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  • Commentaries
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6th Circuit Case Commentaries

Clarifying the 'Legislative Employee' Exclusion under FLSA: Ellington v. City of East Cleveland

Clarifying the 'Legislative Employee' Exclusion under FLSA: Ellington v. City of East Cleveland

Date: Aug 7, 2012
Clarifying the 'Legislative Employee' Exclusion under FLSA: Ellington v. City of East Cleveland Introduction Ellington v. City of East Cleveland is a landmark decision by the United States Court of...
Clarifying the Prerequisites for Punitive Damages in Insurance Bad Faith Claims under Tenn. Code §56-7-105

Clarifying the Prerequisites for Punitive Damages in Insurance Bad Faith Claims under Tenn. Code §56-7-105

Date: Aug 4, 2012
Clarifying the Prerequisites for Punitive Damages in Insurance Bad Faith Claims under Tenn. Code §56-7-105 Introduction In the case of The HEIL CO., d/b/a Heil Environmental v. Evanston Insurance...
Judicial Immunity Affirmed in Sixth Circuit: DeWeese v. Leech and Griffeth

Judicial Immunity Affirmed in Sixth Circuit: DeWeese v. Leech and Griffeth

Date: Aug 4, 2012
Judicial Immunity Affirmed in Sixth Circuit: DeWeese v. Leech and Griffeth Introduction The case of Jennifer Leech; Edwin Griffeth, Plaintiffs–Appellees, v. James DeWeese, the Honorable Judge, in His...
Retroactive Application of Begay: Implications from Ricky Jones v. United States

Retroactive Application of Begay: Implications from Ricky Jones v. United States

Date: Aug 1, 2012
Retroactive Application of Begay: Implications from Ricky Jones v. United States Introduction The case Ricky Jones v. United States (689 F.3d 621) adjudicated by the United States Court of Appeals...
Sixth Circuit Rules Kentucky Bar Association's Ethical Rule 8.2(a) Violates Attorney's First Amendment Rights

Sixth Circuit Rules Kentucky Bar Association's Ethical Rule 8.2(a) Violates Attorney's First Amendment Rights

Date: Jul 28, 2012
Sixth Circuit Rules Kentucky Bar Association's Ethical Rule 8.2(a) Violates Attorney's First Amendment Rights Introduction In the landmark case of John M. Berry, Jr. v. Michael J. Schmitt, the United...
Jackson v. Bradshaw: 6th Circuit Upholds Validity of Penalty Phase Jury Instructions Post-Mitts II

Jackson v. Bradshaw: 6th Circuit Upholds Validity of Penalty Phase Jury Instructions Post-Mitts II

Date: Jul 26, 2012
Jackson v. Bradshaw: 6th Circuit Upholds Validity of Penalty Phase Jury Instructions Post-Mitts II Introduction In Jackson v. Bradshaw, the United States Court of Appeals for the Sixth Circuit...
Affirmation of State Court Discretion under AEDPA: Insights from Cle v. Jackson, 6th Circuit

Affirmation of State Court Discretion under AEDPA: Insights from Cle v. Jackson, 6th Circuit

Date: Jul 25, 2012
Affirmation of State Court Discretion under AEDPA: Insights from Cle v. Jackson, 6th Circuit Introduction Cle v. Land R. Jackson, 687 F.3d 723 (6th Cir. 2012), is a pivotal case that explores the...
Exclusivity of NLRB Jurisdiction in Representational Disputes: DiPonio Construction Co. v. Bricklayers

Exclusivity of NLRB Jurisdiction in Representational Disputes: DiPonio Construction Co. v. Bricklayers

Date: Jul 25, 2012
Exclusivity of NLRB Jurisdiction in Representational Disputes: DiPonio Construction Co. v. Bricklayers Introduction The case of DiPonio Construction Company, Inc. v. International Union of...
Affirmation of No Deliberate Indifference in Prison Medical Treatment: Bruederle v. Louisville Metro

Affirmation of No Deliberate Indifference in Prison Medical Treatment: Bruederle v. Louisville Metro

Date: Jul 25, 2012
Affirmation of No Deliberate Indifference in Prison Medical Treatment: Bruederle v. Louisville Metro Introduction David Bruederle v. Louisville Metro Government et al. is a pivotal case adjudicated...
Exhaustion of RLA Arbitral Processes Not Jurisdictional: Insights from Emswiler v. CSX Transportation

Exhaustion of RLA Arbitral Processes Not Jurisdictional: Insights from Emswiler v. CSX Transportation

Date: Jul 21, 2012
Exhaustion of RLA Arbitral Processes Not Jurisdictional: Insights from Emswiler v. CSX Transportation Introduction In Emswiler v. CSX Transportation, Inc., adjudicated by the United States Court of...
Ineffective Assistance of Counsel in Appeal Waiver Cases: Campbell v. United States

Ineffective Assistance of Counsel in Appeal Waiver Cases: Campbell v. United States

Date: Jul 20, 2012
Ineffective Assistance of Counsel in Appeal Waiver Cases: Campbell v. United States Introduction Campbell v. United States is a landmark decision by the United States Court of Appeals for the Sixth...
Comprehensive Commentary on In re Porsche Cars North America, Inc. Plastic Coolant Tubes Products Liability Litigation

Comprehensive Commentary on In re Porsche Cars North America, Inc. Plastic Coolant Tubes Products Liability Litigation

Date: Jul 20, 2012
Comprehensive Commentary on In re Porsche Cars North America, Inc. Plastic Coolant Tubes Products Liability Litigation Introduction This commentary provides an in-depth analysis of the United States...
Reaffirming De Novo Review of Unaddressed Strickland Prongs in Habeas Corpus Claims

Reaffirming De Novo Review of Unaddressed Strickland Prongs in Habeas Corpus Claims

Date: Jul 13, 2012
Reaffirming De Novo Review of Unaddressed Strickland Prongs in Habeas Corpus Claims Introduction The case of Floyd Earl Rayner III v. Da (685 F.3d 631) adjudicated by the United States Court of...
Eighth Amendment Implications for Consecutive Fixed-Term Sentences in Juvenile Nonhomicide Cases: An Analysis of Chaz Bunch v. Keith Smith

Eighth Amendment Implications for Consecutive Fixed-Term Sentences in Juvenile Nonhomicide Cases: An Analysis of Chaz Bunch v. Keith Smith

Date: Jul 7, 2012
Eighth Amendment Implications for Consecutive Fixed-Term Sentences in Juvenile Nonhomicide Cases: An Analysis of Chaz Bunch v. Keith Smith Introduction The case of Chaz Bunch v. Keith Smith,...
Limits on Independent Campaign Expenditures and First Amendment Rights: An Analysis of McNeilly v. Land

Limits on Independent Campaign Expenditures and First Amendment Rights: An Analysis of McNeilly v. Land

Date: Jul 4, 2012
Limits on Independent Campaign Expenditures and First Amendment Rights: An Analysis of McNeilly v. Land Introduction Greg McNeilly, the plaintiff-appellant, brought forth a legal challenge against...
Clarifying Pleading Standards in Race Discrimination Claims: Keys v. Humana, Inc. Sets Precedent

Clarifying Pleading Standards in Race Discrimination Claims: Keys v. Humana, Inc. Sets Precedent

Date: Jul 3, 2012
Clarifying Pleading Standards in Race Discrimination Claims: Keys v. Humana, Inc. Sets Precedent Introduction Kathryn Keys v. Humana, Inc., 684 F.3d 605 (6th Cir. 2012), is a pivotal case in...
Appellate Reversal in V & M Star Steel v. Centimark Corporation: Affirming the Role of Expert Testimony in Negligence and Breach of Contract Claims

Appellate Reversal in V & M Star Steel v. Centimark Corporation: Affirming the Role of Expert Testimony in Negligence and Breach of Contract Claims

Date: Jul 3, 2012
Appellate Reversal in V & M Star Steel v. Centimark Corporation: Affirming the Role of Expert Testimony in Negligence and Breach of Contract Claims Introduction The appellate decision in V & M Star...
Affirmation of Wire Fraud Convictions for Attorneys Misapplying Aggregate Settlement Rules

Affirmation of Wire Fraud Convictions for Attorneys Misapplying Aggregate Settlement Rules

Date: Jun 28, 2012
Affirmation of Wire Fraud Convictions for Attorneys Misapplying Aggregate Settlement Rules Introduction The case of UNITED STATES of America v. Shirley A. Cunningham, Jr. and William J. Gallion...
Defining 'Regarded as' Disabled under the ADA: Insights from Gecewicz v. Henry Ford Macomb Hospital Corp.

Defining 'Regarded as' Disabled under the ADA: Insights from Gecewicz v. Henry Ford Macomb Hospital Corp.

Date: Jun 23, 2012
Defining 'Regarded as' Disabled under the ADA: Insights from Gecewicz v. Henry Ford Macomb Hospital Corp. Introduction The case of Janice Gecewicz v. Henry Ford Macomb Hospital Corporation, decided...
Strict Adherence to Rule 9(b) Pleading Standards in Kentucky Securities Fraud Litigation: Republic Bank v. Bear Stearns Affirmed

Strict Adherence to Rule 9(b) Pleading Standards in Kentucky Securities Fraud Litigation: Republic Bank v. Bear Stearns Affirmed

Date: Jun 21, 2012
Strict Adherence to Rule 9(b) Pleading Standards in Kentucky Securities Fraud Litigation: Republic Bank v. Bear Stearns Affirmed Introduction The case of Republic Bank & Trust Company v. Bear Stearns...
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