CLICK HERE FOR FULL TEXT
DANIEL P. SOEHNLEN; BILL REEVES; SUPERIOR DAIRY, INC.,
Plaintiffs-Appellants,
v.
FLEET OWNERS INSURANCE FUND; ROBERT KAVALEC; CHARLIE ALFERIO; VICTOR COLLOVA,
Defendants-Appellees.
   No. 16-3124
Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 1:15-cv-00445—Donald C. Nugent, District Judge.
Argued: October 18, 2016
Decided and Filed: December 21, 2016
Before: KEITH, BATCHELDER, and CLAY, Circuit Judges.


_________________________
OPINION
_________________________

CLAY, Circuit Judge. Plaintiffs Daniel Soehnlen, Bill Reeves, and Superior Dairy, Inc. filed suit alleging that Defendants Fleet Owners Insurance Fund, Robert Kavalec, Charlie Alferio and Victor Collova, breached a range of obligations under the Employee Retirement Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001 et seq. (1974), the Patient Protection and Affordable Care Act of 2010 (“ACA”), 26 U.S.C. § 5000A (Pub. L. No. 111-148, as modified by the subsequently enacted Health Care and Education Reconciliation Act, Pub. L. No. 111-152 (2010)), and § 302 of the Labor Management Relations Act (“Taft-Hartley Act”), 29 U.S.C. § 186 (1988). Plaintiffs also brought breach of contract claims. The district court dismissed Plaintiffs’ complaint for failure to state a claim and for lack of standing. For the reasons that follow, we AFFIRM the district court’s judgment.



CLICK HERE FOR FULL TEXT
INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA,
Petitioner (15-2305),

INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, LOCAL 1700,
Petitioner/Cross-Respondent (15-2305/2478),
v.
NATIONAL LABOR RELATIONS BOARD,
Respondent/Cross-Petitioner (15-2305/2478).
   Nos. 15-2305/2478
On Petition for Review and Cross-Application for Enforcement
of an Order of the National Labor Relations Board.
Nos. 07-CA-081195; 07-CB-082391.
Argued: September 28, 2016
Decided and Filed: December 21, 2016
Before: GILMAN, GIBBONS, and STRANCH; Circuit Judges.


_________________________
OPINION
_________________________

JULIA SMITH GIBBONS, Circuit Judge. United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1700 (Local 1700) was charged with violating its duty of fair representation in processing the grievance of Aretha Powell, a Local 1700 member, who was terminated from her position as an automotive plant janitor after threatening a fellow employee. The charge stemmed from the allegations that Margaret Faircloth, Powell’s union steward, had submitted a false statement against Powell and was subsequently involved in Powell’s grievance process. After an Administrative Law Judge dismissed the charge, the National Labor Relations Board (the Board) reversed, finding that Local 1700 had violated its duty of fair representation to Powell by acting arbitrarily or in bad faith. The Board emphasized that it was relying on three facts, taken together, to support its finding: (1) Faircloth had submitted a statement against Powell that was partly false; (2) Faircloth had represented Powell in the first stage of the grievance process without disclosing the fact that she had submitted a statement; and (3) Powell was unaware of Faircloth’s statement throughout the grievance process. Because we conclude that the Board’s finding regarding the falsity of Faircloth’s statement is not supported by substantial evidence, and that there is an insufficient basis to find that Local 1700 breached its duty of fair representation, we grant the petition for review, deny the cross-application for enforcement, and vacate the portion of the Board’s decision addressing the breach of the duty of fair representation.



CLICK HERE FOR FULL TEXT
In re: ROBERT F. HADLEY, JR.,
Debtor.
__________________________________________

DOUGLAS A. DYMARKOWSKI, Trustee,
Plaintiff-Appellee,
v.
BARRY E. SAVAGE,
Defendant-Appellant.
   No. 16-8010
Appeal from the United States Bankruptcy Court
for the Northern District of Ohio at Toledo.
No. 12-33850—John P. Gustafson, Judge.
Decided and Filed: December 21, 2016
Before: DELK, PRESTON, and WISE, Bankruptcy Appellate Panel Judges


_________________________
OPINION
_________________________

PAULETTE J. DELK, Bankruptcy Appellate Panel Judge. In this case, the Chapter 7 trustee filed an adversary proceeding to avoid and recover preferential or fraudulent transfers from Debtor’s business attorney, Appellant herein. The bankruptcy judge granted the trustee’s motion for partial summary judgment, finding that two preferential transfers occurred just six days prior to bankruptcy, and awarded the trustee the value of the transferred property pursuant to 11 U.S.C. § 550(a). A separate hearing was subsequently held to determine the value of the property transferred. The transferee attorney appeals the bankruptcy court’s order granting partial summary judgment, the order determining the value of the property transferred, and the order denying his motion to amend and modify the judgment.