6th Circuit Case Commentaries

Reversal of Summary Judgment in Gallagher v. C.H. Robinson Worldwide, Inc.: Establishing Robust Standards for Hostile Work Environment Claims

Date: May 23, 2009

Reversal of Summary Judgment in Gallagher v. C.H. Robinson Worldwide, Inc.: Establishing Robust Standards for Hostile Work Environment Claims Introduction The case of Julie Gallagher v. C.H. Robinson...

Promissory Estoppel Requires Clear and Unambiguous Promises: Commerce Benefits Group v. McKesson

Date: May 21, 2009

Promissory Estoppel Requires Clear and Unambiguous Promises: Commerce Benefits Group v. McKesson Introduction Commerce Benefits Group, Inc. (“CBG”) initiated a lawsuit against McKesson Corporation...

Affirmation of Firearms and Methamphetamine Manufacturing Convictions: Roberge v. United States

Date: May 21, 2009

Affirmation of Firearms and Methamphetamine Manufacturing Convictions: Roberge v. United States Introduction In the case of United States of America v. Gary Roberge, the defendant, Gary Roberge,...

Affirmation of Probable Cause and Sentencing Guidelines in U.S. v. Lee Henry Berry

Date: May 15, 2009

Affirmation of Probable Cause and Sentencing Guidelines in U.S. v. Lee Henry Berry (565 F.3d 332) Introduction United States v. Lee Henry Berry is a pivotal case decided by the United States Court of...

Requirement for Corroborating Evidence in Asylum Claims: Upholding the Substantial Evidence Standard in Yinggui Lin v. Holder

Date: May 15, 2009

Requirement for Corroborating Evidence in Asylum Claims: Upholding the Substantial Evidence Standard in Yinggui Lin v. Holder Introduction Yinggui Lin v. Eric H. Holder, Jr., United States Attorney...

Affirmation of Non-Dischargeability for Defalcation by Fiduciary Contractors under Section 523(a)(4): In re Patel

Date: May 13, 2009

Affirmation of Non-Dischargeability for Defalcation by Fiduciary Contractors under Section 523(a)(4): In re Patel Introduction The case of In re Sameer B. Patel, Debtor versus Shamrock Floorcovering...

Affirmation and Partial Reversal in Vesligaj v. Peterson: Implications for Default Judgments and Equity Interest Valuation

Date: May 12, 2009

Affirmation and Partial Reversal in Vesligaj v. Peterson: Implications for Default Judgments and Equity Interest Valuation Introduction The case of Mark Vesligaj v. Michael Peterson; Dialysis...

Retroactive Sentencing Adjustments Do Not Override Statutory Mandatory Minimums: Affirmation in United States v. Garrett Johnson

Date: May 6, 2009

Retroactive Sentencing Adjustments Do Not Override Statutory Mandatory Minimums: Affirmation in United States v. Garrett Johnson Introduction In the case of United States of America v. Garrett...

Vandiver v. Correctional Medical Services: Clarifying Exhaustion under the PLRA

Date: May 2, 2009

Vandiver v. Correctional Medical Services: Clarifying Exhaustion under the PLRA Introduction In Vandiver v. Correctional Medical Services, Inc., 326 F. App'x 885 (6th Cir. 2009), the United States...

Limits on Ineffective Assistance Claims: Post-Future-Law Arguments Under Strickland in Nichols v. United States

Date: Apr 30, 2009

Limits on Ineffective Assistance Claims: Post-Future-Law Arguments Under Strickland in Nichols v. United States Introduction In Nichols v. United States, the United States Court of Appeals for the...

Sovereign Immunity and Monetary Damages under RLUIPA: Cardinal v. Metrish

Date: Apr 25, 2009

Sovereign Immunity and Monetary Damages under RLUIPA: Cardinal v. Metrish Introduction Gerald William Cardinal v. Linda Metrish is a significant case decided by the United States Court of Appeals for...

HALL v. VASBINDER: Upholding Fifth Amendment Protections and Setting Standards for Habeas Relief

Date: Apr 23, 2009

HALL v. VASBINDER: Upholding Fifth Amendment Protections and Setting Standards for Habeas Relief Introduction HALL v. VASBINDER, 563 F.3d 222 (6th Cir. 2009), is a pivotal case adjudicated by the...

Sixth Circuit Upholds One-Year Statute of Limitations for 42 U.S.C. § 1983 Claims: Sha'rewa Bonner v. Da

Date: Apr 21, 2009

Sixth Circuit Upholds One-Year Statute of Limitations for 42 U.S.C. § 1983 Claims: Sha'rewa Bonner v. Da Introduction In the landmark case of Sha'rewa Bonner v. Da, the United States Court of Appeals...

Da v. Lowe’s Home Centers: Establishing the Admissibility of Differential Diagnosis in Medical-Causation Expert Testimony

Date: Apr 17, 2009

Da v. Lowe’s Home Centers: Establishing the Admissibility of Differential Diagnosis in Medical-Causation Expert Testimony Introduction In Da v. Lowe’s Home Centers, Inc., the United States Court of...

Limitation of Statutory Damages Under TCPA and CSPA: Impact on Diversity Jurisdiction

Date: Apr 10, 2009

Limitation of Statutory Damages Under TCPA and CSPA: Impact on Diversity Jurisdiction Introduction The case of Philip Charvat v. GVN Michigan, Inc. (561 F.3d 623, 2009) addresses significant issues...

Affirmation of Firearm-Related Convictions: A Comprehensive Analysis of United States v. Clay

Date: Apr 9, 2009

Affirmation of Firearm-Related Convictions: A Comprehensive Analysis of United States v. Clay Introduction United States v. Celina May Clay is a landmark case adjudicated by the United States Court...

Sixth Circuit Expands EMTALA Liability to Estate Representatives in Moses v. Providence Hospital

Date: Apr 7, 2009

Sixth Circuit Expands EMTALA Liability to Estate Representatives in Moses v. Providence Hospital Introduction In the landmark case Johnella Richmond Moses v. Providence Hospital and Medical Centers,...

Affirmation of Non-Misleading Debt Collection Practices under the FDCPA: United States v. Javitch, Block Rathbone

Date: Apr 7, 2009

Affirmation of Non-Misleading Debt Collection Practices under the FDCPA: United States v. Javitch, Block Rathbone 1. Introduction In United States v. Javitch, Block Rathbone, 561 F.3d 588 (6th Cir....

Sixth Circuit Holds Violation of Collective Bargaining Agreement Not a Jurisdictional Prerequisite under §301 LMRA in Tackett v. M G Polymers

Date: Apr 4, 2009

Sixth Circuit Holds Violation of Collective Bargaining Agreement Not a Jurisdictional Prerequisite under §301 LMRA in Tackett v. M G Polymers Introduction The case of Tackett v. M G Polymers, USA,...

Establishing New Grounds for Hearsay Exceptions and Collateral Estoppel in Employment Discrimination Cases: Cobbins v. Tennessee Department of Transportation

Date: Apr 3, 2009

Establishing New Grounds for Hearsay Exceptions and Collateral Estoppel in Employment Discrimination Cases: Cobbins v. Tennessee Department of Transportation Introduction Gregory Cobbins v. Tennessee...

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