6th Circuit Case Commentaries

Exhaustion of State Remedies and Ineffective Assistance of Counsel: Howard Atkins v. James M. Holloway Commentary

Date: Jul 9, 2015

Exhaustion of State Remedies and Ineffective Assistance of Counsel: Howard Atkins v. James M. Holloway Commentary Introduction In the landmark case of Howard Atkins v. James M. Holloway, decided by...

Reaffirmation of Qualified Immunity in Active Resistance: Carpenter v. Gillispie and Bielski

Date: Jul 2, 2015

Reaffirmation of Qualified Immunity in Active Resistance: Carpenter v. Gillispie and Bielski Introduction In Scott Rudlaff, Personal Representative for the Estate of Lawrence Carpenter v. Brandon...

Reaffirming Due Process Standards in School Discipline: Jahn v. Marysville Public Schools

Date: Jun 30, 2015

Reaffirming Due Process Standards in School Discipline: Jahn v. Marysville Public Schools Introduction In the case of Steven C. Jahn, Personal Representative of the Estate of Steven Jacob Jahn,...

Conditional Certification of Collective Action under FLSA: U.S. Bancorp v. Kelly Waggoner et al.

Date: Jun 25, 2015

Conditional Certification of Collective Action under FLSA: U.S. Bancorp v. Kelly Waggoner et al. Introduction In the case of Kelly Waggoner, et al. v. U.S. Bancorp, et al., the United States District...

Strict Exhaustion of Administrative Remedies under PLRA: Insights from Lee v. Mehra, 789 F.3d 673

Date: Jun 19, 2015

Strict Exhaustion of Administrative Remedies under the Prison Litigation Reform Act: Insights from Lee v. Mehra Introduction In Larry Lee v. Dean Willey et al., 789 F.3d 673 (6th Cir. 2015), the...

Revisiting Qualified Immunity and Probable Cause: The Webb and Price Case

Date: Jun 18, 2015

Revisiting Qualified Immunity and Probable Cause: The Webb and Price Case Introduction In the landmark case Joshawa Webb and Herman Price v. United States, decided by the United States Court of...

Sixth Circuit Reverses SSA Disability Denial, Emphasizes Importance of Treating Physician's Mental Health Assessments

Date: Jun 16, 2015

Sixth Circuit Reverses SSA Disability Denial, Emphasizes Importance of Treating Physician's Mental Health Assessments Introduction The case of Cynthia Winn v. Commissioner of Social Security...

Comprehensive Commentary on Babacar Gaye v. Loretta E. Lynch (6th Cir. 2015)

Date: Jun 10, 2015

Establishing Evidentiary Standards and Due Process in Asylum Proceedings: Analysis of Babacar Gaye v. Loretta E. Lynch Introduction In the case of Babacar Gaye v. Loretta E. Lynch, 788 F.3d 519 (6th...

Defining Advertisements under the Telephone Consumer Protection Act: 6th Circuit Rules Informational Faxes Non-Commercial

Date: Jun 4, 2015

Defining Advertisements under the Telephone Consumer Protection Act: 6th Circuit Rules Informational Faxes Non-Commercial Introduction In SANDUSKY WELLNESS CENTER, LLC v. MEDCO HEALTH SOLUTIONS,...

Reinforcing Qualified Immunity Standards in Malicious Prosecution Claims: Johnson v. Moseley and Thomas

Date: Jun 3, 2015

Reinforcing Qualified Immunity Standards in Malicious Prosecution Claims: Johnson v. Moseley and Thomas Introduction Johnson v. Moseley and Thomas, 790 F.3d 649 (6th Cir. 2015), is a pivotal...

Reversing Summary Judgment: The Sufficiency of Plaintiff's Testimony in FLSA Overtime Claims

Date: Jun 2, 2015

Reversing Summary Judgment: The Sufficiency of Plaintiff's Testimony in FLSA Overtime Claims Introduction In the case of Jeffrey Moran v. Al Basit LLC, Al Ghani LLC, Zain Syed, Zohaib Syed, the...

Sixth Circuit Establishes First Amendment Claims in PLRA Not Precluded by Lack of Physical Injury

Date: Jun 2, 2015

Sixth Circuit Establishes First Amendment Claims in PLRA Not Precluded by Lack of Physical Injury Introduction The case of Kevin King v. Chuck Zamiara, Curtis Chaffee, Sharon Wells before the United...

Separation of Fraud Claims from Medical Malpractice Statutes of Repose: New Precedent in Newberry v. Silverman

Date: May 30, 2015

Separation of Fraud Claims from Medical Malpractice Statutes of Repose: New Precedent in Newberry v. Silverman Introduction The case of Peter C. Newberry v. Marc H. Silverman, D.D.S. serves as a...

Affirmation of Title III Wiretap Necessity in Complex Drug Investigations: United States v. Wright et al.

Date: May 28, 2015

Affirmation of Title III Wiretap Necessity in Complex Drug Investigations: United States v. Wright et al. Introduction The case of United States of America v. Darin Wright, et al. (635 F. App'x 162)...

Affirmation of 18 U.S.C. § 2423(c) in International Child Abuse Cases

Date: May 28, 2015

Affirmation of 18 U.S.C. § 2423(c) in International Child Abuse Cases Introduction The case of UNITED STATES of America v. Malek M. Al-Maliki (787 F.3d 784) adjudicated by the United States Court of...

Financial Privacy Not a Fundamental Right under Section 1983: Affirmation of Summary Judgment in Moore v. WesBanco

Date: May 22, 2015

Financial Privacy Not a Fundamental Right under Section 1983: Affirmation of Summary Judgment in Moore v. WesBanco Introduction Moore v. WesBanco Bank, Inc. is a significant case adjudicated by the...

Affirmation of Foreclosure Dismissal in Campbell v. Nationstar Mortgage: Implications for Loan Modification and Regulatory Compliance

Date: May 7, 2015

Affirmation of Foreclosure Dismissal in Campbell v. Nationstar Mortgage: Implications for Loan Modification and Regulatory Compliance Introduction In Barbara Campbell v. Nationstar Mortgage and...

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