6th Circuit Case Commentaries

Reinforcing AEDPA's Deference in Sufficiency of Evidence and Ineffective Assistance Claims: Davis v. Lafler

Date: Oct 4, 2011

Reinforcing AEDPA's Deference in Sufficiency of Evidence and Ineffective Assistance Claims: Davis v. Lafler Introduction Tony Davis, the petitioner, was convicted by a Michigan jury of aiding and...

Nidal Bazzi v. City of Dearborn: Sixth Circuit Establishes New Standards for Civil Conspiracy Claims under § 1983

Date: Sep 30, 2011

Nidal Bazzi v. City of Dearborn: Sixth Circuit Establishes New Standards for Civil Conspiracy Claims under § 1983 Introduction In Nidal Bazzi, Plaintiff-Appellant, v. City of Dearborn; Marwan Haidar;...

Enhancing the Treating Physician Rule in Social Security Disability Determinations: Cole v. Astrue

Date: Sep 23, 2011

Enhancing the Treating Physician Rule in Social Security Disability Determinations: Cole v. Astrue Introduction Richard L. Cole filed a lawsuit against Michael Astrue, Commissioner of Social...

Limiting Class Action Suitability in ERISA Fiduciary Breach Cases: Sixth Circuit Decision in Blue Cross v. Pipefitters Local 636

Date: Sep 21, 2011

Limiting Class Action Suitability in ERISA Fiduciary Breach Cases: Sixth Circuit Decision in Blue Cross v. Pipefitters Local 636 Introduction The case of Pipefitters Local 636 Insurance Fund,...

Establishing Damages in Default Judgments: Insights from Flynn v. People’s Choice Home Loans, Inc.

Date: Sep 10, 2011

Establishing Damages in Default Judgments: Insights from Flynn v. People’s Choice Home Loans, Inc. Introduction In the case of William M. Flynn, aka William Michael Flynn v. People's Choice Home...

Threshold of Risk for Medical Monitoring: Sixth Circuit Affirms Summary Judgment in Toxic Tort Case

Date: Sep 9, 2011

Threshold of Risk for Medical Monitoring: Sixth Circuit Affirms Summary Judgment in Toxic Tort Case Introduction The case of Jonathan Hirsch; Jeanne Myers, Individually and on behalf of all others...

JALOWIEC v. BRADSHAW: Clarifying Materiality of Brady Violations and Conflict of Interest in Effective Assistance of Counsel

Date: Sep 8, 2011

JALOWIEC v. BRADSHAW: Clarifying Materiality of Brady Violations and Conflict of Interest in Effective Assistance of Counsel Introduction Stanley Jalowiec v. Margaret Bradshaw is a seminal case...

Clarifying Rule 11 Sanctions and Personal Jurisdiction: Insights from PT Pukuafu Indah v. Newmont Mining Corp.

Date: Sep 7, 2011

Clarifying Rule 11 Sanctions and Personal Jurisdiction: Insights from PT Pukuafu Indah v. Newmont Mining Corp. Introduction The case of PT Pukuafu Indah; PT Tanjung Sera Pung; Leonard L.J. Young; PT...

Affirmation of CMS's Enforcement of Federal Regulations in Golden Living Center Case

Date: Sep 1, 2011

Affirmation of CMS's Enforcement of Federal Regulations in Golden Living Center Case Introduction The case of Golden Living Center-Frankfort v. Secretary of Health and Human Services (656 F.3d 421),...

Federal Question and Diversity Jurisdiction in Private TCPA Claims: An Analysis of Charvat v. NMP, LLC

Date: Aug 31, 2011

Federal Question and Diversity Jurisdiction in Private TCPA Claims: An Analysis of Charvat v. NMP, LLC Introduction In the appellate case Philip J. Charvat, Plaintiff–Appellant, v. NMP, LLC, decided...

Determining the Validity of Arbitration Agreements in Employment Disputes: Insights from Hergenreder v. Bickford Senior Living Group

Date: Aug 31, 2011

Determining the Validity of Arbitration Agreements in Employment Disputes: Insights from Hergenreder v. Bickford Senior Living Group Introduction In the case of Maureen Hergenreder v. Bickford Senior...

Affirmation of Absolute Immunity for Prosecutors in Material Witness Detention: Adams v. Hanson

Date: Aug 31, 2011

Affirmation of Absolute Immunity for Prosecutors in Material Witness Detention: Adams v. Hanson Introduction In the case of LaTasha Adams v. Karen Hanson, adjudicated by the United States Court of...

6th Circuit Sets Key Precedents on Procedural Due Process and Equal Protection in School Suspension §1983 Litigation

Date: Aug 27, 2011

6th Circuit Sets Key Precedents on Procedural Due Process and Equal Protection in School Suspension §1983 Litigation Introduction The case of Christian Heyne et al. v. Metropolitan Nashville Public...

Exclusionary Rule and Causation: Analysis of United States v. Clariot et al

Date: Aug 26, 2011

Exclusionary Rule and Causation: Analysis of United States v. Clariot et al. Introduction The case of United States of America v. Jose M. Clariot, Franklin Guzman, and Oscar Toledo (655 F.3d 550)...

Sanctions for Reasserting Dismissed Claims: Metz v. Unizan Bank

Date: Aug 25, 2011

Sanctions for Reasserting Dismissed Claims: Metz v. Unizan Bank Introduction The case of Carol Metz, et al. v. Unizan Bank, et al. (655 F.3d 485, 6th Cir. 2011) serves as a significant precedent in...

Reaffirmation of FDA Approval as a Rebuttable Presumption in Product Liability: Emerson v. Novartis Pharmaceuticals

Date: Aug 24, 2011

Reaffirmation of FDA Approval as a Rebuttable Presumption in Product Liability: Emerson v. Novartis Pharmaceuticals Introduction The case of Trina Emerson, substituted on behalf of Tim Crews,...

Sixth Circuit Upholds Dismissal of FCA Claims Due to Insufficient Particularity

Date: Aug 24, 2011

Sixth Circuit Upholds Dismissal of FCA Claims Due to Insufficient Particularity Introduction In the case of Richard Chesbrough, MD and Kim Chesbrough v. VPA, P.C., the United States Court of Appeals...

Materiality of Suppressed Evidence in Capital Habeas Corpus Claims: Montgomery v. Da

Date: Aug 23, 2011

Materiality of Suppressed Evidence in Capital Habeas Corpus Claims: Montgomery v. Da Introduction Montgomery v. Da, 654 F.3d 668 (6th Cir. 2011), is a pivotal case that delves into the complexities...

Sixth Circuit Affirms Strict Application of Statutes of Limitations in UCC and Fraud Claims Arising from Ponzi Scheme

Date: Aug 20, 2011

Sixth Circuit Affirms Strict Application of Statutes of Limitations in UCC and Fraud Claims Arising from Ponzi Scheme Introduction In the landmark case, Carol Metz et al. v. Unizan Bank et al., et...

Waiver of Personal Jurisdiction through General Appearance: Gerber v. Riordan

Date: Aug 19, 2011

Waiver of Personal Jurisdiction through General Appearance: Gerber v. Riordan Introduction Gerber v. Riordan, 649 F.3d 514 (6th Cir. 2011), is a pivotal case that addresses the complexities...

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