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Federal Judiciary

: Sixth Circuit Cases

Oct. 27-31, 2008: US 6th Circuit Court of Appeals Decisions

By Michael Stevens

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PUBLISHED OPINIONS

Opinion	Short Title/District
08a0388p.06	Robert Langley v. Prudential Mortgage Capital Co Eastern District of Kentucky at Lexington PER CURIAM.1 This case involves two sizeable real estate loans ? one for $43 million, the other for $14 million ? by Prudential, the lender, to Robert Langley, the borrower. The dispositive issue on appeal is whether two contracts, both of which included a forum selection clause choosing New York as the forum for litigation, should be enforced. The federal district court below determined that the contracts were invalid and thus declined to enforce the forum selection clauses. Because a valid and enforceable contract exists, we vacate and remand for the district court to entertain a motion to enforce the forum selection clause under FED. R. CIV. P. 12(b)(6) or 28 U.S.C. § 1404(a).
08a0387p.06	USA v. Kuehne Southern District of Ohio at Dayton
08a0389p.06	Harkless v. Brunner Northern District of Ohio at Cleveland
08a0390p.06	USA v. Osborne Western District of Kentucky at Bowling Green ROGERS, Circuit Judge. In this criminal appeal, Allen Osborne, a modeling agent who defrauded Fruit of the Loom with the help of a Fruit of the Loom employee, appeals his conviction of conspiracy to commit mail fraud and his resulting below-Guidelines sentence. Osborne argues that a variance between the indictment and the proof presented at trial affected his substantial rights and therefore mandates reversal of his conviction. The indictment charged one conspiracy while the proof presented at trial may have established two separate conspiracies, one of which did not involve Osborne. He also argues that his sentence is both procedurally and substantively unreasonable. For the reasons that follow, we affirm Osborne?s conviction and sentence.
08a0391p.06	Ralph Nader v. J. Blackwell Southern District of Ohio at Columbus
08a0392p.06	United States Student Ass'n Foundation v. Terri Land Eastern District of Michigan at Detroit
08b0017p.06	In re: Gordon Thomas, Jr. v. U.S. Bankruptcy Court - Columbia
08b0017p.06	In re: Anthony Shane Jones v. U.S. Bankruptcy Court - Columbia

NOT RECOMMENDED FOR
FULL-TEXT PUBLICATION OPINIONS

Opinion	Short Title/District
08a0655n.06	Diamond Shilo Craft v. United States Eastern District of Michigan at Detroit
08a0656n.06	National Business Development v. American Credit Education and Eastern District of Michigan at Detroit
08a0657n.06	USA v. Zakir Hakim Eastern District of Michigan at Detroit
08a0658n.06	Rebecca McGlothin v. Commissioner of Social Securit Southern District of Ohio at Cincinnati