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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ANTHONY OISONI OZOMARO,
Defendant-Appellant.
   No. 21-1329
Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 1:19-cr-00081-1—Hala Y. Jarbou, District Judge.
Argued: June 7, 2022
Decided and Filed: August 11, 2022
Before: STRANCH, DONALD, and THAPAR, Circuit Judges.


_________________________
OPINION
_________________________

BERNICE BOUIE DONALD, Circuit Judge. Following two days of evidence, two days of deliberations, and two composed juries, defendant appellant Anthony Ozomaro was convicted of possessing with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(viii). On appeal, Ozomaro seeks a new trial based on assertions of improper removal and replacement of a deliberating juror or, in the alternative, a new sentencing hearing due to an allegedly improper sentencing enhancement. For the following reasons, we affirm.



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IN RE: THE WENDY’S COMPANY SHAREHOLDER DERIVATIVE ACTION.
_________________________________________________________

JAMES GRAHAM, derivatively on behalf of The Wendy’s Company,
Plaintiff-Appellee,

THOMAS CARACCI, derivatively on behalf of The Wendy’s Company,
Plaintiff-Appellant,
v.
NELSON PELTZ; PETER W. MAY; EMIL J. BROLICK; CLIVE CHAJET; EDWARD P. GARDEN; JANET HILL; JOSEPH A. LEVATO; J. RANDOLPH LEWIS; PETER H. ROTHSCHILD; DAVID E. SCHWAB, II; ROLAND C. SMITH; RAYMOND S. TROUBH; JACK G. WASSERMAN; MICHELLE J. MATHEWS-SPRADLIN; DENNIS M. KASS; MATTHEW PELTZ; TODD A. PENEGOR; ROBERT D. WRIGHT; THE WENDY’S COMPANY,
Defendants-Appellees.
   No. 21-3975
Appeal from the United States District Court for the Southern District of Ohio at Cincinnati.
No. 1:16-cv-01153—Timothy S. Black, District Judge.
Argued: July 20, 2022
Decided and Filed: August 11, 2022
Before: WHITE, BUSH, and READLER, Circuit Judges.


_________________________
OPINION
_________________________

CHAD A. READLER, Circuit Judge. Hackers compromised customer-payment information at several Wendy’s franchisee restaurants. That difficulty for Wendy’s and its franchisees soon became a difficulty for the company’s directors and officers, when a number of shareholders took legal action against Wendy’s directors and officers on the corporation’s behalf to remedy any wrongdoing that might have allowed the breach to occur. Three shareholder derivative legal efforts ensued—two actions and one pre-suit demand—leading to a series of mediation sessions between the interested parties. Two of the efforts resulted in a settlement, which the district court approved after appointing one of the settling shareholder’s attorneys as the lead counsel. Those decisions drew unsuccessful objections from Thomas Caracci, a shareholder who had been pursuing one of the derivative actions, but had not participated in the latest settlement discussions. Caracci now appeals a host of decisions made by the district court, which together had the effect of dramatically reducing Caracci’s entitlement to an attorney’s fees award. Because the court acted within the bounds of its wide discretion to manage shareholder litigation, we affirm.



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GENERAL MOTORS, LLC; GENERAL MOTORS COMPANY,
Plaintiffs-Appellants,
v.
FCA US, LLC; FIAT CHRYSLER AUTOMOBILES N.V.; ALPHONS IACOBELLI; JEROME DURDEN; MICHAEL BROWN,
Defendants-Appellees.
   No. 20-1791
Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 2:19-cv-13429—Paul D. Borman, District Judge.
Argued: March 4, 2021
Decided and Filed: August 11, 2022
Before: STRANCH, LARSEN, and NALBANDIAN, Circuit Judges.


_________________________
OPINION
_________________________

LARSEN, Circuit Judge. For almost a decade, executives at FCA US, LLC and its parent company, Fiat Chrysler Automobiles N.V.,1 engaged in a pattern of racketeering, involving bribery and corrupt labor relations with the United Auto Workers (UAW). General Motors (GM) believes that it was the intended victim of the scheme and says it has suffered billions of dollars in damages because of it. GM accordingly sued FCA, Fiat, and various executives under the Racketeer Influenced and Corrupt Organizations Act (RICO). The district court granted defendants’ motions to dismiss, concluding that GM had failed to establish that the alleged RICO violations proximately caused its injuries. For the reasons stated, we AFFIRM.