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  • Commentaries
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6th Circuit Case Commentaries

Gentry v. Commissioner: Upholding Treating Physician Authority and Comprehensive Evidence in Disability Evaluations

Gentry v. Commissioner: Upholding Treating Physician Authority and Comprehensive Evidence in Disability Evaluations

Date: Feb 5, 2014
Gentry v. Commissioner: Upholding Treating Physician Authority and Comprehensive Evidence in Disability Evaluations Introduction The case of Erika Gentry v. Commissioner of Social Security,...
Sixth Circuit Affirms De Novo Review in ERISA Disability Claims and Limits Judicial Estoppel to Intentional Omission: Javery v. Lucent Technologies

Sixth Circuit Affirms De Novo Review in ERISA Disability Claims and Limits Judicial Estoppel to Intentional Omission: Javery v. Lucent Technologies

Date: Feb 4, 2014
Sixth Circuit Affirms De Novo Review in ERISA Disability Claims and Limits Judicial Estoppel to Intentional Omission: Javery v. Lucent Technologies Introduction In the case of Nilratan Javery v....
Total Disability Defined: Partial Employment Does Not Constitute Total Disability under ERISA

Total Disability Defined: Partial Employment Does Not Constitute Total Disability under ERISA

Date: Jan 25, 2014
Total Disability Defined: Partial Employment Does Not Constitute Total Disability under ERISA Introduction The case of Karen McClain v. Eaton Corporation Disability Plan addresses a pivotal issue in...
6th Circuit Upholds Federal Preemption in Generic Drug Liability, Restricts Brand-Name Manufacturer Liability under Tennessee Products Liability Act

6th Circuit Upholds Federal Preemption in Generic Drug Liability, Restricts Brand-Name Manufacturer Liability under Tennessee Products Liability Act

Date: Jan 24, 2014
6th Circuit Upholds Federal Preemption in Generic Drug Liability, Restricts Brand-Name Manufacturer Liability under Tennessee Products Liability Act Introduction Overview of the Case In the...
Nationwide v. Frisch: Enforcing Contractual Production Requirements and Statute of Limitations in Employment Agreements

Nationwide v. Frisch: Enforcing Contractual Production Requirements and Statute of Limitations in Employment Agreements

Date: Jan 15, 2014
Nationwide v. Frisch: Enforcing Contractual Production Requirements and Statute of Limitations in Employment Agreements Introduction The case of Matthew B. Frisch and The Frisch Agency, LLC v....
Opportunity for Full and Fair Consideration in Habeas Corpus Review Established in Good v. Berghuis

Opportunity for Full and Fair Consideration in Habeas Corpus Review Established in Good v. Berghuis

Date: Jan 9, 2014
Opportunity for Full and Fair Consideration in Habeas Corpus Review Established in Good v. Berghuis Introduction Good v. Berghuis is a pivotal case decided by the United States Court of Appeals for...
Clarifying the Definition of "Crime of Violence" in Career-Offender Sentencing Enhancements: United States v. Cooper & Adams

Clarifying the Definition of "Crime of Violence" in Career-Offender Sentencing Enhancements: United States v. Cooper & Adams

Date: Jan 8, 2014
Clarifying the Definition of "Crime of Violence" in Career-Offender Sentencing Enhancements: United States v. Cooper & Adams Introduction In the case of United States of America v. Cortez Dewayne...
Limits of Rule 60(b)(6) Relief for Ineffective Assistance of Counsel Claims: McGuire v. Warden

Limits of Rule 60(b)(6) Relief for Ineffective Assistance of Counsel Claims: McGuire v. Warden

Date: Dec 31, 2013
Limits of Rule 60(b)(6) Relief for Ineffective Assistance of Counsel Claims: McGuire v. Warden Introduction Dennis B. McGuire v. Warden, Chillicothe Correctional Institution (738 F.3d 741, 6th Cir....
Establishing Absolute Prosecutorial Immunity in Witness Interrogations: Analysis of Smith v. Rogers, 737 F.3d 1026 (6th Cir. 2013)

Establishing Absolute Prosecutorial Immunity in Witness Interrogations: Analysis of Smith v. Rogers, 737 F.3d 1026 (6th Cir. 2013)

Date: Dec 17, 2013
Establishing Absolute Prosecutorial Immunity in Witness Interrogations: Analysis of Smith v. Rogers, 737 F.3d 1026 (6th Cir. 2013) Introduction Smith v. Rogers, adjudicated by the United States Court...
Reevaluation of Disability Determinations: The Importance of Treating-Source Evidence and VA Ratings in Social Security Appeals

Reevaluation of Disability Determinations: The Importance of Treating-Source Evidence and VA Ratings in Social Security Appeals

Date: Dec 14, 2013
Reevaluation of Disability Determinations: The Importance of Treating-Source Evidence and VA Ratings in Social Security Appeals Introduction In the case of Robert LaRiccia v. Commissioner of Social...
ADA Failure to Accommodate Requires Plaintiff's Proper Accommodation Requests: Cash v. Siegel-Robert Affirmed

ADA Failure to Accommodate Requires Plaintiff's Proper Accommodation Requests: Cash v. Siegel-Robert Affirmed

Date: Dec 4, 2013
ADA Failure to Accommodate Requires Plaintiff's Proper Accommodation Requests: Cash v. Siegel-Robert Affirmed Introduction The case of Steven Cash v. Siegel-Robert, Inc. addresses the critical...
No Retroactive Relief: 6th Circuit Affirms Non-Retroactivity of Fair Sentencing Act

No Retroactive Relief: 6th Circuit Affirms Non-Retroactivity of Fair Sentencing Act

Date: Dec 4, 2013
No Retroactive Relief: 6th Circuit Affirms Non-Retroactivity of Fair Sentencing Act Introduction In the case of United States of America v. Cornelius Demorris Blewett and Jarreous Jamone Blewitt, the...
Proprietary Action vs. Regulation: Sixth Circuit Upholds Michigan's Ban on Project Labor Agreements in Public Construction

Proprietary Action vs. Regulation: Sixth Circuit Upholds Michigan's Ban on Project Labor Agreements in Public Construction

Date: Nov 28, 2013
Proprietary Action vs. Regulation: Sixth Circuit Upholds Michigan's Ban on Project Labor Agreements in Public Construction Introduction In the case of MICHIGAN BUILDING AND CONSTRUCTION TRADES...
6th Circuit Reverses Dismissal of RESPA Claims Against Loan Servicer in Marais v. Chase Home Finance

6th Circuit Reverses Dismissal of RESPA Claims Against Loan Servicer in Marais v. Chase Home Finance

Date: Nov 27, 2013
6th Circuit Reverses Dismissal of RESPA Claims Against Loan Servicer in Marais v. Chase Home Finance Introduction In Christine Marais v. Chase Home Finance LLC, 736 F.3d 711 (6th Cir. 2013), the...
Due Diligence in §2255 Motions: The Jefferson v. United States Decision

Due Diligence in §2255 Motions: The Jefferson v. United States Decision

Date: Nov 9, 2013
Due Diligence in §2255 Motions: The Jefferson v. United States Decision Introduction In Kenneth Andrew Jefferson v. United States, 730 F.3d 537 (6th Cir. 2013), the United States Court of Appeals for...
FDCPA Violation Commences at Filing of Complaint and Pre-Petition Claims as Bankruptcy Estate Property – Tyler v. DH Capital Management, Inc.

FDCPA Violation Commences at Filing of Complaint and Pre-Petition Claims as Bankruptcy Estate Property – Tyler v. DH Capital Management, Inc.

Date: Nov 8, 2013
FDCPA Violation Commences at Filing of Complaint and Pre-Petition Claims as Bankruptcy Estate Property Introduction In Dionte Tyler v. DH Capital Management, Inc. (736 F.3d 455), the United States...
Delay in Non-Standard Treatment Not Constituting Deliberate Indifference Under the Eighth Amendment

Delay in Non-Standard Treatment Not Constituting Deliberate Indifference Under the Eighth Amendment

Date: Nov 6, 2013
Delay in Non-Standard Treatment Not Constituting Deliberate Indifference Under the Eighth Amendment Introduction In the case of Oscar Santiago v. Dr. Kurt Ringle and Dr. Constance Mosher, the United...
Classwide Arbitrability Reserved for Judicial Determination in Arbitration Clauses

Classwide Arbitrability Reserved for Judicial Determination in Arbitration Clauses

Date: Nov 6, 2013
Classwide Arbitrability Reserved for Judicial Determination in Arbitration Clauses Introduction The case of Reed Elsevier, Inc., through its LexisNexis Division, Plaintiff–Appellee, v. Craig Crockett...
Mandatory Evidentiary Hearings and Ex Post Facto Implications in Collateral Relief: Dona v. HUFF

Mandatory Evidentiary Hearings and Ex Post Facto Implications in Collateral Relief: Dona v. HUFF

Date: Nov 6, 2013
Mandatory Evidentiary Hearings and Ex Post Facto Implications in Collateral Relief: Dona v. HUFF Introduction Donavon E. HUFF appealed the denial of his motion to vacate his sentence under 28 U.S.C....
Qualified Immunity and Waiver of Unraised Fourth Amendment Claims: Analysis of Brown v. United States, 6th Cir. 2013

Qualified Immunity and Waiver of Unraised Fourth Amendment Claims: Analysis of Brown v. United States, 6th Cir. 2013

Date: Nov 5, 2013
Qualified Immunity and Waiver of Unraised Fourth Amendment Claims: Analysis of Brown v. United States, 6th Cir. 2013 Introduction The case of Danny Brown v. The United States of America adjudicated...
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