James H. Burks, Iv v. United States District Court for the Southern District of Ohio YELLOW…

The Honorable Joseph M. Hood, United States District Judge for the Eastern District of*
Kentucky, sitting by designation.
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 08a0257n.06
Filed: May 15, 2008
No. 07-4037
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
JAMES H. BURKS, IV
Plaintiff-Appellant,
On Appeal from the
v. United States District Court for
the Southern District of Ohio
YELLOW TRANSPORTATION, INC.
Defendant-Appellee.
______________________________
Before: KENNEDY and MARTIN, Circuit Judges; HOOD, District Judge.*
PER CURIAM. Mr. James H. Burks, IV appeals the district court’s July 2, 2007 decision
denying its motion for sanctions against Yellow Transportation, Inc. Mr. Burks asserts that the
district court abused its discretion by refusing to sanction Yellow Transportation for including a
misleading and inaccurate statement of law, and a few misleading statements of fact in its reply brief
filed in support of its motion for summary judgment.
The district court's opinion carefully analyzed the purported inaccurate and misleading
statements in Yellow Transportation’s brief and concluded that, while Yellow Transportation’s
counsel should “take better care in the future to avoid [] overstatements,” the complained-of
statements were sufficiently supported by evidence and not significantly misleading. We have
carefully read the district court’s opinion, the applicable law, and the parties’ briefs, and we find that

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it was not an abuse of discretion to deny the plaintiff sanctions against the defendant. We therefore
AFFIRM the district court's denial of sanctions for the reasons stated in the district court's opinion.

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