holding that "claims which are so attenuated and unsubstantial as to be absolutely devoid of merit are of insufficient substance to support federal jurisdiction"
Summary of this case from Jackson v. Michigan96-1243.
June 1, 1998.
Appeal from and Citation (if reported) E.D. Mich., 910 F. Supp. 323.
DECISIONS WITHOUT PUBLISHED OPINIONS Affirmed.
holding that "claims which are so attenuated and unsubstantial as to be absolutely devoid of merit are of insufficient substance to support federal jurisdiction"
Summary of this case from Jackson v. Michiganfinding that an implied contract was entered upon expiration of an express written contract where the parties continued to perform
Summary of this case from JK Prods. & Servs. v. JLW-TW Corp.finding that an implied contract was entered upon expiration of an express written contract where the parties continued to perform
Summary of this case from JK Prods. & Servs. v. JLW-TW Corp.In Colonel's, two companies disputed their rights under a written contract for the sale of plastic injection molding machines.
Summary of this case from Big Lots Stores, Inc. v. Luv n' Care, Ltd.In Cates v. Metropolitan Life Ins. Co., 149 F.3d 1182 (Mem.), 1998 WL 385897 (6th Cir. 1998), an unpublished opinion not binding within the Sixth Circuit, the court applied a similar rational-decision review for reasonableness that is at odds with Finley.
Summary of this case from King v. Hartford Life and Acc. Ins. Co.In Bradley v. Stump, 149 F.3d 1182, 1998 WL 385903 (6th Cir. 1998) (unpublished), Bradley held dual status in the Michigan Air National Guard and the United States Air National Guard. As a base commander during the week, Bradley was considered a grade GM-15 federal technician pursuant to 32 U.S.C. § 709. Bradley v. Stump, 971 F.Supp. 1149, 1151 (W.D.Mich.
Summary of this case from Fisher v. Petersrelying on Miller to hold, "[T]he attorney fees provision in the agreement was not the product of specific free and understanding negotiation. Instead, it was a preprinted clause that appeared in defendant's standard contract forms. Accordingly, the district court did not err when it concluded that the provision is void as against the public policy of Ohio."
Summary of this case from Chase Manhattan Mortgage Corp. v. Tudornoting that an award of attorney's fees is inappropriate where the defendant's attempt to remove the action was "fairly supportable" or "where there has not been at least some finding of fault with the defendant's decision to remove"
Summary of this case from Standafer v. Turnerdeclining to follow Harrell
Summary of this case from Mcafee v. Transamerica Occidental Life Ins. Co.relying on Miller to hold, "[T]he attorney fees provision in the agreement was not the product of specific free and understanding negotiation. Instead, it was a preprinted clause that appeared in defendant's standard contract forms. Accordingly, the district court did not err when it concluded that the provision is void as against the public policy of Ohio."
Summary of this case from In re WarfieldFull title:The Colonel's Inc. v. Cincinnati Milacron Marketing Co
Court:United States Court of Appeals, Sixth Circuit
Date published: Jun 1, 1998
See Wickman, 908 F.2d at 1088 (emphasis added). Accord Cozzie v. Metropolitan Life Ins. Co., 140 F.3d 1104,…
Riddle v. Life Insurance Company of North America1997); Cates v. Metro. Life Ins. Co., 14 F. Supp.2d 1024, 1027 (E.D.Tenn. 1996),aff'd, 149 F.3d 1182 (6th…