6th Circuit Case Commentaries

Safe Drinking Water Act Does Not Preclude §1983 Constitutional Claims: Boler & Mays v. Snyder et al.

Date: Jul 29, 2017

Safe Drinking Water Act Does Not Preclude §1983 Constitutional Claims: Boler & Mays v. Snyder et al. Introduction The cases of Boler, Anderson, and EPCO Sales, LLC v. Earley et al. and Mays et al. v....

Privett v. Department of Homeland Security: Clarifying Judicial Review of Predicate Legal Issues in Adam Walsh Act Immigration Petitions

Date: Jul 27, 2017

Privett v. Department of Homeland Security: Clarifying Judicial Review of Predicate Legal Issues in Adam Walsh Act Immigration Petitions Introduction In the case of Joseph Privett v. Secretary,...

Deliberate Indifference in Correctional Health Care: Darrah v. Krisher et al.

Date: Jul 27, 2017

Deliberate Indifference in Correctional Health Care: Darrah v. Krisher et al. Introduction Kevin Darrah v. Dr. Krisher, Dr. Andrew Eddy, Karen Stanforth, and Dr. David Weil is a landmark case...

Judicial Immunity Affirmed in Cooper v. Rapp: Implications for Racial Bias Claims in Sanctions Proceedings

Date: Jul 26, 2017

Judicial Immunity Affirmed in Cooper v. Rapp: Implications for Racial Bias Claims in Sanctions Proceedings Introduction The case Timothy H. Cooper et al. v. James S. Rapp et al. adjudicated by the...

Sixth Circuit Establishes Contracts Clause Claims Unsupported Under 42 U.S.C. § 1983

Date: Jul 26, 2017

Sixth Circuit Establishes Contracts Clause Claims Unsupported Under 42 U.S.C. § 1983 Introduction In the case of Kaminski et al. v. Coulter et al., decided on July 25, 2017, the United States Court...

Affirmation of Strickland Standards in Ineffective Assistance Claims: United States v. Pola

Date: Jul 22, 2017

Affirmation of Strickland Standards in Ineffective Assistance Claims: United States v. Pola Introduction United States v. Aso Pola, 778 F.3d 525 (6th Cir. 2015), presents a critical examination of...

Enforcement of Letter of Intent Terms and Unilateral Waiver in Franchise Agreements: FCA US LLC v. Eagle Auto-Mall Corp.

Date: Jul 21, 2017

Enforcement of Letter of Intent Terms and Unilateral Waiver in Franchise Agreements: FCA US LLC v. Eagle Auto-Mall Corp. Introduction The case FCA US LLC, f/k/a CHRYSLER GROUP, LLC v. EAGLE AUTO-MALL...

Restricting Bank Liability Disclaimers: Sixth Circuit’s Decision in Majestic Building Maintenance v. Huntington Bancshares

Date: Jul 21, 2017

Restricting Bank Liability Disclaimers: Sixth Circuit’s Decision in Majestic Building Maintenance v. Huntington Bancshares Introduction The case of Majestic Building Maintenance, Inc. v. Huntington...

Affirmation of Qualified Immunity in Police Use of Deadly Force: Mitchell v. Schlabach

Date: Jul 20, 2017

Affirmation of Qualified Immunity in Police Use of Deadly Force: Mitchell v. Schlabach Introduction Mitchell v. Schlabach, 864 F.3d 416 (6th Cir. 2017), addresses a critical issue at the intersection...

Affirming Denial of Class Certification in TCPA Litigation: Sandusky Wellness Center v. ASD Specialty Healthcare

Date: Jul 12, 2017

Affirming Denial of Class Certification in TCPA Litigation: Sandusky Wellness Center v. ASD Specialty Healthcare Introduction The case of Sandusky Wellness Center, LLC v. ASD Specialty Healthcare,...

State-Created Danger Theory Insufficient for §1983 Claim: 6th Circuit Affirms Dismissal in Engler v. Arnold

Date: Jul 11, 2017

State-Created Danger Theory Insufficient for §1983 Claim: 6th Circuit Affirms Dismissal in Engler v. Arnold Introduction The case of David L. Engler, Administrator of the Estate of Deceased T.F., a...

Sixth Circuit Upholds Ohio's Three-Drug Lethal Injection Protocol, Reversing Preliminary Injunction

Date: Jun 29, 2017

Sixth Circuit Upholds Ohio's Three-Drug Lethal Injection Protocol, Reversing Preliminary Injunction Introduction In the case of In Re: Ohio Execution Protocol, the United States Court of Appeals for...

Sixth Circuit Overrules Nance: Tennessee's Aggravated Burglary Not a 'Violent Felony' Under ACCA

Date: Jun 28, 2017

Sixth Circuit Overrules Nance: Tennessee's Aggravated Burglary Not a 'Violent Felony' Under ACCA Introduction In the case of United States of America v. Victor J. Stitt, II, the Sixth Circuit Court...

Affirming Bankruptcy and Mail Fraud Convictions in United States v. Benton: A Comprehensive Analysis

Date: Jun 27, 2017

Affirming Bankruptcy and Mail Fraud Convictions in United States v. Benton: A Comprehensive Analysis Introduction United States v. Benton, III and Najuana Benton is a significant case adjudicated by...

Consent Requirements in Distribution Franchise Agreements Upheld under Ohio Alcoholic Beverages Franchise Act: Southern Glazer's Distributors of Ohio, LLC v. The Great Lakes Brewing Company

Date: Jun 27, 2017

Consent Requirements in Distribution Franchise Agreements Upheld under Ohio Alcoholic Beverages Franchise Act: Southern Glazer's Distributors of Ohio, LLC v. The Great Lakes Brewing Company...

Interpretation of 'Individual' under ADA: Corporations Excluded in Retaliation Claims

Date: Jun 23, 2017

Interpretation of 'Individual' under ADA: Corporations Excluded in Retaliation Claims Introduction The case of Michigan Flyer LLC; Indian Trails, Incorporated v. Wayne County Airport Authority...

Sixth Circuit Upholds FLSA Collective Action Certification in FTS USA, LLC v. Monroe et al., Corrects Damages Formula

Date: Jun 22, 2017

Sixth Circuit Upholds FLSA Collective Action Certification in FTS USA, LLC v. Monroe et al., Corrects Damages Formula Introduction In the landmark case FTS USA, LLC v. Monroe et al., the United...

Qualified Immunity in Fourth Amendment Search Warrants: Bailey v. City of Ann Arbor

Date: Jun 21, 2017

Qualified Immunity in Fourth Amendment Search Warrants: Bailey v. City of Ann Arbor Introduction In the case of Joseph Bailey v. City of Ann Arbor, the United States Court of Appeals for the Sixth...

Affirmation of Younger Abstention in University Disciplinary Proceedings: Doe v. University of Kentucky

Date: Jun 16, 2017

Affirmation of Younger Abstention in University Disciplinary Proceedings: Doe v. University of Kentucky Introduction In the case of John Doe v. University of Kentucky, the United States Court of...

Leadership Enhancement and Conspiracy Duration in Drug Trafficking Cases: Analysis of United States v. House

Date: Jun 15, 2017

Leadership Enhancement and Conspiracy Duration in Drug Trafficking Cases: Analysis of United States v. House Introduction In the case of United States of America v. Shawn House, the United States...