By: Carrie Bennice / Date: 16, October 2017

Flight Options, LLC, et al. v. Int’l Bhd. of Teamsters, Local 1108, et al., No. 17-3188 (THAPAR, Sutton, Donald).

Flight Options, LLC, et al. v. Int’l Bhd. of Teamsters, Local 1108, et al., No. 17-3188 (THAPAR, Sutton, Donald). This is one of several appeals stemming out of a merger between Flight Operations and Flexjet. At issue in this appeal was how to integrate the pilots under one collective-bargaining agreement. The existing collective-bargaining agreement became “amendable” under the Railway Labor Act shortly after the airlines merged, allowing either party to propose broad changes affecting the pilots’ rates of pay and… Read more

By: Carrie Bennice / Date: 12, October 2017

Stein, et al. v. hhgregg, Inc., et al.b, No. 16-3364 (MOORE, Sutton, White).

Stein, et al. v. hhgregg, Inc., et al.b, No. 16-3364 (MOORE, Sutton, White). Plaintiffs, current or former employees in hhgregg stores in Ohio, filed suit challenging hhggregg’s draw-on-commission policy. Under this policy, all retail sales employees are paid solely on the basis of commissions. However, in pay periods when an employee’s earned commissions fall below the minimum wage, he or she is paid a “draw” to meet the minimum-wage requirements. According to the plaintiffs’ amended complaint, employees who receive a… Read more

By: Carrie Bennice / Date: 12, October 2017

Flannery | Georgalis Featured in a cleveland.com Article

Flannery | Georgalis were featured in a cleveland.com article. Read the full article here. The article provides, in part: "Their plan for the coming years is to build up their criminal defense and civil practice -- and eventually hire more staff -- by trading on the reputations they built in the federal prosecutor's office. Flannery worked there for three years and most recently handled white-collar prosecutions. Georgalis spent seven years there and most recently worked in the office's national security… Read more

By: Carrie Bennice / Date: 11, October 2017

U.S. v. Adams, No. 16-2786 (MOORE, White, Donald).

U.S. v. Adams, No. 16-2786 (MOORE, White, Donald). A defendant who had been addicted to opiates for several decades tested positive for opiates several times while on supervised release. The district court ultimately revoked his supervised release and sentenced him to a below-Guidelines term of incarceration of eighteen months. The defendant appealed, arguing that the sentence was both procedurally and substantively unreasonable. The Sixth Circuit agreed, vacating the sentence and remanding for resentencing. The Court, relying on Circuit precedent, reiterated… Read more

By: Carrie Bennice / Date: 11, October 2017

Chris Georgalis Thanked for his Service to the Nation by Receiving Public Service Award

Chris was recognized by the United States Department of Justice, United States Attorney's Office for the Northern District of Ohio for his exemplary and dedicated service to the nation and to the community through the presentation of a Public Service Award.

By: Carrie Bennice / Date: 11, October 2017

Flannery | Georgalis Featured in Crain's Cleveland Business Magazine

Flannery | Georgalis were featured in Crain's Cleveland Business Magazine. Read the full article here. Crain's writes: "Prior to landing their DOJ jobs, Georgalis, a native of Independence, worked at Jones Day, largely focusing on corporate internal investigations, while Flannery, who grew up in the Copley/Fairlawn area, cut his teeth at a midsize Maryland law firm, mostly representing individuals in white-collar criminal cases." "With résumés like that, punctuated by several years of combined experience as federal prosecutors, each could've pursued… Read more

By: Carrie Bennice / Date: 10, October 2017

U.S. v. Phillips, No. 16-6667 (SUTTON, Donald, Thapar).

U.S. v. Phillips, No. 16-6667 (SUTTON, Donald, Thapar). The defendant appealed his conviction for conspiracy to commit mail and wire fraud, arguing in part than an IRS agent called as a lay witness should not have been allowed to testify as to his opinion that the defendant was part of a conspiracy and received proceeds derived from criminal activity. The Sixth Circuit noted that “the court at a minimum toed the abuse-of-discretion line” when it allowed the testimony, but found… Read more

By: Carrie Bennice / Date: 03, October 2017

U.S. v. Greer, No. 16-5701 (BATCHELDER, Keith, Sutton).

U.S. v. Greer, No. 16-5701 (BATCHELDER, Keith, Sutton). The defendant, a deputy sheriff, was convicted of witness tampering in connection with a federal aggravated sexual abuse prosecution. The pre-sentence report calculated his base offense level as 27, in part because the witness tampering section (USSG § 2J1.2) provides for a cross reference to USSG § 2X3.1, Accessory After the Fact, which considers the base offense level of the underlying criminal offense when the obstructive conduct is part of a particularly… Read more

By: Carrie Bennice / Date: 03, October 2017

U.S. v. Long Phi Pham, No. 17-5096 (COLE, Rogers, Griffin).

U.S. v. Long Phi Pham, No. 17-5096 (COLE, Rogers, Griffin). The defendant appealed his sentence, arguing that he should not be considered an Armed Career Criminal under 18 U.S.C. § 924(e) because two of the three predicate offenses were in furtherance of a conspiracy for which he was convicted. Therefore, only the one remaining conviction and the conspiracy conviction should have been properly considered as qualifying offenses. To be considered an ACC, the Government must prove that the defendant has… Read more

By: Carrie Bennice / Date: 29, September 2017

Island Fork Construction v. Bowling, No. 16-4319 (STRANCH, Moore, Donald).

Island Fork Construction v. Bowling, No. 16-4319 (STRANCH, Moore, Donald). Bowling worked as a coal miner for over 29 years, and applied for benefits under the Black Lung Benefits Act. His most recent employer denied that it was responsible for paying the benefits, and the matter went before an administrative law judge. At that point, the employer informed the judge that it and its insurer were both insolvent. There is no mechanism by which an ALJ can designate a different… Read more