6th Circuit Case Commentaries

Goodwin v. Johnson: Establishing the Necessity of Thorough Mitigation Investigations for Effective Assistance of Counsel in Sentencing

Date: Jan 22, 2011

Goodwin v. Johnson: Establishing the Necessity of Thorough Mitigation Investigations for Effective Assistance of Counsel in Sentencing Introduction Goodwin v. Johnson (632 F.3d 301) is a pivotal case...

Deference to Treating Physicians and Substantial Evidence Standard in SSA Disability Appeals: Sims v. Commissioner of Social Security

Date: Jan 20, 2011

Deference to Treating Physicians and Substantial Evidence Standard in SSA Disability Appeals: Sims v. Commissioner of Social Security Introduction Sims v. Commissioner of Social Security is a pivotal...

Sixth Circuit Affirms Summary Judgment in Section 1983 Prisoner Claims: Emphasis on Personal Involvement and Causation

Date: Jan 20, 2011

Sixth Circuit Affirms Summary Judgment in Section 1983 Prisoner Claims: Emphasis on Personal Involvement and Causation Introduction The case of Timothy D. Murphy v. Carla Grenier et al., decided by...

Reversal of Social Security Disability Denial: Walton v. Astrue Establishes Enhanced Consideration for Treating Physician Opinions

Date: Jan 19, 2011

Reversal of Social Security Disability Denial: Walton v. Astrue Establishes Enhanced Consideration for Treating Physician Opinions Introduction The case of Jack Walton v. Michael J. Astrue,...

Procedural Integrity in Habeas Corpus Petitions: The Carlton Alexander Case

Date: Jan 11, 2011

Procedural Integrity in Habeas Corpus Petitions: The Carlton Alexander Case Introduction The case of Carlton Alexander v. Bureau of Prisons, 419 F. App'x 544 (6th Cir. 2011), serves as a pivotal...

Enhanced Deference to Treating Physicians in Disability Claims: Kalmbach v. Commissioner of Social Security

Date: Jan 8, 2011

Enhanced Deference to Treating Physicians in Disability Claims: Kalmbach v. Commissioner of Social Security Introduction Terri L. Kalmbach, the plaintiff-appellant, challenged the denial of her...

Establishing Venue for Continuing Offenses Under the Ports and Waterways Safety Act: Analysis of UNITED STATES v. Canal Barge Company

Date: Jan 8, 2011

Establishing Venue for Continuing Offenses Under the Ports and Waterways Safety Act: Analysis of UNITED STATES v. Canal Barge Company Introduction The case of UNITED STATES of America v. Canal Barge...

Affirmed Agency Search Standards under the Freedom of Information Act: CARETOLIVE v. FDA

Date: Jan 7, 2011

Affirmed Agency Search Standards under the Freedom of Information Act: CARETOLIVE v. FDA Introduction In the landmark case of CARETOLIVE, A Not for Profit Corporation v. The Food and Drug...

Affirmation of Strict Sentencing Guidelines for Child Sexual Offenses: Insights from U.S. v. Brooks

Date: Jan 7, 2011

Affirmation of Strict Sentencing Guidelines for Child Sexual Offenses: Insights from United States v. Brooks Introduction United States of America v. Jason Shawn Brooks, 628 F.3d 791 (6th Cir. 2011),...

Weight of Treating Physician's Opinion in Social Security Disability Determinations: Helm v. SSA

Date: Jan 5, 2011

Weight of Treating Physician's Opinion in Social Security Disability Determinations: Helm v. SSA Introduction Helm v. Commissioner of Social Security Administration is a pivotal case in the realm of...

Establishing Federal Jurisdiction in TCPA Claims: Analysis of Charvat v. EchoStar Satellite

Date: Dec 31, 2010

Establishing Federal Jurisdiction in TCPA Claims: Analysis of Charvat v. EchoStar Satellite Introduction Philip J. Charvat, a plaintiff-appellant, has been a prolific litigator under the Telephone...

Reversal of Frivolous Dismissal in First Amendment Retaliation Claim: Hill v. Lappin et al.

Date: Dec 29, 2010

Reversal of Frivolous Dismissal in First Amendment Retaliation Claim: Hill v. Lappin et al. Introduction The case of Demetrius Hill v. Harley G. Lappin et al. presents a significant development in...

Plausible Misrepresentation Claims in Product Liability: Sixth Circuit's Landmark Decision in Fabian v. Fulmer Helmets

Date: Dec 24, 2010

Plausible Misrepresentation Claims in Product Liability: Sixth Circuit's Landmark Decision in Fabian v. Fulmer Helmets Introduction The case of Robert Fabian v. Fulmer Helmets, Inc. (628 F.3d 278)...

Reaffirmation of SSR 96-5p Recontact Obligations in Disability Claims: The Ferguson v. Commissioner Decision

Date: Dec 24, 2010

Reaffirmation of SSR 96-5p Recontact Obligations in Disability Claims: The Ferguson v. Commissioner Decision Introduction The case of Cathy D. Ferguson v. Commissioner of Social Security addresses...

Limits of Sixth Amendment Counsel Rights in Penalty Phase Testimony: Sanborn v. Parker

Date: Dec 22, 2010

Limits of Sixth Amendment Counsel Rights in Penalty Phase Testimony: Sanborn v. Parker Introduction In the landmark decision of Parramore L. Sanborn v. Phil Parker, 629 F.3d 554 (6th Cir. 2010), the...

Protected Political Association in Employment: Eckerman v. Tennessee Department of Safety

Date: Dec 21, 2010

Protected Political Association in Employment: Eckerman v. Tennessee Department of Safety Introduction The case of Robert Eckerman v. Tennessee Department of Safety addresses critical issues...

Sovereign Immunity Affirmed for State Judicial Bodies in Pucci v. Nineteenth District Court

Date: Dec 17, 2010

Sovereign Immunity Affirmed for State Judicial Bodies in Pucci v. Nineteenth District Court Introduction In the landmark case Julie Pucci v. Nineteenth District Court, for the City of Dearborn; Chief...

Clarifying Removal Jurisdiction and Attorney's Fees under 28 U.S.C. § 1447(c): Sixth Circuit's Ruling in OHIO EX REL. SKAGGS v. BRUNNER

Date: Dec 17, 2010

Clarifying Removal Jurisdiction and Attorney's Fees under 28 U.S.C. § 1447(c): Sixth Circuit's Ruling in OHIO EX REL. SKAGGS v. BRUNNER Introduction The judicial landscape surrounding the removal of...

Affirmation of Collateral Estoppel and Res Judicata in Foreclosure Litigation: Kalos v. Greenwich Insurance

Date: Dec 15, 2010

Affirmation of Collateral Estoppel and Res Judicata in Foreclosure Litigation: Kalos v. Greenwich Insurance Introduction In the appellate case of Kalos v. Greenwich Insurance Company, the United...

Admissibility of Lay Witness Testimony in Alleged Jewelry Alteration: Harris v. J.B. Robinson Jewelers

Date: Dec 9, 2010

Admissibility of Lay Witness Testimony in Alleged Jewelry Alteration: Harris v. J.B. Robinson Jewelers Introduction Harris v. J.B. Robinson Jewelers, 627 F.3d 235 (6th Cir. 2010), addresses the...

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