6th Circuit Case Commentaries

JONES v. BRADSHAW: New Sixth Circuit Precedent on Ineffective Assistance of Counsel with Racially Prejudicial Testimony in Capital Sentencing

Date: Aug 23, 2022

JONES v. BRADSHAW: New Sixth Circuit Precedent on Ineffective Assistance of Counsel with Racially Prejudicial Testimony in Capital Sentencing Introduction Odraye G. Jones, n/k/a Malik Allah-U-Akbar,...

Clarifying the Time-of-Conviction Rule for Career Offender Enhancements in Federal Sentencing

Date: Aug 19, 2022

Clarifying the Time-of-Conviction Rule for Career Offender Enhancements in Federal Sentencing Introduction The case of United States of America v. James Clark, III, adjudicated by the United States...

Sixth Circuit Affirms Dismissal for Delayed Service in Qui Tam Action, Reinforcing Rule 4(m) Compliance

Date: Aug 13, 2022

Sixth Circuit Affirms Dismissal for Delayed Service in Qui Tam Action, Reinforcing Rule 4(m) Compliance Introduction In the landmark case United States of America and State of Michigan ex rels....

Affirmation of RICO Conspiracy and Money Laundering Convictions in Digital Currency Fraud Scheme

Date: Aug 13, 2022

Affirmation of RICO Conspiracy and Money Laundering Convictions in Digital Currency Fraud Scheme Introduction The case of United States of America v. Rossen Iossifov and Dimitrious Antoine Brown (45...

New Precedent on ADA Interference Claims Limited to Employers: Post v. Trinity Health-Michigan

Date: Aug 13, 2022

New Precedent on ADA Interference Claims Limited to Employers: Post v. Trinity Health-Michigan Introduction In Post v. Trinity Health-Michigan, dba Saint Joseph Mercy Oakland, 44 F.4th 572 (6th Cir....

Affirmation of Juror Removal Standards and Sentencing Enhancements in Ozomaro Case

Date: Aug 12, 2022

Affirmation of Juror Removal Standards and Sentencing Enhancements in Ozomaro Case Introduction The case of United States of America v. Anthony Oisoni Ozomaro (44 F.4th 538) adjudicated in the United...

Clarifying Qualified Immunity in Minimal Threat Excessive Force Cases: Shumate v. City of Adrian

Date: Aug 11, 2022

Clarifying Qualified Immunity in Minimal Threat Excessive Force Cases: Shumate v. City of Adrian Introduction The case of Robert Allen Shumate v. City of Adrian, Michigan; Jeremy Powers underscores...

Establishing Liability for Eighth Amendment Failures: An In-Depth Analysis of Estate of Seth Michael Zakora v. Troy Chrisman et al.

Date: Aug 11, 2022

Establishing Liability for Eighth Amendment Failures: An In-Depth Analysis of Estate of Seth Michael Zakora v. Troy Chrisman et al. 1. Introduction The case of Estate of Seth Michael Zakora; Brandy...

Probable Cause Standard Upholding Traffic Stop under Ohio Rev. Code §4511.431(A)

Date: Aug 10, 2022

Probable Cause Standard Upholding Traffic Stop under Ohio Rev. Code §4511.431(A) Introduction In the case of United States of America v. Joseph Stevenson, decided on August 9, 2022, by the United...

Choice-of-Remedies and the Economic-Loss Doctrine: Insights from New London Tobacco Market, Inc. v. Kentucky Fuel Corporation

Date: Aug 10, 2022

Choice-of-Remedies and the Economic-Loss Doctrine: Insights from New London Tobacco Market, Inc. v. Kentucky Fuel Corporation Introduction The case of New London Tobacco Market, Inc.; Fivemile...

ERISA Jurisdiction Affirmed: Operating Engineers' Local 324 Fringe Benefit Funds v. Rieth-Riley Construction Co.

Date: Aug 9, 2022

ERISA Jurisdiction Affirmed: Operating Engineers' Local 324 Fringe Benefit Funds v. Rieth-Riley Construction Co. Introduction The case of Operating Engineers' Local 324 Fringe Benefit Funds v....

Diversity Jurisdiction and LLC Citizenship: Akno 1010 Market Street St. Louis Missouri LLC v. Nahid Pourtaghi

Date: Aug 9, 2022

Diversity Jurisdiction and LLC Citizenship: Akno 1010 Market Street St. Louis Missouri LLC v. Nahid Pourtaghi Introduction The case of Akno 1010 Market Street St. Louis Missouri LLC v. Nahid...

Wallace v. United States: Redefining "Crime of Violence" and the Knowledge Requirement for Felon-In-Possession Convictions

Date: Aug 6, 2022

Wallace v. United States: Redefining "Crime of Violence" and the Knowledge Requirement for Felon-In-Possession Convictions Introduction In Dominique Cordell Wallace v. United States of America, 43...

Mandatory Compliance with Zoning Procedures Affirmed in Golf Village North, LLC v. City of Powell

Date: Aug 3, 2022

Mandatory Compliance with Zoning Procedures Affirmed in Golf Village North, LLC v. City of Powell Introduction Golf Village North, LLC; Triangle Properties, Inc., Plaintiffs-Appellants, challenged...

Enhanced Deliberate Indifference Standards in Prisoner Litigation: Williams v. Hilton Hall, Jr.

Date: Jul 28, 2022

Enhanced Deliberate Indifference Standards in Prisoner Litigation: Williams v. Hilton Hall, Jr. Introduction In the landmark case Williams v. Hilton Hall, Jr., the United States Court of Appeals for...

Establishing Precedent on Employer Liability Through the "Cat's Paw" Theory in Age and Disability Discrimination Cases

Date: Jul 28, 2022

Establishing Precedent on Employer Liability Through the "Cat's Paw" Theory in Age and Disability Discrimination Cases Introduction In the case of Robert Bledsoe v. Tennessee Valley Authority Board...

Substantial Evidence Upholds ALJ's Disability Denial and Clarifies Limited Duty to Develop Record for Unrepresented Claimants

Date: Jul 28, 2022

Substantial Evidence Upholds ALJ's Disability Denial and Clarifies Limited Duty to Develop Record for Unrepresented Claimants Introduction In the landmark case Todd Allen Moats v. Commissioner of...

Protect the Peninsula's Right to Intervention in Zoning Litigation Established

Date: Jul 28, 2022

Protect the Peninsula's Right to Intervention in Zoning Litigation Established Introduction In July 2022, the United States Court of Appeals for the Sixth Circuit rendered a pivotal decision in...

Legal Commentary on EMW Women's Surgical Center v. Eric Friedlander

Date: Jul 22, 2022

Legal Commentary on EMW Women's Surgical Center v. Eric Friedlander: Establishing New Precedents in Healthcare Regulation Introduction The case of EMW Women's Surgical Center, P.S.C., et al. v. Eric...

Qualified Immunity in First Amendment Retaliation Claims: Myers v. City of Centerville

Date: Jul 22, 2022

Qualified Immunity in First Amendment Retaliation Claims: Myers v. City of Centerville, 41 F.4th 746 Introduction James Myers v. City of Centerville, Ohio, Defendants-Appellants, 41 F.4th 746 (6th...