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DIANE M. ZIRNHELT, Plaintiff-Appellant/Cross-Appellee, v. MICHIGAN CONSOLIDATED GAS COMPANY, et al., Defendants-Appellees/Cross-Appellants. |
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Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 04-70619—George C. Steeh, District Judge.
Argued: March 13, 2008
Decided and Filed: May 16, 2008
Before: MOORE, GILMAN, and SUTTON, Circuit Judges.
SUTTON, Circuit Judge. In this pension-benefits case, Diane Zirnhelt argues that the district court erred in (1) upholding the company’s denial of benefits, (2) denying her motion to amend her complaint to add an equitable-estoppel claim, (3) dismissing her breach-of-fiduciary-duty claim and (4) awarding her just $10,500 based on the company’s failure to provide her with pension plan documents in a timely manner. For its part, the company argues (in its cross appeal) that the district court should not have imposed any monetary penalty. We affirm.
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BOBBY BAILEY and ROBERT SMITH, Plaintiffs-Appellees, v. USF HOLLAND, INC., Defendant-Appellant. |
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Appeal from the United States District Court
for the Middle District of Tennessee at Nashville.
No. 05-00435—Aleta Arthur Trauger, District Judge.
Argued: May 2, 2008
Decided and Filed: May 16, 2008
Before: COLE and GRIFFIN, Circuit Judges; FORESTER, Senior District Judge.
GRIFFIN, Circuit Judge. Plaintiffs Bobby Bailey and Robert Smith, both African-American, were dock workers and truck drivers for defendant USF Holland, Inc. After making numerous complaints over the course of several years regarding their coworkers’ habit of referring to them as “boy,” “hey boy,” or “damn it boy,” and subjecting them to other forms of racial harassment, plaintiffs sued defendant for violation of Title VII of the Civil Rights Act of 1964 and the Tennessee Human Rights Act. Following a non-jury trial, the district court ruled for plaintiffs and awarded damages. We affirm.
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JULIE BRITTINGHAM and DAVID BRITTINGHAM, Plaintiffs-Appellants, v. GENERAL MOTORS CORPORATION and VIRGINIA STULL, Defendants-Appellees. |
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Appeal from the United States District Court
for the Southern District of Ohio at Dayton.
No. 02-00283—Thomas M. Rose, District Judge.
Argued: January 30, 2008
Decided and Filed: May 16, 2008
Before: MERRITT, DAUGHTREY, and MOORE, Circuit Judges.
MERRITT, Circuit Judge. The plaintiffs, Julie and David Brittingham, appeal the district court’s denial of their motions to remand the case to state court and its grant of summary judgment in favor of both defendants, Dr. Virginia Stull (“Dr. Stull”) and General Motors Corporation (“GM”). The plaintiffs’ claims arose from a pre-employment physical examination conducted by one of GM’s physicians, Dr. Stull. That examination produced two abnormal lung function tests, the results of which were never discussed with Ms. Brittingham. When she was later diagnosed with a lung disease, the plaintiffs sued GM, Dr. Stull, and several others for negligence, intentional misconduct, breach of fiduciary duty, and fraudulent concealment. The case was originally filed in state court, but was removed by the defendants to federal district court under 28 U.S.C. § 1441 on the basis of complete preemption. Because we find that the district court did not have subject matter jurisdiction at the time of removal, we VACATE the district court’s judgment and REMAND with instructions to remand the matter to the state court from which it came.