6th Circuit Case Commentaries

Procedural Default and Ineffective Assistance of Counsel: Insights from Carter v. Mitchell

Date: Sep 7, 2012

Procedural Default and Ineffective Assistance of Counsel: Insights from Carter v. Mitchell Introduction Cedric Carter v. Betty Mitchell, Warden is a pivotal case adjudicated by the United States...

Clarifying the Scope of 18 U.S.C. § 1519: Sixth Circuit Affirms No Nexus Requirement

Date: Sep 1, 2012

Clarifying the Scope of 18 U.S.C. § 1519: Sixth Circuit Affirms No Nexus Requirement Introduction The case of United States of America v. John E. Gray examines critical aspects of federal statutes...

Strengthening Pleading Standards for Municipal Liability under 42 U.S.C. §1983: Insights from Okolo v. Metropolitan Government of Nashville

Date: Aug 31, 2012

Strengthening Pleading Standards for Municipal Liability under 42 U.S.C. §1983: Insights from Okolo v. Metropolitan Government of Nashville Introduction Oranefo Okolo, the plaintiff, initiated a...

6th Circuit Upholds Employer's Progressive Discipline in Retaliation Suit – Tingle v. Arbors at Hilliard

Date: Aug 30, 2012

6th Circuit Upholds Employer's Progressive Discipline in Retaliation Suit – Tingle v. Arbors at Hilliard Introduction In the case of Carole A. Tingle v. Arbors at Hilliard; Hilliard Care, LLC; and...

Enhanced Fair Cross-Section in Jury Selection: AMBROSE v. BOOKER Analysis

Date: Aug 30, 2012

Enhanced Fair Cross-Section in Jury Selection: AMBROSE v. BOOKER Analysis Introduction AMBROSE v. BOOKER is a pivotal case adjudicated by the United States Court of Appeals for the Sixth Circuit on...

Affirmation of AEDPA Deference and Guilty Plea Waiver of Self-Representation Rights in Werth v. Bell

Date: Aug 29, 2012

Affirmation of AEDPA Deference and Guilty Plea Waiver of Self-Representation Rights in Werth v. Bell Introduction In Gerald L. Werth v. Thomas Bell, 692 F.3d 486 (6th Cir. 2012), the United States...

Qualified Immunity Affirmed When Conduct Does Not Constitute an Affirmative Act of Obstruction

Date: Aug 25, 2012

Qualified Immunity Affirmed When Conduct Does Not Constitute an Affirmative Act of Obstruction Introduction The case of Judi Patrizi v. Scott W. Huff, Thomas W. Connole, decided by the United States...

Expansion of Cat's Paw Liability in Racial Discrimination Cases under Title VII

Date: Aug 24, 2012

Expansion of Cat's Paw Liability in Racial Discrimination Cases under Title VII Introduction In the case of Everett Chattman v. Toho Tenax America, Inc., the United States Court of Appeals for the...

Probable Cause and Execution Timing in Search Warrants: Insights from Archibald v. United States

Date: Aug 23, 2012

Probable Cause and Execution Timing in Search Warrants: Insights from Archibald v. United States Introduction In the appellate case United States of America v. Robert Lee Archibald, Jr., aka Chan;...

False Representation in Mortgage Foreclosure: Sixth Circuit Reverses Dismissal under FDCPA

Date: Aug 23, 2012

False Representation in Mortgage Foreclosure: Sixth Circuit Reverses Dismissal under FDCPA Introduction The case of Betty Wallace v. Washington Mutual Bank, F.A.; Wells Fargo Bank N.A.; Lerner,...

Reversing Summary Judgment in Title VII Race-Discrimination Case: Griffin v. Finkbeiner

Date: Aug 21, 2012

Reversing Summary Judgment in Title VII Race-Discrimination Case: Griffin v. Finkbeiner Introduction In the landmark case of Perlean Griffin; Dwayne Morehead, Plaintiffs, Gary L. Daugherty,...

Class-of-One Equal Protection Claim in Zoning Ordinances: Loesel v. City of Frankenmuth

Date: Aug 21, 2012

Class-of-One Equal Protection Claim in Zoning Ordinances: Loesel v. City of Frankenmuth Introduction The case of Ronald Loesel et al. v. City of Frankenmuth (692 F.3d 452, 6th Cir. 2012) presents a...

First Amendment Retaliation in Correctional Facilities: Establishing Accountability in Ke v. KING

Date: Aug 17, 2012

First Amendment Retaliation in Correctional Facilities: Establishing Accountability in Ke v. KING Introduction Ke v. KING, (680 F.3d 686), is a landmark decision by the United States Court of Appeals...

6th Circuit Reinforces Sufficiency of Evidence Standard in Extortion Convictions – NALI v. PHILLIPS

Date: Aug 17, 2012

6th Circuit Reinforces Sufficiency of Evidence Standard in Extortion Convictions – NALI v. PHILLIPS Introduction The case of Frank Nali v. Thomas Phillips (681 F.3d 837, 6th Cir. 2012) presents a...

Sixth Circuit Affirms Denial of Fair Use Defense and Upholds Copyright Infringement in Bosley v. Larry Flynt Publications

Date: Aug 17, 2012

Sixth Circuit Affirms Denial of Fair Use Defense and Upholds Copyright Infringement in Bosley v. Larry Flynt Publications Introduction In the case of Catherine Balsley (a/k/a Catherine Bosley) and...

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6th Circuit Case Commentaries

Procedural Default and Ineffective Assistance of Counsel: Insights from Carter v. Mitchell

Clarifying the Scope of 18 U.S.C. § 1519: Sixth Circuit Affirms No Nexus Requirement

Strengthening Pleading Standards for Municipal Liability under 42 U.S.C. §1983: Insights from Okolo v. Metropolitan Government of Nashville

6th Circuit Upholds Employer's Progressive Discipline in Retaliation Suit – Tingle v. Arbors at Hilliard

Enhanced Fair Cross-Section in Jury Selection: AMBROSE v. BOOKER Analysis

Affirmation of AEDPA Deference and Guilty Plea Waiver of Self-Representation Rights in Werth v. Bell

Qualified Immunity Affirmed When Conduct Does Not Constitute an Affirmative Act of Obstruction

Expansion of Cat's Paw Liability in Racial Discrimination Cases under Title VII

Probable Cause and Execution Timing in Search Warrants: Insights from Archibald v. United States

False Representation in Mortgage Foreclosure: Sixth Circuit Reverses Dismissal under FDCPA

Reversing Summary Judgment in Title VII Race-Discrimination Case: Griffin v. Finkbeiner

Class-of-One Equal Protection Claim in Zoning Ordinances: Loesel v. City of Frankenmuth

First Amendment Retaliation in Correctional Facilities: Establishing Accountability in Ke v. KING

6th Circuit Reinforces Sufficiency of Evidence Standard in Extortion Convictions – NALI v. PHILLIPS

Sixth Circuit Affirms Denial of Fair Use Defense and Upholds Copyright Infringement in Bosley v. Larry Flynt Publications

No Fourth Amendment Violation in GPS Cell Phone Tracking: Analysis of United States v. Skinner

Green v. Throckmorton: Establishing Standards for Reasonable Suspicion and Qualified Immunity in DUI Arrests

Enhanced First Amendment Protections for Public Employees: Insights from Mosholder v. Barnhardt

Establishing Mixed-Motive Discrimination Claims: Ondricko v. MGM Grand Detroit

Affirmation of Denial of Qualified Immunity in Excessive Force Case: Austin v. Redford Township Police Department