6th Circuit Case Commentaries

Deference in Reviewing Sentencing Enhancements: Insights from United States v. Sherry Washington

Date: May 15, 2013

Deference in Reviewing Sentencing Enhancements: Insights from United States v. Sherry Washington Introduction United States v. Sherry Washington, 715 F.3d 975 (6th Cir. 2013), is a pivotal case that...

PLIVA Inc. v. Fulgenzi: Establishing Exceptions to Preemption in Generic Drug Liability

Date: May 14, 2013

PLIVA Inc. v. Fulgenzi: Establishing Exceptions to Preemption in Generic Drug Liability Introduction In Eleanor Fulgenzi v. PLIVA, Inc., the United States Court of Appeals for the Sixth Circuit...

Career Offender Status Precludes Sentence Reduction Under §3582(c)(2) Following Guideline Amendments

Date: May 7, 2013

Career Offender Status Precludes Sentence Reduction Under §3582(c)(2) Following Guideline Amendments Introduction The case of United States of America v. Keith Thompson, Jr. (714 F.3d 946) serves as...

Enhancement Under USSG § 2G2.2(b)(5) and Resentencing Vindictiveness: United States v. Johnson, Jr.

Date: May 4, 2013

Enhancement Under USSG § 2G2.2(b)(5) and Resentencing Vindictiveness: United States v. Johnson, Jr. Introduction The case of United States of America v. Robert T. Johnson, Jr. (715 F.3d 179) examines...

Reinforcing the Weight of Treating-Source Medical Opinions in Social Security Disability Claims: Gayheart v. Commissioner of Social Security

Date: May 3, 2013

Reinforcing the Weight of Treating-Source Medical Opinions in Social Security Disability Claims: Gayheart v. Commissioner of Social Security Introduction In the case of Charles Gayheart v....

Uniform Fiduciaries Act’s Affirmative Defense in Fiduciary Misconduct Cases

Date: May 1, 2013

Uniform Fiduciaries Act’s Affirmative Defense in Fiduciary Misconduct Cases Introduction The case Estate of William R. Barney, Jr. v. PNC Bank, National Association (714 F.3d 920) addresses the...

Strict Deference Under AEDPA Affirmed in MOORE v. MITCHELL

Date: Apr 25, 2013

Strict Deference Under AEDPA Affirmed in MOORE v. MITCHELL Introduction MOORE v. MITCHELL, 708 F.3d 760 (6th Cir. 2013), serves as a pivotal case in understanding the boundaries of federal habeas...

Sixth Circuit Sets Precedent on Fairness and Adequacy in Class Action Settlements

Date: Apr 20, 2013

Sixth Circuit Sets Precedent on Fairness and Adequacy in Class Action Settlements Introduction In the landmark case Martha Vassalle et al. v. Midland Funding LLC et al., the United States Court of...

Establishing Nexus in Search Warrants: Insights from United States v. Kenneth Rose

Date: Apr 19, 2013

Establishing Nexus in Search Warrants: Insights from United States v. Kenneth Rose Introduction In the landmark case of United States v. Kenneth Rose, decided by the United States Court of Appeals...

Retaliation Claims in Employment Disputes: Insights from Fuhr v. Hazel Park School District

Date: Apr 13, 2013

Retaliation Claims in Employment Disputes: Insights from Fuhr v. Hazel Park School District Introduction The case of Geraldine A. Fuhr v. Hazel Park School District (710 F.3d 668) adjudicated by the...

Affirmation of Summary Judgment in Warf v. U.S. Department of Veterans Affairs Establishes Standards for Hostile Work Environment Claims

Date: Apr 12, 2013

Affirmation of Summary Judgment in Warf v. U.S. Department of Veterans Affairs Establishes Standards for Hostile Work Environment Claims Introduction Warf v. United States Department of Veterans...

Setting Aside Foreclosure Sales: High Standards Post-Redemption Period Lapse

Date: Apr 11, 2013

Setting Aside Foreclosure Sales: High Standards Post-Redemption Period Lapse Introduction The case of Michael J. Conlin v. Mortgage Electronic Registration Systems, Inc. (MERS) addresses critical...

Affirmation of Excessive Force Liability in Police Arrest: Martin v. City of Broadview Heights

Date: Apr 10, 2013

Affirmation of Excessive Force Liability in Police Arrest: Martin v. City of Broadview Heights 1. Introduction The case of Tanya A. Martin, Administratrix of the Estate of William Parker Martin,...

Reinforcing Securities Regulations in Reverse Merger Schemes: SEC v. Sierra Brokerage Services, Inc.

Date: Apr 5, 2013

Reinforcing Securities Regulations in Reverse Merger Schemes: SEC v. Sierra Brokerage Services, Inc. Introduction The case of United States Securities and Exchange Commission (SEC) v. Sierra...

Reaffirming Standards for Ineffective Assistance of Counsel in Habeas Corpus Petitions

Date: Apr 5, 2013

Reaffirming Standards for Ineffective Assistance of Counsel in Habeas Corpus Petitions Introduction The case of Dwayne Ballinger, Jr. v. John Prelesnik (709 F.3d 558) presents significant...

Retaliation Claims and Adverse Actions: Insights from A.C. v. Shelby County Board of Education

Date: Apr 2, 2013

Retaliation Claims and Adverse Actions: Insights from A.C. v. Shelby County Board of Education Introduction In the landmark case of A.C., by her next friend and mother, J.C., and father, B.C.; J.C....

Federal Habeas Corpus Relief Granted in Lovins v. Parker Based on Blakely Violation

Date: Mar 29, 2013

Federal Habeas Corpus Relief Granted in Lovins v. Parker Based on Blakely Violation Introduction In the case of Derry Lovins v. Tony Parker (712 F.3d 283, 6th Cir. 2013), the United States Court of...

Coley v. Bagley: Sixth Circuit Clarifies Standards for Ineffective Assistance of Counsel and Judicial Impartiality in Federal Habeas Corpus Appeals

Date: Mar 29, 2013

Coley v. Bagley: Sixth Circuit Clarifies Standards for Ineffective Assistance of Counsel and Judicial Impartiality in Federal Habeas Corpus Appeals Introduction In Coley v. Bagley, the United States...

Total and Permanent Disability Standards under ERISA: Sixth Circuit Affirms MetLife's Denial in Thomas Judge Case

Date: Mar 26, 2013

Total and Permanent Disability Standards under ERISA: Sixth Circuit Affirms MetLife's Denial in Thomas Judge Case Introduction The case of Thomas Judge v. Metropolitan Life Insurance Company (710...

Perceived Political Affiliation Retaliation in Employment: Analysis of Dye v. Office of the Racing Commission

Date: Mar 20, 2013

Perceived Political Affiliation Retaliation in Employment: Analysis of Dye v. Office of the Racing Commission Introduction In the case of Jeff Dye, Tammie Erskine, Patrick Hall, and Eric Perttunen v....

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