Articles Posted in U.S. 6th Circuit Court of Appeals

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Plaintiffs are among the world’s largest purchasers of air conditioning and refrigeration copper tubing. Defendants imported ACR copper into the U.S. In 2003 the Commission of the European Communities found that defendants and other conspired on prices targets and other terms for industrial tubes and allocated customers and market shares in violation of European law. The findings did not identify any conspiratorial agreements with respect to U.S. markets. In 2004, another EC decision found violation in the market for plumbing tubes. Plaintiff claimed that the European conspiracy was also directed at the U.S. market for ACR industrial tubes, violating the Sherman Act and the Tennessee Trade Practices Act. Two similar cases, involving different plaintiffs, had been dismissed. The district court dismissed for lack of subject matter jurisdiction and failure to state a claim. The Sixth Circuit reversed, finding that the complaint adequately stated a claim under the Sherman Act and was not barred by the Act's limitations period, 15 U.S.C. 15b and that the court had personal jurisdiction. The fact that the complaint borrows its substance from the EC decision and then builds on the EC’s findings does not render its allegations any less valid. View "Carrier Corp. v. Outokumpu Oyj" on Justia Law

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Defendant, a Russian citizen, attended graduate school and owns real property, vehicles, and bank accounts in Ohio. He spends some time in Ohio each year, ranging from 40 days in 2007 to a total of 17 days in 2008–2009. He visits under a tourist visa and does not have an Ohio driver's license. After going to Russia to take part in a business venture with defendant, plaintiff filed suit in Ohio. The contract had no connection to the state. The trial court dismissed for lack of personal jurisdiction, noting that defendant was not served with process in a manner that automatically confers personal jurisdiction. The Sixth Circuit affirmed, finding that notions of fair play and substantial justice weigh against jurisdiction in Ohio. The court quoted a Russian proverb, “If you’re afraid of wolves, don’t go into the forest” that could be read, “If you’re afraid of the Russian legal system, don't do business in Russia.” View "Conn v. Zakharov" on Justia Law

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Prior to defendant's trial for shipping telecommunications and navigation equipment to Iraq, in violation of an embargo (Executive Order 12722) and the International Emergency Economic Powers Act, the district court denied a motion to suppress; granted a protective order to prevent disclosure of certain confidential documents to the defense; and excluded testimony from a defense witness. Following conviction, the the district court found the sentencing range to be 188-235 months, but only imposed concurrent sentences of 72 months. The Sixth Circuit affirmed. The motion to suppress was properly denied; the affidavit would have provided a sufficient basis to establish probable cause, even if defendant's desired changes had been made. The court properly imposed a sentencing enhancement for an offense involving national security, but improperly applied U.S.S.G 251.1(a)(2); as "invited error," it did not warrant reversal. No Brady violations occurred. Newly-discovered evidence was not exculpatory and did not advance a theory that the government approved and assisted with the shipments. View "United States v. Hanna" on Justia Law