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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ROBERT ZENAS WHIPPLE, III,
Defendant-Appellant. |
No. 23-5126 |
Appeal from the United States District Court for the Eastern District of Tennessee at Knoxville.
No. 3:20-cr-00031-1—Katherine A. Crytzer, District Judge.
Argued: December 6, 2023
Decided and Filed: February 8, 2024
Before: BATCHELDER, CLAY, and GIBBONS, Circuit Judges.
_________________________
OPINION
_________________________
ALICE M. BATCHELDER, Circuit Judge. Robert Whipple appeals the denial of his
motions to suppress evidence. Whipple argued that law enforcement violated his Fourth
Amendment rights when officers subpoenaed Walmart for his purchase history, searched his
phone after the expiration of the warrant for his phone, and impermissibly seized his car. The
district court denied Whipple’s motions. Finding no merit to these claims, we AFFIRM. |
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MARK BAMBACH, individually and on behalf of his
minor children; E.B. and M.B., in their own right,
Plaintiffs-Appellees,
v.
GINA MOEGLE, individually, in her capacity as
Children’s Protective Services Investigator, Michigan
Department of Health and Human Services; SUSAN
SHAW, individually, in her capacity as Children’s
Protective Services Supervisor, Michigan Department
of Health and Human Services,
Defendants-Appellants. |
No. 23-1372 |
Appeal from the United States District Court for the Eastern District of Michigan at Detroit.
No. 2:18-cv-14039—Denise Page Hood, District Judge.
Argued: January 24, 2024
Decided and Filed: February 8, 2024
Before: McKEAGUE, LARSEN, and MURPHY, Circuit Judges.
_________________________
OPINION
_________________________
McKEAGUE, Circuit Judge. Gina Moegle and her supervisor Susan Shaw, both
employees of the Children’s Protective Services program in the Michigan Department of Health
and Human Services, appeal the district court’s partial denial of qualified immunity for eleven
claims filed against various State of Michigan defendants by Mark Bambach and his minor
children under 42 U.S.C. § 1983.
We find that no clearly established law put the state defendants on notice that they were
violating the Bambachs’ Fourteenth and Fourth Amendment rights. Accordingly, we REVERSE
the district court’s denial of summary judgment and REMAND for entry of an order dismissing
the Bambachs’ claims against the state defendants. |
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JAMES J. KELLY, JR.,
Defendant-Appellant. |
No. 23-1481 |
Appeal from the United States District Court for the Eastern District of Michigan at Detroit.
No. 2:21-cv-12570—Gershwin A. Drain, District Judge.
Decided and Filed: February 8, 2024
Before: SILER, NALBANDIAN, and MATHIS, Circuit Judges.
_________________________
OPINION
_________________________
MATHIS, Circuit Judge. Under the Bank Secrecy Act, individuals with foreign bank
accounts containing $10,000 or more must annually file a Report of Foreign Bank and Financial
Accounts (“FBAR”) with the U.S. Department of the Treasury. An individual who fails to file
an FBAR by the deadline risks civil penalties. If the failure to file was accidental, the
government can assess a penalty of up to $10,000. If, however, the failure to file was willful, the
civil penalty grows exponentially.
The government sued James Kelly to recover civil penalties, claiming that Kelly willfully
failed to timely file FBARs for 2013, 2014, and 2015. The district court granted summary
judgment to the government. Because Kelly’s failure to file was a willful violation of the Bank
Secrecy Act, we affirm. |
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AUTUMN WIND LENDING, LLC,
Plaintiff-Appellant,
v.
ESTATE OF JOHN J. SIEGEL, deceased, by and through
the Executor or Personal Representative; CECELIA
FINANCIAL MANAGEMENT, LLC; HALAS ENERGY,
LLC; OASIS AVIATION LLC,
Defendants-Appellees. |
No. 23-5476 |
Appeal from the United States District Court for the Western District of Kentucky at Louisville.
No. 3:22-cv-00255—Rebecca Grady Jennings, District Judge.
Decided and Filed: February 8, 2024
Before: COLE, GILMAN, and LARSEN, Circuit Judges.
_________________________
OPINION
_________________________
RONALD LEE GILMAN, Circuit Judge. Insight Terminal Solutions, LLC (Insight)
brought an adversary proceeding in bankruptcy court against all the defendants named in this
lawsuit, alleging claims that were dismissed with prejudice by the bankruptcy court based upon
the parties’ stipulation to do so. Autumn Wind Lending, LLC (Autumn Wind) was not itself a
party to the adversary proceeding, but it became the parent company of Insight prior to Insight
initiating its lawsuit in the bankruptcy court.
The question before us is whether the doctrine of res judicata bars Autumn Wind from
now bringing these same claims against the same defendants who were absolved of liability to
Insight as part of the bankruptcy court proceedings. For the reasons set forth below, we
REVERSE the judgment of the district court dismissing Autumn Wind’s claims on the basis of
res judicata and REMAND the case for further proceedings consistent with this opinion. |
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