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BERNARD FIDEL, et al., on behalf of themselves and all others similarly situated, Lead Plaintiffs-Appellees,
JAMES J. HAYES,
Plaintiff-Appellant,
v.
WILLIAM FARLEY, et al.,
Defendants.


No. 06-5550

Appeal from the United States District Court
for the Western District of Kentucky at Bowling Green.
No. 00-00048—Joseph H. McKinley, Jr., District Judge.
Submitted: June 11, 2008
Decided and Filed: July 18, 2008
Before: GIBBONS and SUTTON, Circuit Judges; ACKERMAN, District Judge.

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OPINION
_________________________

JULIA SMITH GIBBONS, Circuit Judge. Plaintiff-appellant James J. Hayes, appearing pro se, seeks review of the district court’s approval of a settlement in this securities class action brought against Fruit of the Loom. Hayes, a nonnamed member of a class of Fruit of the Loom shareholders, contends that the district court erred in approving the settlement because certain class members, including Hayes, received notice of the settlement after the deadline for objecting to the settlement. Hayes maintains that the settlement should be set aside and the class renotified. Additionally, Hayes requests that the attorney’s fees granted by the district court to class counsel be reduced due to the alleged deficiencies in providing notice to the class. In turn, the lead plaintiffs—the appellees in the instant case—argue that this court should decline to hear Hayes’s appeal because Hayes, as a nonintervening, nonnamed class member, is not a “party” for purposes of appealing the settlement.

We conclude that Hayes has the power to bring this appeal, notwithstanding his status as a nonintervening, nonnamed class member. Nonetheless, we affirm the district court’s order approving the settlement, as well as the court’s award of attorney’s fees to class counsel.


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UNITED STATES OF AMERICA,
Plaintiff-Appellant,
v.
DONNELL YOUNG, aka Lil Peso,
Defendant-Appellee.


No. 06-5664

Appeal from the United States District Court
for the Middle District of Tennessee at Nashville.
No. 98-00038—John T. Nixon, District Judge.
Argued: September 17, 2007
Decided and Filed: July 18, 2008
Before: COLE and COOK, Circuit Judges; MILLS, District Judge.

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OPINION
_________________________

COOK, Circuit Judge. After voir dire began in Donnell Young’s capital murder case, the government located nineteen new witnesses and sought to add those names to the list of more than 100 already provided to the defense. One of the nineteen, a new eyewitness who saw Young leaving the murder scene, came to light through trial preparation interviews of crime-scene bystanders. Another trial preparation interview turned up information about a related violent assault Young committed. Through pursuit of that lead, the government located the other eighteen individuals as persons having knowledge of that assault.

When Young objected to the introduction of any evidence from the nineteen witnesses, the district court sua sponte invoked 18 U.S.C. § 3432, which requires the government to provide a capital defendant with a witness list at least three days before the start of trial, as grounds for excluding the witnesses. We find an abuse of discretion in the court’s choice to exclude relevant testimony on the ground that the government failed to conduct a reasonably diligent investigation. We therefore vacate the district court’s order and remand for proceedings consistent with this opinion.


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DONALD EVANOFF,
Plaintiff-Appellant,
v.
THE STANDARD FIRE INSURANCE COMPANY; READYCLEAN, INC.,
Defendants-Appellees.


No. 07-4187

Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 07-00631—George J. Limbert, Magistrate Judge.
Argued: June 10, 2008
Decided and Filed: July 18, 2008
Before: KEITH, GRIFFIN, and GIBSON, Circuit Judges.

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OPINION
_________________________

GRIFFIN, Circuit Judge. Plaintiff Donald Evanoff appeals an order of the district court granting summary judgment in favor of defendants The Standard Fire Insurance Company and Readyclean, Inc. (collectively “Standard Fire”). Evanoff argues that the district court erred in holding that no genuine issue of material fact exists regarding Evanoff’s compliance with the requirements of the Standard Flood Insurance Policy issued to him by Standard Fire. He contends further that the court abused its discretion in failing to allow him to conduct additional discovery before the court granted Standard Fire’s motion for summary judgment. Finding Evanoff’s arguments to lack merit, we affirm.


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TOTES ISOTONER CORPORATION,
Plaintiff-Appellee,
v.
INTERNATIONAL CHEMICAL WORKERS UNION COUNCIL/UFCW LOCAL 664C,
Defendant-Appellant.


No. 07-3577

Appeal from the United States District Court
for the Southern District of Ohio at Cincinnati.
No. 04-00849—Susan J. Dlott, District Judge.
Argued: March 13, 2008
Decided and Filed: July 8, 2008
Before: CLAY and McKEAGUE, Circuit Judges; BOYKO, District Judge.

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OPINION
_________________________

CLAY, Circuit Judge. Defendant, International Chemical Workers Union Council/UFCW Local 664C (“Union”), appeals the district court’s order granting the motion of Plaintiff, totes»Isotoner Corporation, to vacate a supplemental labor arbitration award. For the reasons that follow, we AFFIRM the judgment of the district court.