6th Circuit Case Commentaries

Hodge v. Haeberlin (6th Cir. 2009): Reinforcing Standards for Ineffective Assistance of Counsel under Strickland

Date: Sep 5, 2009

Hodge v. Haeberlin (6th Cir. 2009): Reinforcing Standards for Ineffective Assistance of Counsel under Strickland Introduction Benny Lee Hodge, Petitioner-Appellant, v. Glenn Haeberlin, Warden,...

Hensley Manufacturing v. ProPride: Defining Fair Use in Trademark Infringement Cases

Date: Sep 4, 2009

Hensley Manufacturing v. ProPride: Defining Fair Use in Trademark Infringement Cases 1. Introduction The case of Hensley Manufacturing, Inc. v. ProPride, Inc. addresses pivotal issues surrounding...

Sherwood v. Prelesnik: Sixth Circuit Affirms Equitable Tolling of AEDPA’s Statute of Limitations During Pending State Post-Conviction Motions

Date: Sep 4, 2009

Sherwood v. Prelesnik: Sixth Circuit Affirms Equitable Tolling of AEDPA’s Statute of Limitations During Pending State Post-Conviction Motions 1. Introduction In Sherwood v. Prelesnik, 579 F.3d 581...

Taxpayer Standing in Establishment Clause Claims: Insights from PEDREIRA v. KENTUCKY BAPTIST HOMES FOR CHILDREN

Date: Sep 1, 2009

Taxpayer Standing in Establishment Clause Claims: Insights from PEDREIRA v. KENTUCKY BAPTIST HOMES FOR CHILDREN Introduction In PEDREIRA v. KENTUCKY BAPTIST HOMES FOR CHILDREN, Inc., the United...

Affirmation of Tennessee's Statute of Repose in Products Liability: MONTGOMERY v. WYETH

Date: Aug 29, 2009

Affirmation of Tennessee's Statute of Repose in Products Liability: MONTGOMERY v. WYETH Introduction MONTGOMERY v. WYETH, 580 F.3d 455 (6th Cir. 2009), addresses critical issues in products liability...

Reversal of Social Security Disability Denial in Simpson v. Commissioner of Social Security

Date: Aug 28, 2009

Reversal of Social Security Disability Denial in Simpson v. Commissioner of Social Security Introduction Nebra A. Simpson appealed a district court decision that upheld the Commissioner of Social...

Protected Liberty Interests and Religious Accommodations in Prison: Insights from Heard v. Caruso

Date: Aug 28, 2009

Protected Liberty Interests and Religious Accommodations in Prison: Insights from Heard v. Caruso Introduction In the appellate case Lamont Bernard Heard v. Patricia Caruso, heard on August 27, 2009,...

Mixed-Motive FMLA Retaliation Claims: Reversing Summary Judgment in Hunter v. Valley View Local Schools

Date: Aug 27, 2009

Mixed-Motive FMLA Retaliation Claims: Reversing Summary Judgment in Hunter v. Valley View Local Schools Introduction The case of Eunice Hunter v. Valley View Local Schools presents a significant...

United States v. Brown: Defining Lasciviousness in Child Exploitation Cases

Date: Aug 27, 2009

United States v. Brown: Defining Lasciviousness in Child Exploitation Cases Introduction United States v. Brown, 579 F.3d 672 (6th Cir. 2009), is a pivotal case in the realm of federal child...

Equal Access to Justice Act: EAJA Fees Payable to Prevailing Parties Affirmed

Date: Aug 25, 2009

Equal Access to Justice Act: EAJA Fees Payable to Prevailing Parties Affirmed Introduction In the case of Clarence Bryant and John C. Turner v. Commissioner of Social Security, the United States...

Mandamus Denied: Work-Product and Attorney-Client Privilege in Discovery Orders

Date: Aug 25, 2009

Mandamus Denied: Work-Product and Attorney-Client Privilege in Discovery Orders Introduction In the case of In re Professionals Direct Insurance Company, 578 F.3d 432 (6th Cir. 2009), the United...

Exigent Circumstances and Police Entry: Insights from Brenda Brooks v. Da

Date: Aug 22, 2009

Exigent Circumstances and Police Entry: Insights from Brenda Brooks v. Da Introduction Brenda Brooks v. Da, 577 F.3d 701 (6th Cir. 2009), is a pivotal case in understanding the boundaries of exigent...

Enforcement of Mandatory Restitution under the MVRA: Insights from United States v. Elson

Date: Aug 22, 2009

Enforcement of Mandatory Restitution under the MVRA: Insights from United States v. Elson Introduction The case of United States v. Martin W. Elson, decided by the United States Court of Appeals for...

Enhancing the Prima Facie Framework in Housing Discrimination: Insights from LINDSAY v. YATES

Date: Aug 22, 2009

Enhancing the Prima Facie Framework in Housing Discrimination: Insights from LINDSAY v. YATES Introduction The case of Douglas Lindsay Sr., et al. v. Brent Yates, et al., decided by the United States...

Affirmation of RICO Conspiracy Conviction and Use of Anonymous Jury in Organized Crime Case

Date: Aug 21, 2009

Affirmation of RICO Conspiracy Conviction and Use of Anonymous Jury in Organized Crime Case Introduction In the case of United States of America v. Rex A. Deitz (577 F.3d 672), the United States...

Interpretation and Application of the Treating Physician Rule in Residual Functional Capacity Assessments: McGrew v. Commissioner of Social Security

Date: Aug 20, 2009

Interpretation and Application of the Treating Physician Rule in Residual Functional Capacity Assessments: McGrew v. Commissioner of Social Security Introduction The case of Cindy R. McGrew v....

Reinforcing Statute of Limitations and Exhaustion of Remedies in Prisoner Medical Negligence Claims: Scott v. Ambani et al.

Date: Aug 19, 2009

Reinforcing Statute of Limitations and Exhaustion of Remedies in Prisoner Medical Negligence Claims: Scott v. Ambani et al. Introduction James Scott, a lifelong inmate serving a life sentence,...

Affirming the Use of Co-Conspirator Statements and Anonymous Juries in RICO Cases: United States v. Warman

Date: Aug 19, 2009

Affirming the Use of Co-Conspirator Statements and Anonymous Juries in RICO Cases: United States v. Warman Introduction In the case of United States of America v. Steven E. Warman, the United States...

Reaffirming ALJ Deference in Residual Functional Capacity Assessments: Insights from Poe v. Commissioner of Social Security

Date: Aug 19, 2009

Reaffirming ALJ Deference in Residual Functional Capacity Assessments: Insights from Poe v. Commissioner of Social Security Introduction The case of Doris A. Poe v. Commissioner of Social Security...

Affirmation of Dismissal in Hybrid §301 Claims: Sixth Circuit Clarifies Union and Employer Responsibilities

Date: Aug 19, 2009

Affirmation of Dismissal in Hybrid §301 Claims: Sixth Circuit Clarifies Union and Employer Responsibilities Introduction The case of Charles Courie et al. v. ALCOA Wheel Forged Products et al....

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