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NICHOLAS PAUL SOMBERG,
Plaintiff-Appellant,
v.
KAREN D. MCDONALD, in her official capacity as
Prosecutor of Oakland County, Michigan,
Defendant-Appellee. |
No. 23-1872 |
Appeal from the United States District Court for the Eastern District of Michigan at Detroit.
No. 2:20-cv-11917—Gershwin A. Drain, District Judge.
Decided and Filed: August 28, 2024
Before: BATCHELDER, THAPAR, and MATHIS, Circuit Judges.
_________________________
OPINION
_________________________
THAPAR, Circuit Judge. A Michigan court rule forbids recording, photographing, or
livestreaming judicial proceedings. Nicholas Somberg claims that rule violates the First
Amendment. Because Somberg lacks Article III standing to pursue his claim, we remand with
instructions to dismiss. |
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MENG HUANG,
Plaintiff-Appellant,
v.
THE OHIO STATE UNIVERSITY; GIORGIO RIZZONI,
Defendants-Appellees. |
No. 23-3469 |
Appeal from the United States District Court for the Southern District of Ohio at Columbus.
No. 2:19-cv-01976—James L. Graham, District Judge.
Argued: March 21, 2024
Decided and Filed: August 28, 2024
Before: KETHLEDGE, READLER, and BLOOMEKATZ, Circuit Judges.
_________________________
OPINION
_________________________
BLOOMEKATZ, Circuit Judge. Meng Huang, a former engineering student at The Ohio
State University, alleges that her advisor, Professor Giorgio Rizzoni, sexually harassed and
assaulted her while she pursued her Ph.D. She brought this action against OSU and Rizzoni.
Relevant on appeal are the district court’s grant of summary judgment to OSU on Huang’s Title
VII quid pro quo sexual harassment and retaliation claims, and a trial verdict in Rizzoni’s favor
on Huang’s due process claim that he violated her right to bodily integrity.
The district court mishandled Huang’s claims against both defendants. First, with respect
to the claims against OSU, Huang raised a material dispute of fact as to whether she was an
“employee” of OSU for Title VII purposes, even though she was also a student. The two roles
are not mutually exclusive, as the district court mistakenly held. So, Huang’s sexual harassment
claim under Title VII must go to a jury. Additionally, when Huang physically resisted Rizzoni’s
advances by pushing him away, she “opposed” his improper touching even if she did not
vocalize her objection. That is enough for “protected activity” under Title VII, so her retaliation
claim also should have survived.
Second, with respect to the claim against Rizzoni, the district court violated Huang’s
substantial rights when it excluded multiple categories of evidence in service of a confusing
trifurcation order. Deeming this evidence “irrelevant” to whether Rizzoni improperly touched
Huang, the district court categorically excluded evidence of Rizzoni’s threats to her academic
career after she refused his advances. It also prevented Huang from presenting evidence of her
impeccable academic credentials and stellar performance during her Ph.D. program. She sought
to introduce that evidence to rebut Rizzoni’s claims that she fabricated the sexual harassment
allegations in revenge for his decision to eject her from the engineering program. Yet all this
was relevant under basic rules of evidence. Given these errors, we reverse the grant of summary
judgment, vacate the trial verdict, and remand the case to the district court. |
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DENNIS SPEERLY; JOSEPH SIERCHIO; DARRIN DEGRAND;
DANIEL DRAIN; WAVERS SMITH; RICHARD FREEMAN;
CHRISTOPHER GILES; LOUIS RAY; RICHARD SULLIVAN;
JAMES NORVELL; MICHAEL BANKS; GUY CLARK; MARIA
BARALLARDOS; CARY SHERROW; JASON KEVIN SINCLAIR;
KIMBERLY COULSON; TROY COULSON; ANDRE MCQUADE;
DONALD DYKSHORN; TAIT THOMAS; JAMES PAUL BROWNE;
WILLIAM FREDO; JON ELLARD; RHIANNA MEYERS;
RANDALL JACOBS; MICHAEL PONDER; PHILIP WEEKS;
KATRINA FREDO; JIMMY FLOWERS; STEVEN BRACK; KEVIN
WESLEY; BRIAN LLOYD; GREGORY BUTSCHA; JERRY
CARROLL; KIMBERLY CARROLL; DOMINIC EATHERTON;
THOMAS EDMONDSON; RICHARD FILIAGGI; ROBERT
HIGGINS; DAVID THOMPSON, DONALD SICURA,
Plaintiffs-Appellees,
v.
GENERAL MOTORS, LLC,
Defendant-Appellant. |
No. 23-1940 |
Appeal from the United States District Court for the Eastern District of Michigan at Detroit.
Nos. 2:19-cv-11044; 2:19-cv-11802; 2:19-cv-11808; 2:19-cv-11875; 2:19-cv-1237;
David M. Lawson, District Judge.
Argued: July 25, 2024
Decided and Filed: August 28, 2024
Before: MOORE, COLE, and MATHIS, Circuit Judges.
_________________________
OPINION
_________________________
KAREN NELSON MOORE, Circuit Judge. Plaintiffs from twenty-six states seek class
certification in their suit against General Motors, LLC (“GM”), for alleged defects present in the
8L45 and 8L90 transmissions of vehicles purchased from GM between 2015 and 2019.
According to the Plaintiffs, they experienced “shudder” and shift quality issues when driving
these vehicles that persisted even if and when they brought the car in to be repaired. GM claims
that the putative class lacks standing and that there exist a number of individualized issues
between both the Plaintiffs and state laws that would predominate over any common issues of
law or fact in the Plaintiffs’ putative class-action suit. The district court determined that the
Plaintiffs have standing and can satisfy Federal Rule of Civil Procedure 23 and certified the
class. GM appeals the decision and claims that the district court abused its discretion in
certifying the class. We hold that the Plaintiffs have standing and that the district court did not
abuse its discretion in certifying the class action and AFFIRM the class certification. |
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LIBERTARIAN NATIONAL COMMITTEE, INC.,
Plaintiff-Appellee,
v.
MICHAEL J. SALIBA; RAFAEL WOLF; GREG STEMPFLE;
ANGELA THORNTON-CANNY; JAMI VAN ALSTINE;
MARY BUZUMA; DAVID CANNY; JOSEPH BRUNGARDT,
Defendants-Appellants. |
No. 23-1856 |
Appeal from the United States District Court for the Eastern District of Michigan at Ann Arbor.
No. 5:23-cv-11074—Judith E. Levy, District Judge.
Argued: June 11, 2024
Decided and Filed: August 28, 2024
Before: COLE, GIBBONS, and READLER, Circuit Judges.
_________________________
OPINION
_________________________
JULIA SMITH GIBBONS, Circuit Judge. This trademark action arises out of a dispute
within the Libertarian Party of Michigan (referred to by name or as the “Michigan affiliate”).
The Libertarian National Committee, Inc. (“LNC”) sued dissenting members of the Michigan
affiliate—mainly former officers of the affiliate or board members of local parties—for using the
LNC’s trademark to hold themselves out as the official Michigan affiliate after a turnover of
power resulted in two factions claiming to hold power. The district court granted the LNC’s
request to preliminarily enjoin the dissenting members’ use of the mark, and the dissenting
members appealed. They argue that the district court’s application of the Lanham Act to the
context of noncommercial speech both unduly expands the Act and violates the First
Amendment. Even if the Lanham Act covers the dissenting members’ use of the trademark, they
argue that their use was authorized and not likely to cause confusion. We affirm in part and
vacate in part the preliminary injunction. |
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