6th Circuit Case Commentaries

Establishing the 'Clearly Specifies' Test for Qualified Domestic Relations Orders under ERISA: Sun Life Assurance Co. of Canada v. Jackson

Date: Dec 14, 2017

Establishing the 'Clearly Specifies' Test for Qualified Domestic Relations Orders under ERISA: Sun Life Assurance Co. of Canada v. Jackson Introduction The case of Sun Life Assurance Company of...

Sixth Circuit Clarifies Monell Liability for Municipal Animal Control Policies under the Fourth Amendment

Date: Nov 23, 2017

Sixth Circuit Clarifies Monell Liability for Municipal Animal Control Policies under the Fourth Amendment Introduction The case of Floyd Allen Hardrick, Jr. et al. v. City of Detroit et al....

Establishing Probable Cause with Corroborated Informant Statements: United States v. Arthur Alford

Date: Nov 23, 2017

Establishing Probable Cause with Corroborated Informant Statements: United States v. Arthur Alford Introduction The case of United States of America v. Arthur Alford revolves around the execution of...

Reinforcing Procedural Defaults in Federal Habeas Corpus: Insights from Dufresne v. Palmer

Date: Nov 23, 2017

Reinforcing Procedural Defaults in Federal Habeas Corpus: Insights from Dufresne v. Palmer Introduction Joel Nathan Dufresne, a pro se petitioner from Michigan, challenged the district court's...

Sixth Circuit Upholds RICO and VICAR Convictions of Phantom Motorcycle Club Members, Confirming Standards for Racketeering Conspiracies and Jury Composition

Date: Nov 18, 2017

Sixth Circuit Upholds RICO and VICAR Convictions of Phantom Motorcycle Club Members, Confirming Standards for Racketeering Conspiracies and Jury Composition Introduction The case of United States of...

Admissibility of Cell-Site Data and Photo-Array Identifications in Robbery Conspiracies: Insights from United States v. Pembrook et al.

Date: Nov 16, 2017

Admissibility of Cell-Site Data and Photo-Array Identifications in Robbery Conspiracies: Insights from United States v. Pembrook et al. Introduction In the case of UNITED STATES of America,...

6th Circuit Affirms AAA Precludes Pre-Award Assignments of EAJA Fees

Date: Nov 2, 2017

6th Circuit Affirms AAA Precludes Pre-Award Assignments of EAJA Fees Introduction In Hope Kerr v. Commissioner of Social Security, 874 F.3d 926 (6th Cir. 2017), the United States Court of Appeals for...

Court of Appeals Establishes New Precedent on Anti-Tying and Exclusivity Clauses in Telecommunications Agreements

Date: Oct 31, 2017

Court of Appeals Establishes New Precedent on Anti-Tying and Exclusivity Clauses in Telecommunications Agreements Introduction Courtney Cates; Brian Sto v. Crystal Clear Technologies, LLC is a...

Affirmation of Good-Faith Exception in Probable Cause Analysis: United States v. White

Date: Oct 28, 2017

Affirmation of Good-Faith Exception in Probable Cause Analysis: United States v. White Introduction In the appellate decision United States of America v. Albert Dajuan White, cited as 874 F.3d 490 in...

Enhancing ADA Compliance: Upholding Anti-Discrimination Claims in EEOC v. Dolgencorp

Date: Sep 29, 2017

Enhancing ADA Compliance: Upholding Anti-Discrimination Claims in EEOC v. Dolgencorp Introduction In the landmark case of Equal Employment Opportunity Commission (EEOC) v. Dolgencorp, LLC, decided on...

Residual Functional Capacity Assessment in Social Security Disability Claims: Insights from Shepard v. Commissioner of Social Security

Date: Sep 27, 2017

Residual Functional Capacity Assessment in Social Security Disability Claims: Insights from Shepard v. Commissioner of Social Security Introduction The case of Margaret L. Shepard v. Commissioner of...

Affirming Due Process Protections in the Context of Federal Enhanced Screening: Beydoun & Bazzi v. U.S. Attorney General

Date: Sep 13, 2017

Affirming Due Process Protections in the Context of Federal Enhanced Screening: Beydoun & Bazzi v. U.S. Attorney General Introduction The cases of Nasser Beydoun and Maan Bazzi represent significant...

Actual Innocence and the Miscarriage of Justice Exception: Analysis of Terry Eugene Penney v. United States

Date: Sep 2, 2017

Actual Innocence and the Miscarriage of Justice Exception: Analysis of Terry Eugene Penney v. United States Introduction The case of Terry Eugene Penney v. United States, adjudicated by the United...

Affirmation of Qualified Immunity in Hostage Rescue Scenario

Date: Aug 30, 2017

Affirmation of Qualified Immunity in Hostage Rescue Scenario Introduction In the case of Cheryl Beans, Individually and as Administratrix of the Estate of Shane Allen Ryan v. City of Massillon and...

Establishing Viable §1983 Claims Despite Grand Jury Indictments: Insights from Randall Mills v. Weakley E. Barnard et al.

Date: Aug 29, 2017

Establishing Viable §1983 Claims Despite Grand Jury Indictments: Insights from Randall Mills v. Weakley E. Barnard et al. Introduction In the landmark case of Randall Mills v. Weakley E. Barnard et...

Affirmation of Fugitive Disentitlement Statute in Civil Forfeiture: United States v. Salouha (6th Cir. 2017)

Date: Aug 24, 2017

Affirmation of Fugitive Disentitlement Statute in Civil Forfeiture: United States v. Salouha (6th Cir. 2017) Introduction In the case of United States v. $525,695.24 Seized from JPMorgan Chase Bank...

Qualified Immunity in Group Strip Searches: Sumpter v. Wayne County

Date: Aug 19, 2017

Qualified Immunity in Group Strip Searches: Sumpter v. Wayne County Introduction In Amanda Sumpter v. Wayne County, 868 F.3d 473 (6th Cir. 2017), the United States Court of Appeals for the Sixth...

Enforcement of Take-or-Pay Provisions in Long-Term Supply Agreements: Hemlock v. SolarWorld Affirmed

Date: Aug 17, 2017

Enforcement of Take-or-Pay Provisions in Long-Term Supply Agreements: Hemlock v. SolarWorld Affirmed Introduction The case of Hemlock Semiconductor Operations, LLC v. SolarWorld Industries Sachsen...

Reaffirmation of Confrontation Clause Protections and AEDPA Deference in Stewart v. Trierweiler

Date: Aug 15, 2017

Reaffirmation of Confrontation Clause Protections and AEDPA Deference in Stewart v. Trierweiler Introduction The case of Larry Devel Stewart v. Tony Trierweiler, adjudicated by the United States...

Residual Clause of Sentencing Guidelines Retained: Affirmation in Raybon v. United States

Date: Aug 15, 2017

Residual Clause of Sentencing Guidelines Retained: Affirmation in Raybon v. United States Introduction In the landmark case Jerome Raybon v. United States of America, decided on August 14, 2017, by...