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  • Commentaries
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6th Circuit Case Commentaries

Forfeiture of Improper Service Defense Through Extensive Litigation Participation: Allen King Estate v. Eric Taylor

Forfeiture of Improper Service Defense Through Extensive Litigation Participation: Allen King Estate v. Eric Taylor

Date: Oct 20, 2012
Forfeiture of Improper Service Defense Through Extensive Litigation Participation: Allen King Estate v. Eric Taylor Introduction The case of Allen King and Bruce King, Administrators of the Estate of...
Affirmation of Summary Judgment in EJS Properties v. City of Toledo: Implications for Due Process and Equal Protection in Zoning Decisions

Affirmation of Summary Judgment in EJS Properties v. City of Toledo: Implications for Due Process and Equal Protection in Zoning Decisions

Date: Oct 19, 2012
Affirmation of Summary Judgment in EJS Properties v. City of Toledo: Implications for Due Process and Equal Protection in Zoning Decisions Introduction In EJS Properties, LLC v. City of Toledo, 698...
Reaffirming §1983 as Exclusive Remedy for §1981 Violations: McCormick v. Miami University

Reaffirming §1983 as Exclusive Remedy for §1981 Violations: McCormick v. Miami University

Date: Oct 19, 2012
Reaffirming §1983 as Exclusive Remedy for §1981 Violations: McCormick v. Miami University Introduction In the case of Regina Ann McCormick v. Miami University (693 F.3d 654, 6th Cir. 2012), the...
Affirmation of Summary Judgment in Age Discrimination Case: Establishing Key Precedents in Federal Evidence Law

Affirmation of Summary Judgment in Age Discrimination Case: Establishing Key Precedents in Federal Evidence Law

Date: Oct 18, 2012
Affirmation of Summary Judgment in Age Discrimination Case: Establishing Key Precedents in Federal Evidence Law Introduction The case of Robert G. Back v. Nestlé USA, Inc. (694 F.3d 571) adjudicated...
Sixth Circuit Upholds Equal Protection for Provisional Ballots Affected by Poll-Worker Error

Sixth Circuit Upholds Equal Protection for Provisional Ballots Affected by Poll-Worker Error

Date: Oct 12, 2012
Sixth Circuit Upholds Equal Protection for Provisional Ballots Affected by Poll-Worker Error Introduction The case of Northeast Ohio Coalition for the Homeless; Service Employees International Union,...
Affirming AEDPA’s Deference in Adjudicating Evidentiary Admission of Gang Affiliation: BLACKMON v. BOOKER

Affirming AEDPA’s Deference in Adjudicating Evidentiary Admission of Gang Affiliation: BLACKMON v. BOOKER

Date: Oct 10, 2012
Affirming AEDPA’s Deference in Adjudicating Evidentiary Admission of Gang Affiliation: BLACKMON v. BOOKER Introduction In Roy Blackmon v. Raymond Booker, Warden, 696 F.3d 536 (6th Cir. 2012), the...
6th Circuit Affirms Equal Protection Violation in Ohio's Early Voting Deadline Discrimination

6th Circuit Affirms Equal Protection Violation in Ohio's Early Voting Deadline Discrimination

Date: Oct 6, 2012
6th Circuit Affirms Equal Protection Violation in Ohio's Early Voting Deadline Discrimination Introduction The case of Obama for America; Democratic National Committee; Ohio Democratic Party v. Jon...
Qualified Immunity Upholds Taser Use in Active Resistance: Hagans v. Franklin County Sheriff's Office

Qualified Immunity Upholds Taser Use in Active Resistance: Hagans v. Franklin County Sheriff's Office

Date: Sep 29, 2012
Qualified Immunity Upholds Taser Use in Active Resistance: Hagans v. Franklin County Sheriff's Office Introduction Hagans v. Franklin County Sheriff's Office is a pivotal case adjudicated by the...
Enhancing Enforcement of the Fair Credit Reporting Act: Boggio v. USAA Reinforces Furnisher Responsibilities under §1681s–2(b)

Enhancing Enforcement of the Fair Credit Reporting Act: Boggio v. USAA Reinforces Furnisher Responsibilities under §1681s–2(b)

Date: Sep 28, 2012
Enhancing Enforcement of the Fair Credit Reporting Act: Boggio v. USAA Reinforces Furnisher Responsibilities under §1681s–2(b) 1. Introduction The case of Frank Boggio v. USAA Federal Savings Bank...
6th Circuit Affirms Strict Good Faith Requirements for Independent Candidacy in Jolivette v. Husted

6th Circuit Affirms Strict Good Faith Requirements for Independent Candidacy in Jolivette v. Husted

Date: Sep 27, 2012
6th Circuit Affirms Strict Good Faith Requirements for Independent Candidacy in Jolivette v. Husted Introduction In Greg Jolivette v. Jon Husted et al., the United States Court of Appeals for the...
Federal Jurisdiction Over Preemption-Based Challenges: Analysis of Chase Bank USA, N.A. v. City of Cleveland

Federal Jurisdiction Over Preemption-Based Challenges: Analysis of Chase Bank USA, N.A. v. City of Cleveland

Date: Sep 27, 2012
Federal Jurisdiction Over Preemption-Based Challenges: Analysis of Chase Bank USA, N.A. v. City of Cleveland Introduction The case of Chase Bank USA, N.A., et al. v. City of Cleveland, adjudicated by...
Affirmation of First Amendment Retaliation Protections for Public Employees in Handy-Clay v. City of Memphis

Affirmation of First Amendment Retaliation Protections for Public Employees in Handy-Clay v. City of Memphis

Date: Sep 26, 2012
Affirmation of First Amendment Retaliation Protections for Public Employees in Handy-Clay v. City of Memphis Introduction The case of Bridgett Handy–Clay v. City of Memphis addresses significant...
Affirmation of Medicare Fraud Conviction and Admissibility of Other Acts Evidence in United States v. De Oleo

Affirmation of Medicare Fraud Conviction and Admissibility of Other Acts Evidence in United States v. De Oleo

Date: Sep 21, 2012
Affirmation of Medicare Fraud Conviction and Admissibility of Other Acts Evidence in United States v. De Oleo Introduction The case of United States of America v. Juan De Oleo (697 F.3d 338) presents...
Strict Application of AEDPA and Procedural Defaults Affirmed in Franklin v. Bradshaw

Strict Application of AEDPA and Procedural Defaults Affirmed in Franklin v. Bradshaw

Date: Sep 20, 2012
Strict Application of AEDPA and Procedural Defaults Affirmed in Franklin v. Bradshaw Introduction Antonio Franklin, a death-row inmate in Ohio, challenged his conviction and sentence through a...
Defining 'Violent Felony' under the ACCA: Sixth Circuit Upholds Ohio's Aggravated Assault as a Predicate Offense

Defining 'Violent Felony' under the ACCA: Sixth Circuit Upholds Ohio's Aggravated Assault as a Predicate Offense

Date: Sep 14, 2012
Defining 'Violent Felony' under the ACCA: Sixth Circuit Upholds Ohio's Aggravated Assault as a Predicate Offense Introduction In United States of America v. Ramone Anderson, 695 F.3d 390 (6th Cir....
Limits of Purposeful Availment in Personal Jurisdiction: Ke v. Miller

Limits of Purposeful Availment in Personal Jurisdiction: Ke v. Miller

Date: Sep 14, 2012
Limits of Purposeful Availment in Personal Jurisdiction: Ke v. Miller Introduction The case of Kevin Miller v. AXA Winterthur Insurance Company, adjudicated by the United States Court of Appeals for...
Collective Knowledge Doctrine Affirmed: Enhancing Reasonable Suspicion in Traffic Stops

Collective Knowledge Doctrine Affirmed: Enhancing Reasonable Suspicion in Traffic Stops

Date: Sep 12, 2012
Collective Knowledge Doctrine Affirmed: Enhancing Reasonable Suspicion in Traffic Stops Introduction In United States v. Katrina Lyons, the United States Court of Appeals for the Sixth Circuit...
State Action in Repossession: 6th Circuit Clarifies Fourth Amendment Protections

State Action in Repossession: 6th Circuit Clarifies Fourth Amendment Protections

Date: Sep 12, 2012
State Action in Repossession: 6th Circuit Clarifies Fourth Amendment Protections Introduction In the landmark case Sheila Hensley and McClellan Hensley, Sr. v. Ronald Gassman, d/b/a RepoRon,...
Harmless Error in Credibility Determinations: Ulman v. Commissioner of Social Security

Harmless Error in Credibility Determinations: Ulman v. Commissioner of Social Security

Date: Sep 8, 2012
Harmless Error in Credibility Determinations: Ulman v. Commissioner of Social Security Introduction In the case of Lynn A. Ulman v. Commissioner of Social Security, the United States Court of Appeals...
Affirmation of Qualified Immunity in Excessive Force and Illegal Search Claims: Marcialis II v. Township of Redford

Affirmation of Qualified Immunity in Excessive Force and Illegal Search Claims: Marcialis II v. Township of Redford

Date: Sep 7, 2012
Affirmation of Qualified Immunity in Excessive Force and Illegal Search Claims: Marcialis II v. Township of Redford 1. Introduction Marcialis II v. Township of Redford is a significant civil rights...
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