6th Circuit Case Commentaries

Alleyne v. United States: Implications on Successive § 2255 Petitions

Date: Jun 25, 2014

Alleyne v. United States: Implications on Successive § 2255 Petitions Introduction In In re Anthony Mazzio, Movant. (756 F.3d 487), the United States Court of Appeals for the Sixth Circuit addressed...

Affirmation of Qualified Immunity in Neileigh Regets v. City of Plymouth

Date: Jun 11, 2014

Affirmation of Qualified Immunity in Neileigh Regets v. City of Plymouth Introduction The case of Neileigh Regets v. City of Plymouth revolves around allegations made by Neileigh Regets against the...

Establishing Immunity Boundaries in Fabrication and Concealment Claims: LeFever v. Ferguson

Date: Jun 7, 2014

Establishing Immunity Boundaries in Fabrication and Concealment Claims: LeFever v. Ferguson Introduction In the landmark case of ALEX LEFEVER, Plaintiff-Appellee, VIRGINIA LEFEVER, Plaintiff-Appellee...

Affirmation of Distinct Distinctions Between 'Extend' and 'Renew' Options in Ohio Oil and Gas Leases

Date: Jun 7, 2014

Affirmation of Distinct Distinctions Between 'Extend' and 'Renew' Options in Ohio Oil and Gas Leases Introduction In the landmark case of Eastham v. Chesapeake Appalachia, L.L.C., cited as 754 F.3d...

Liberty Coins v. Goodman: Reaffirming Rational Basis in Business Regulation

Date: Jun 6, 2014

Liberty Coins v. Goodman: Reaffirming Rational Basis in Business Regulation Introduction In Liberty Coins, LLC; John Michael Tomaso v. Goodman, the United States Court of Appeals for the Sixth...

Reevaluation of Mandatory Minimums under the Modified Categorical Approach: Insights from United States v. Davis

Date: May 29, 2014

Reevaluation of Mandatory Minimums under the Modified Categorical Approach: Insights from United States v. Davis Introduction United States v. Kevin A. Davis (751 F.3d 769, 6th Cir. 2014) is a...

Qualified Immunity Affirmed in Sixth Circuit's Decision on Operation Turnaround Civil Rights Claims

Date: May 29, 2014

Qualified Immunity Affirmed in Sixth Circuit's Decision on Operation Turnaround Civil Rights Claims Introduction The Sixth Circuit Court of Appeals, in the case of Johnny Robertson et al. v. Lee...

Affirmation of Conspiracy and Mail Fraud Convictions: Insights from United States v. Smith (6th Cir. 2014)

Date: May 21, 2014

Affirmation of Conspiracy and Mail Fraud Convictions: Insights from United States v. Smith (6th Cir. 2014) 1. Introduction The case of United States of America v. Christopher Cello Smith and Michael...

Sixth Circuit Upholds Princess Lida Doctrine in Trust Administration Dispute

Date: May 17, 2014

Sixth Circuit Upholds Princess Lida Doctrine in Trust Administration Dispute Introduction In Alan C. Cartwright v. Alan L. Garner et al., 751 F.3d 752 (6th Cir. 2014), the United States Court of...

Affirmation of Legitimate Business Need for Consumer Reports under FCRA: Bickley v. Dish Network

Date: May 14, 2014

Affirmation of Legitimate Business Need for Consumer Reports under FCRA: Bickley v. Dish Network Introduction Gregory Bickley v. Dish Network, LLC is a landmark case adjudicated by the United States...

Limitations on Rule 60(b) Motions in Habeas Corpus Proceedings: TYLER v. ANDERSON

Date: May 14, 2014

Limitations on Rule 60(b) Motions in Habeas Corpus Proceedings: TYLER v. ANDERSON Introduction Arthur Tyler, an Ohio inmate sentenced to death for the 1983 murder of Sander Leach, sought...

6th Circuit Holds FECA Does Not Preempt State Fraud and Larceny Convictions in Campaign Fund Misuse

Date: May 10, 2014

6th Circuit Holds FECA Does Not Preempt State Fraud and Larceny Convictions in Campaign Fund Misuse Introduction In Jerome Westfield Dewald v. Gene Wriggelsworth, 748 F.3d 295 (6th Cir. 2014), the...

Establishing Municipal Liability under Brady Obligations: An Analysis of D'Ambrosio v. Marino

Date: May 9, 2014

Establishing Municipal Liability under Brady Obligations: An Analysis of D'Ambrosio v. Marino Introduction In the landmark case Joe D'Ambrosio v. Carmen Marino, et al., the United States Court of...

6th Circuit Establishes Enhanced Scrutiny for Preliminary Injunctions in Municipal Benefit Reduction Cases

Date: May 6, 2014

6th Circuit Establishes Enhanced Scrutiny for Preliminary Injunctions in Municipal Benefit Reduction Cases Introduction In the case of City of Pontiac Retired Employees Association et al. v....

Establishing the Weight of Direct and Circumstantial Evidence in Employment Discrimination: Brewer v. New Era, Inc.

Date: Apr 30, 2014

Establishing the Weight of Direct and Circumstantial Evidence in Employment Discrimination: Brewer v. New Era, Inc. Introduction In Brewer v. New Era, Inc., the United States Court of Appeals for the...

6th Circuit Sets Precedent on First Amendment Retaliation in Prison Administrative Actions

Date: Apr 22, 2014

6th Circuit Sets Precedent on First Amendment Retaliation in Prison Administrative Actions Introduction In the case of Randle Griffin v. Mary K. Berghuis, et al., the United States Court of Appeals...

Substantial Justification in EAJA Attorney Fee Awards: DeLong v. SSA

Date: Apr 10, 2014

Substantial Justification in EAJA Attorney Fee Awards: DeLong v. SSA Introduction The case of Berniece J. DeLong v. Commissioner of Social Security Administration (748 F.3d 723) adjudicated by the...

Treating Diversionary Pleas as Prior Convictions under 21 U.S.C. § 841: A Comprehensive Analysis of United States v. Pritchett et al.

Date: Apr 10, 2014

Treating Diversionary Pleas as Prior Convictions under 21 U.S.C. § 841: A Comprehensive Analysis of United States v. Pritchett et al. Introduction The case of United States of America v. Harry Allen...

Judicial Discretion in Sentencing Guidelines: Analysis of United States v. Kamper and Head

Date: Apr 10, 2014

Judicial Discretion in Sentencing Guidelines: Analysis of United States v. Kamper and Head Introduction The case of United States of America, Plaintiff–Appellee, v. Glenn Kamper and Joe Head,...

Reaffirming Subjective Knowledge in Deliberate Indifference Claims: Rouster v. County of Saginaw

Date: Apr 10, 2014

Reaffirming Subjective Knowledge in Deliberate Indifference Claims: Rouster v. County of Saginaw Introduction The case of Daniel Rouster, as Personal Representative of the Estate of Jerry Rouster,...

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