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MARIBEA BALMERT, Plaintiff-Appellant, v. RELIANCE STANDARD LIFE INSURANCE COMPANY, Defendant-Appellee. |
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Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 07-00095—James L. Graham, District Judge.
Argued: December 1, 2009
Decided and Filed: February 5, 2010
Before: BATCHELDER, Chief Judge; SILER and GILMAN, Circuit Judges.
SILER, Circuit Judge. Pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., Maribea Balmert appeals the district court’s judgment upholding the benefits determination of Reliance Standard Life Insurance Company (“Reliance Standard”). Concluding that Balmert received a full and fair review
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UNITED STATES OF AMERICA, Plaintiff-Appellant, v. LYNA BROOKS, Defendant-Appellee. |
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Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 07-00099-001—Ann Aldrich, District Judge.
Argued: January 12, 2010
Decided and Filed: February 5, 2010
Before: MARTIN, BOGGS, and WHITE, Circuit Judges.
BOYCE F. MARTIN, JR., Circuit Judge. A federal grand jury indicted appellee Lyna Brooks for possession with the intent to distribute cocaine base (crack) in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A) after police executed a search warrant on his residence and found, among other things, 136.21 grams of crack. Brooks moved to suppress the evidence on the grounds that the affidavit submitted in support of the application for the search warrant was insufficient to give rise to probable cause to search the residence. Specifically, Brooks argued that the majority of the information in the search warrant affidavit was stale and that what information was not stale was insufficient to give rise to probable cause to search the residence. The district court agreed and suppressed all of the evidence obtained from the search. The government appeals that ruling. Although we agree with the district court that much of the information set forth in the affidavit was stale, we find that the non-stale information was, on its own, sufficient to give rise to probable cause to believe that contraband or evidence of a crime would be present in Brooks’s residence. We therefore REVERSE and REMAND for further proceedings.
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MILTON HARRIS, Plaintiff-Appellee/Cross-Appellant, v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE, Defendant-Appellant/Cross-Appellee, SCOTT BRUNETTE, ELIZABETH KEEL, FRANK CIRRINCIONE,MICHAEL TRIBUE, Defendants-Appellees. |
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Appeal from the United States District Court
for the Middle District of Tennessee at Nashville.
No. 04-00762—John T. Nixon, District Judge.
Argued: December 1, 2009
Decided and Filed: February 5, 2010
Before: GUY, RYAN, and GRIFFIN, Circuit Judges.
RALPH B. GUY, JR., Circuit Judge. Defendant Metropolitan Government of Nashville and Davidson County, Tennessee, appeals from the entry of judgment in the amount of $9,258.82 in favor of plaintiff Milton Harris on his claim that the reduction to his coaching supplement as head boys’ varsity basketball coach upon his return from leave violated the Family and Medical Leave Act (FMLA), 29 U.S.C. § 2614(a). Finding that the district court erred in failing to consider the proffered defense, and concluding that plaintiff was not prejudiced by the adjustment to the basketball coaching supplement, we reverse and enter judgment in favor of defendant on the plaintiff’s FMLA claim.
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JIMMY DEARL EALY, Plaintiff-Appellant, v. COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. |
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Appeal from the United States District Court
for the Eastern District of Kentucky at London.
No. 08-00235—Danny C. Reeves, District Judge.
Submitted: January 12, 2010
Decided and Filed: February 5, 2010
Before: MARTIN and WHITE, Circuit Judges; ZOUHARY, District Judge.
HELENE N. WHITE, Circuit Judge. Plaintiff-Appellant Jimmy Ealy appeals from the district court order affirming the decision of the Commissioner of Social Security denying Ealy’s claim for disability insurance benefits under 42 U.S.C §§ 416(i), 423(d). We reverse the judgment of the district court with instructions to remand the case to determine whether jobs exist consistent with Ealy’s mental limitations.