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   Federal Courts - 6th Circuit Court of Appeals - May 11, 2006

  
Aleks Gjelaj v. Gonzales, No. 05-3204, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 11, 2006, Filed
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Overview: Regardless of whether the asylee had endured any past persecution in his home country, he was not eligible for asylum under 8 U.S.C.S. § 1158 because changed conditions in his homeland rebutted any presumption that he would have been subjected to future persecution upon removal or that he could have had well-founded fear of such future persecution.

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Cleveland Elec. Illuminating Co. v. Util. Workers Union, Local 270, Case No: 04-3566: 04-3567, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 11, 2006, Filed
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Danner v. Motley, No. 04-5363, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 11, 2006, Decided , May 11, 2006, Filed
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Overview: An inmate's Confrontation Clause rights were not violated when his allegedly abused daughter, though 15, testified against him via closed circuit per Ky. Rev. Stat. Ann. § 421.350. Compelling need determination was supported by findings that her reliability was at stake, and that the inmate was the cause of her distress, which was not de minimis.

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LaSalle Bank, N.A. v. Legacy, No. 04-2396, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 11, 2006, Filed
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Overview: Because Michigan courts broadly applied res judicata to bar claims that already had been, or in exercise of reasonable diligence, could have been litigated, bank's failure to raise issue of its redemption right according to Mich. Comp. Laws § 211.140 (1999) (repealed) was an issue that could have been raised in purchaser's prior quiet title action.

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Meridia Prods. Liab. Litig. v. Abbott Labs., No. 04-4175, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 11, 2006, Decided , May 11, 2006, Filed
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Overview: District court properly granted summary judgment for pharmaceutical company in multi-district product liability action filed by consumers of diet drug Meridia; label adequately warned learned intermediary of possible effects on blood pressure. Pharmacologist's testimony on effect of high blood pressure was properly excluded under Fed. R. Evid. 702.

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