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| Abu-Khaliel v. Gonzales, No. 04-4061,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 1, 2006, Decided , February 1, 2006, Filed
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Overview: Although 8 U.S.C.S. § 1252(a)(2)(B) stripped court of jurisdiction to review denial of voluntary departure under 8 U.S.C.S. § 1229c, court had jurisdiction to review IJ's denial of continuance because 8 U.S.C.S. § 1229a(a)(1) and 8 C.F.R. § 3.29 gave IJ statutory, not delegated, discretion over continuances; court found no abuse of discretion.
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| Amptech, Inc. v. NLRB, Consolidated Case Nos. 04-2415, 04-2515,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 1, 2006, Filed
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Overview: NLRB was entitled to enforcement of decision finding that employer violated NLRA, 29 U.S.C.S. §§ 141-169, because substantial evidence supported NLRB's findings that selection of permanent employees for layoff was motivated by their participation in union activities and that supervisor was discharged in retaliation for giving affidavit to NRLB.
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| Clark v. Chrysler Corp., No. 04-5279,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 1, 2006, Decided , February 1, 2006, Filed
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Overview: Punitive damage award of $ 3 million was reduced to $ 471, 258, or twice the compensatory damages award where the vehicle manufacturer's misconduct did not constitute a high degree of reprehensibility, the ratio of punitive to compensatory damages, 13 to 1, was unjustifiably large, and wide gap existed between award and civil penalties.
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| Holley v. Giles County, NO. 05-5760,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 1, 2006, Filed
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Overview: In 42 U.S.C.S. § 1983 suit, public employees' First Amendment retaliation claims failed because employees' speech--sending petition to sheriff regarding moisture problem in county building and filing personal injury suits against county and sheriff's department--was not a motivating factor in adverse actions, including terminations and reprimands.
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| Johnson v. Luoma, No. 04-1518,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 1, 2006, Filed
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| Peck v. Comm'r of Soc. Sec., 05-5418,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 1, 2006, Filed
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Overview: Petition by a prevailing social security benefits claimant for attorney's fees under the Equal Access to Justice Act, 28 U.S.C.S. § 2412(d), was denied because the district court did not abuse its discretion in finding that the Government's position in denying benefits throughout the litigation was substantially justified.
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| Schilling v. Heavrin (In re Triple S Rests.), No. 04-5297,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 1, 2006, Filed
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| United States v. Hooper, NO. 05-5436,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, February 1, 2006, Filed
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