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MARGARET WIKE,
Plaintiff-Appellant,
v.
VERTRUE, INC., ADAPTIVE MARKETING, LLC, and INFLUENT, INC.,
Defendants-Appellees.


No. 08-5905

Appeal from the United States District Court
for the Middle District of Tennessee at Nashville.
No. 06-00204—Robert L. Echols, District Judge.
Argued and Submitted: April 23, 2009
Decided and Filed: June 2, 2009
Before: SUHRHEINRICH, BATCHELDER and SUTTON, Circuit Judges.

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OPINION
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SUTTON, Circuit Judge. Margaret Wike filed this lawsuit against Vertrue and its subsidiary, Adaptive Marketing (collectively, “Vertrue”), claiming that Vertrue violated federal law by enrolling her in a discount club and charging a monthly fee to her debit card. The district court granted summary judgment to Vertrue on Wike’s claim under the Electronic Funds Transfer Act (EFTA), 15 U.S.C. § 1693 et seq., and it denied her leave to amend her complaint to add claims under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1961 et seq. Concluding that EFTA’s one-year statute of limitations does not bar Wike’s claim, we reverse.


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ANDREW CUNNINGHAM,
Plaintiff-Appellant,
v.
INTERLAKE STEAMSHIP COMPANY,
Defendant-Appellee.


No. 07-4017

Appeal from the United States District Court
for the Northern District of Ohio at Akron.
No. 06-01641—Sara E. Lioi, District Judge.
Argued: June 6, 2008
Decided and Filed: June 2, 2009
Before: DAUGHTREY, CLAY, and McKEAGUE, Circuit Judges.

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OPINION
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MARTHA CRAIG DAUGHTREY, Circuit Judge. This appeal presents a question of first impression in this circuit concerning the timeliness of a seaman’s suit for maintenance and cure – the federal common law duties of a shipowner to provide food, lodging, and medical care for an employee injured while in the service of his ship. In addition to a maintenance-and-cure claim against defendant Interlake Steamship Company, plaintiff Andrew Cunningham also alleged that he had suffered harm due to the defendant’s negligence and to the ship’s unseaworthiness. Interlake defended on the ground that Cunningham’s claims were barred by relevant statutes of limitations. The district court granted summary judgment to Interlake, concluding that the negligence and unseaworthiness claims were untimely and that the claim for recovery of maintenance and cure, although timely, could not be sustained because the defendant had discharged its obligation toward the plaintiff. We find no error in the district court’s well-reasoned analysis and, therefore, affirm the judgment of the district court in Interlake’s favor.


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GERALD L. BROWN,
Petitioner-Appellant,
v.
KHELLEH KONTEH, Warden,
Respondent-Appellee.


Nos. 06-4037/4043

Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 05-00540—John D. Holschuh, District Judge.
Argued: April 25, 2008
Decided and Filed: June 2, 2009
Before: DAUGHTREY, GILMAN, and ROGERS, Circuit Judges.

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OPINION
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MARTHA CRAIG DAUGHTREY, Circuit Judge. A violent rampage through the Beacon Hill Apartment complex in Columbus, Ohio, on August 14, 2001, resulted in the burglary of two apartments, three aggravated robberies, two vicious beatings, and a murder. The petitioner, Gerald L. Brown, Jr., was eventually convicted for the numerous crimes. Although the State of Ohio sought to execute Brown for his participation in the offenses, a three-judge panel that heard the evidence against him sentenced him instead to life in prison without consideration for parole for 69 years. The petitioner then unsuccessfully attempted to overturn his convictions both through the Ohio state court appeals process and through habeas corpus proceedings in federal district court. Brown now appeals from the district court’s denial of his habeas petition, alleging only that the Ohio state courts unreasonably concluded that the evidence adduced at his trial was legally sufficient to support the various convictions. For the reasons set forth below, we affirm the district court’s ruling in part, reverse in part, and remand the case for entry of such orders as are appropriate and necessary to comply with this opinion.