19 results for 'judge:"Clay"'.
J. Clay finds that both the University of Michigan and its doctor, who controlled the lab from which the fentanyl used by the decedent was taken, are entitled to sovereign immunity on due process and wrongful death claims filed by the estate. It seeks only monetary damages, while the university has also not waived the defense, given its only motion in response to the lawsuit was the underlying motion to dismiss. Reversed.
Court: 6th Circuit, Judge: Clay, Filed On: May 6, 2024, Case #: 23-1718, Categories: Immunity, Due Process, Wrongful Death
J. Clay finds the reinstatement order issued by the trial court is not barred by judicial estoppel as a result of the employee's failure to file notice of her employment lawsuit during bankruptcy proceedings. The order had no bearing on the employee's distribution of debts and was unrelated to any potential damages. Meanwhile, the court lacks jurisdiction over the award of damages and attorney fees to the employee because none of those orders were finalized by the lower court; therefore, the remainder of the appeal will be dismissed. Affirmed.
Court: 6th Circuit, Judge: Clay, Filed On: April 17, 2024, Case #: 22-5761, Categories: Bankruptcy, Civil Procedure, Employment
J. Clay finds that the district court properly granted Walmart’s motion to dismiss a taxi driver’s assault, battery, intentional infliction of emotional distress, false arrest and false imprisonment claims. The district court also properly dismissed the driver’s 14th Amendment claim because it is identical to his Fourth Amendment claim. However, the dismissal and qualified immunity on the Fourth Amendment claims against the arresting officer, municipal liability claim against the sheriff and the negligent hiring, supervision, training, and retention and vicarious liability against Walmart and its security guard shall be remanded for further proceedings. Affirmed in part. Reversed in part.
Court: 6th Circuit, Judge: Clay, Filed On: April 3, 2024, Case #: 23-3217, Categories: Civil Rights, Negligence, Police Misconduct
J. Clay finds the district court properly dismissed the former mayor’s complaint against the Warren City, Michigan, city council, election commission, the city clerk and county clerk. The former mayor served in that position for four terms when the election commission changed the city charter to the existing term limits. He alleges the new limits imposes a legal disability based on past conduct but fails to he was intentionally discriminated against by changing the amendment.
Court: 6th Circuit, Judge: Clay, Filed On: April 2, 2024, Case #: 23-1826, Categories: Constitution, Elections, Due Process
J. Clay finds the lower court erroneously granted the board of elections' motion to dismiss for lack of standing. It and the Secretary of State's definitive statements that posting "ballot selfies" online is against Ohio election laws demonstrate a credible threat of enforcement that gives the voter standing to challenge the laws on First Amendment grounds. Although the board claims it has not monitored social media for such posts since 2019, it has continuously told voters publishing images of ballots is a criminal offense, while a 2019 order by the board to an online poster to remove an image also chills protected speech and allows the suit to proceed. Reversed.
Court: 6th Circuit, Judge: Clay, Filed On: March 14, 2024, Case #: 23-3330, Categories: Elections, First Amendment
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[Consolidated.] J. Clay finds the lower court properly ordered the pharmacy owner to voluntarily dismiss a False Claims Act suit against State Farm. The parties' settlement agreement following RICO claims filed against the owner encompassed all claims filed by the owner, not just those involved with fraudulent billing practices. Although the false claims suit was filed under seal, the settlement required the owner to dismiss known and unknown claims, and so the enforcement order was valid. Affirmed.
Court: 6th Circuit, Judge: Clay, Filed On: March 5, 2024, Case #: 22-1409, Categories: Settlements, False Claims, Racketeering
J. Clay finds that because the lower court's denial of qualified immunity to the corrections officer turns on a question of fact - specifically, whether the juvenile inmate's constitutional rights were violated - the corrections officer cannot file an interlocutory appeal and his appeal must be dismissed for lack of jurisdiction.
Court: 6th Circuit, Judge: Clay, Filed On: February 29, 2024, Case #: 23-1259, Categories: Civil Rights, Immunity, Jurisdiction
J. Clay finds the trial court applied an upward variance to defendant's sentence on a conviction for involuntary manslaughter because the seriousness of his conduct, including driving drunk while under the age of 21 and speeding at over 90 miles per hour on a dangerous road, was not already included in the base sentencing guidelines, while prior misdemeanor convictions also supported an above-guidelines sentence. Affirmed.
Court: 6th Circuit, Judge: Clay, Filed On: February 27, 2024, Case #: 23-5141, Categories: Sentencing, Vehicular Homicide
J. Clay finds the lower court properly granted the brake manufacturer's motion for summary judgment on indemnification claims. Not only did Nissan fail to produce any evidence at the product liability trial that the brake system was defective and played a role in numerous car accidents, but the jury in the product liability action also failed to attribute any blame to the brake parts, which prevents Nissan from recouping any of the damages awarded by the jury. Affirmed.
Court: 6th Circuit, Judge: Clay, Filed On: February 6, 2024, Case #: 22-5469, Categories: Product Liability, Indemnification, Contract
J. Clay finds the lower court properly denied the proposed intervenor's motion to intervene in the class action lawsuit related to property taxes. Once the initial lead plaintiff was denied class certification for untimely claims, the proposed intervenor no longer had any interest in the litigation and could not intervene as a matter of right. Affirmed.
Court: 6th Circuit, Judge: Clay, Filed On: January 5, 2024, Case #: 23-1230, Categories: Civil Procedure, Class Action
J. Clay finds the lower court erroneously dismissed the minority-owned construction company's suit in its entirety. Its claims were not based merely on a disappointed bidder theory, but included allegations of race discrimination that gave it standing to pursue claims against the city. The allegation a white-owned contractor was given the construction project despite the minority-owned business bidding more than $1 million less creates a plausible race discrimination claim against the township, and so that portion of the suit will be reinstated. Reversed in part.
Court: 6th Circuit, Judge: Clay, Filed On: November 30, 2023, Case #: 22-2131, Categories: Civil Rights, Construction, Government
J. Clay finds the lower court properly dismissed the nursing student's disability discrimination claims. The hospital's decision to revoke an accommodation that allowed the student to bring her service dog on clinical rotations was made after several patients and employees experienced several allergic reactions, not because of the student's disability. Additionally, the hospital was unable to move the student to another floor because of the locations of her supervisor and staffing shortages caused by the Covid-19 pandemic; therefore, its refusal to craft an accommodation that would have allowed the dog to accompany the student was not a violation of the ADA. Affirmed.
Court: 6th Circuit, Judge: Clay, Filed On: November 9, 2023, Case #: 23-1162, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Clay finds the trial court erroneously failed to provide its own analysis and instead used the "crack-to-powder" ratio set by Congress to set the base offense level for defendant's sentence on drug and weapons charges. The trial court "failed to appreciate the scope of its discretion" to determine the proper ratio. The trial court also failed to respond to defendant's argument that anything other than a 1:1 ratio would result in an excessive sentence and, therefore, his sentence will be vacated and the case will be remanded for resentencing. Vacated in part.
Court: 6th Circuit, Judge: Clay, Filed On: August 25, 2023, Case #: 21-1824, Categories: Drug Offender, Firearms, Sentencing
J. Clay finds the lower court erroneously dismissed the inmate's habeas petition as untimely filed because the statute of limitations for his petition was tolled when he filed a state court request for DNA testing related to his sexual assault conviction. Although that request was unsuccessful, it was still properly filed and constituted a "post-conviction or other collateral proceeding" under Antiterrorism and Effective Death Penalty Act, which tolled the statute of limitations. Reversed in part.
Court: 6th Circuit, Judge: Clay, Filed On: August 8, 2023, Case #: 21-2845, Categories: Criminal Procedure, Dna, Habeas
J. Clay finds that the trial court abused its discretion when it denied defendant's request for recusal following a colloquy during which the court admonished him, said "he looks like a criminal to me," and threatened to have him removed from the courtroom because the remarks gave an implication of racial bias and a "prejudgment of guilt." The court also twice denied defendant the opportunity to speak during the hearing, and while he later apologized and admitted he "lost his temper," that apology came more than two years after the outburst and did not rectify the situation; therefore, defendant's convictions and sentence will be vacated and the case will be remanded for a new trial in front of a new judge. Vacated.
Court: 6th Circuit, Judge: Clay, Filed On: August 3, 2023, Case #: 22-1236, Categories: Drug Offender, Fair Trial, Judiciary
J. Clay finds that the district court improperly dismissed the consumer's challenge of Ohio liquor laws that prevent out-of-state wine retailers from shipping wine directly to Ohio consumers. The district court did not consider the consumer's expert report about the Direct Ship Restriction's practical effects on Ohio consumers, in favor of holding this court's opinion on "Lebamoff Enterprises Inc. v. Whitmer," which dealt with different state laws and involved different evidence. Reversed in part.
Court: 6th Circuit, Judge: Clay, Filed On: July 14, 2023, Case #: 22-3852, Categories: Constitution, Evidence, Experts
J. Clay finds the district court improperly attributed a higher quantity of drugs to defendant when sentencing him in a drug conspiracy case that involved 17 other defendants. Evidence indicates shows defendant only purchased small quantities of drugs to sell to users but was not involved in the larger trafficking conspiracy. Therefore, his sentence is vacated and the case remanded for resentencing with a proper drug quantity attribution. Vacated.
Court: 6th Circuit, Judge: Clay, Filed On: May 31, 2023, Case #: 21-1521, Categories: Drug Offender, Evidence, Sentencing
J. Clay finds the trial court properly denied the nursing association's motion for a new trial based on claims of improperly excluded evidence in a hospital's case seeking indemnification for settling an underlying lawsuit. The testimony regarding the identity of a nurse who improperly moved a patient and worsened his injuries would not have changed the outcome of the trial. Much of the evidence regarding the nurse's identity, including her accent, manner of speaking, and physical build, was admitted at trial and was more than enough to support the verdict against the nursing association. Affirmed.
Court: 6th Circuit, Judge: Clay, Filed On: May 18, 2023, Case #: 21-5994, Categories: Evidence, Health Care, Indemnification
J. Clay finds the lower court erroneously granted the competitor's motion for summary judgment and determined the design of the truck cab conversion kit is nonfunctional and, therefore, not protected trade dress. Although the shape and design serves a functional purpose, the creator's statements about his aesthetic intentions create an issue of fact as to whether the design is protected. Reversed in part.
Court: 6th Circuit, Judge: Clay, Filed On: May 11, 2023, Case #: 22-5625, Categories: Evidence, Transportation, Trademark