants, two of their brothers and a related entity called Martom Properties, cheated them out of stock and real property related to the family’s business that they should have inherited under the terms of their parents’ estate plans. The district court agreed with Plaintiffs after a bench trial, finding that Defendants’ conduct in managing the family business and their parents’ estates and trusts violated their fiduciary duties to Plaintiffs under Kentucky law. Defendants appeal, raising a litany of challenges to the district court’s jurisdiction, legal conclusions, remedy, and decision to conduct a bench trial. The district court exercised subject matter jurisdiction over Plaintiffs’ state law claims pursuant to 28 U.S.C. § 1367, and we have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291. For the reasons set forth below, we AFFIRM the district court’s judgment.