CLICK HERE FOR FULL TEXT |
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. |
CLICK HERE FOR FULL TEXT |
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. |
CLICK HERE FOR FULL TEXT |
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. |
|