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  • Commentaries
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6th Circuit Case Commentaries

Access Group Breach of Contract: Sixth Circuit Establishes Good Faith Requirement in Student Loan Agreements

Access Group Breach of Contract: Sixth Circuit Establishes Good Faith Requirement in Student Loan Agreements

Date: May 3, 2008
Access Group Breach of Contract: Sixth Circuit Establishes Good Faith Requirement in Student Loan Agreements Introduction In the landmark case of Jill B. Savedoff v. Access Group, Inc., the United...
Reevaluating Fourth Amendment Protections in Traffic Stops: United States v. Marcus Blair (6th Cir. 2008)

Reevaluating Fourth Amendment Protections in Traffic Stops: United States v. Marcus Blair (6th Cir. 2008)

Date: May 3, 2008
Reevaluating Fourth Amendment Protections in Traffic Stops: United States v. Marcus Blair (6th Cir. 2008) Introduction In the case of United States of America v. Marcus Blair, the United States Court...
Affirmation of AEDPA Standards in the Wake of Brady Violations: Johnson v. Bell

Affirmation of AEDPA Standards in the Wake of Brady Violations: Johnson v. Bell

Date: Apr 30, 2008
Affirmation of AEDPA Standards in the Wake of Brady Violations: Johnson v. Bell Introduction Cecil C. Johnson, Jr. v. Ricky Bell is a pivotal case adjudicated by the United States Court of Appeals...
Final Judgment Rule Reinforced: Non-Appealability of Vacated Summary Judgments and Receiverships in In re Gregory SAFFADY

Final Judgment Rule Reinforced: Non-Appealability of Vacated Summary Judgments and Receiverships in In re Gregory SAFFADY

Date: Apr 23, 2008
Final Judgment Rule Reinforced: Non-Appealability of Vacated Summary Judgments and Receiverships in In re Gregory SAFFADY Introduction The case of In re Gregory SAFFADY, Court-appointed Receiver,...
Scope of EEOC Investigation and Pretext Analysis in Employment Discrimination: Scott v. Eastman Chemical Company

Scope of EEOC Investigation and Pretext Analysis in Employment Discrimination: Scott v. Eastman Chemical Company

Date: Apr 23, 2008
Scope of EEOC Investigation and Pretext Analysis in Employment Discrimination: Scott v. Eastman Chemical Company Introduction In the case of Rosia L. Scott v. Eastman Chemical Company, heard by the...
Affirmation of the Lodestar Method for Calculating Attorneys' Fees Under the Black Lung Benefits Act

Affirmation of the Lodestar Method for Calculating Attorneys' Fees Under the Black Lung Benefits Act

Date: Apr 17, 2008
Affirmation of the Lodestar Method for Calculating Attorneys' Fees Under the Black Lung Benefits Act Introduction The case of B G Mining, Inc. and Old Republic Insurance Company v. Director, Office...
Substantive Unreasonableness in Sentencing: United States v. Hunt

Substantive Unreasonableness in Sentencing: United States v. Hunt

Date: Apr 12, 2008
Substantive Unreasonableness in Sentencing: United States v. Russell Wayne Hunt Introduction United States of America v. Russell Wayne Hunt, 521 F.3d 636, adjudicated by the United States Court of...
Establishing Pretext in ERISA Retaliation Claims: Hamilton v. Starcom Mediavest Group

Establishing Pretext in ERISA Retaliation Claims: Hamilton v. Starcom Mediavest Group

Date: Apr 12, 2008
Establishing Pretext in ERISA Retaliation Claims: Hamilton v. Starcom Mediavest Group Introduction In the landmark case of Cari Ann Hamilton v. Starcom Mediavest Group, Inc., the United States Court...
Reaffirming Effective Counsel Standards and Retroactive State Law Application in Capital Cases: Mahdi v. Bagley

Reaffirming Effective Counsel Standards and Retroactive State Law Application in Capital Cases: Mahdi v. Bagley

Date: Apr 12, 2008
Reaffirming Effective Counsel Standards and Retroactive State Law Application in Capital Cases: Mahdi v. Bagley Introduction Mahdi v. Bagley (522 F.3d 631) is a significant appellate decision by the...
Standing in First Amendment Cases: MORRISON v. BOARD OF EDUCation of Boyd County

Standing in First Amendment Cases: MORRISON v. BOARD OF EDUCation of Boyd County

Date: Apr 10, 2008
Standing in First Amendment Cases: MORRISON v. BOARD OF EDUCation of Boyd County Introduction MORRISON v. BOARD OF EDUCation of Boyd County is a pivotal case addressing the boundaries of student...
Sixth Circuit Reinforces Duty to Investigate Defendant's Dissatisfaction with Counsel During Sentencing

Sixth Circuit Reinforces Duty to Investigate Defendant's Dissatisfaction with Counsel During Sentencing

Date: Apr 10, 2008
Sixth Circuit Reinforces Duty to Investigate Defendant's Dissatisfaction with Counsel During Sentencing Introduction The case of Alberto Rodriguez Benitez v. United States, decided by the United...
Affirmation of Sentencing Guidelines Application in United States v. Jeross and Docherty

Affirmation of Sentencing Guidelines Application in United States v. Jeross and Docherty

Date: Apr 5, 2008
Affirmation of Sentencing Guidelines Application in United States v. Jeross and Docherty Introduction In the pivotal case of United States v. Joseph Jeross and Kathleen Docherty, the United States...
Affirmation of Lack of Qualified Immunity in Excessive Force and Medical Negligence Claims: Jones v. City of Cincinnati

Affirmation of Lack of Qualified Immunity in Excessive Force and Medical Negligence Claims: Jones v. City of Cincinnati

Date: Apr 5, 2008
Affirmation of Lack of Qualified Immunity in Excessive Force and Medical Negligence Claims: Jones v. City of Cincinnati Introduction In the case of Bessie Jones, Administratrix of the Estate of...
Reasonable Suspicion Suffices for Traffic Stops in Case of Ongoing Misdemeanor Violations: United States v. Simpson

Reasonable Suspicion Suffices for Traffic Stops in Case of Ongoing Misdemeanor Violations: United States v. Simpson

Date: Apr 4, 2008
Reasonable Suspicion Suffices for Traffic Stops in Case of Ongoing Misdemeanor Violations: United States v. Simpson Introduction United States of America v. David Simpson is a pivotal case decided by...
Substantial Evidence Requirement in Residual Functional Capacity Determinations: Insights from Deskin v. SSA

Substantial Evidence Requirement in Residual Functional Capacity Determinations: Insights from Deskin v. SSA

Date: Apr 1, 2008
Substantial Evidence Requirement in Residual Functional Capacity Determinations: Insights from Deskin v. SSA Introduction Jeal Deskin v. Commissioner of Social Security (605 F. Supp. 2d 908, 2008) is...
Establishing Joint Employment and Successor-in-Interest Liability Under the FMLA: Grace v. USCAR and Bartech Technical Services

Establishing Joint Employment and Successor-in-Interest Liability Under the FMLA: Grace v. USCAR and Bartech Technical Services

Date: Mar 27, 2008
Establishing Joint Employment and Successor-in-Interest Liability Under the FMLA: Grace v. USCAR and Bartech Technical Services Introduction In Rosalyn Grace v. USCAR and Bartech Technical Services,...
Sixth Circuit Affirms ERISA Statute of Limitations: Actual Knowledge Triggers Time Bar in Fiduciary Breach Claims

Sixth Circuit Affirms ERISA Statute of Limitations: Actual Knowledge Triggers Time Bar in Fiduciary Breach Claims

Date: Mar 26, 2008
Sixth Circuit Affirms ERISA Statute of Limitations: Actual Knowledge Triggers Time Bar in Fiduciary Breach Claims Introduction In the landmark case of Virginia J. Bishop, et al. v. Lucent...
Minnesota v. City of Memphis: Affirmation of Limited §1981 Protections Against Municipal Entities

Minnesota v. City of Memphis: Affirmation of Limited §1981 Protections Against Municipal Entities

Date: Mar 21, 2008
Municipal Liability under §1981: Analysis of Arendale v. City of Memphis Introduction In the matter of Michael J. Arendale v. City of Memphis, the United States Court of Appeals for the Sixth Circuit...
Affirmation of Summary Judgment in Braun v. Ann Arbor Township: Implications for Takings and Due Process Claims

Affirmation of Summary Judgment in Braun v. Ann Arbor Township: Implications for Takings and Due Process Claims

Date: Mar 14, 2008
Affirmation of Summary Judgment in Braun v. Ann Arbor Township: Implications for Takings and Due Process Claims 1. Introduction In the case of Charles and Catherine Braun, husband and wife, Edward...
Affirmation of Warrantless Entry and Justifiable Use of Force in Domestic Violence Response

Affirmation of Warrantless Entry and Justifiable Use of Force in Domestic Violence Response

Date: Mar 8, 2008
Affirmation of Warrantless Entry and Justifiable Use of Force in Domestic Violence Response Introduction The case of Frank J. Lawrence, Jr. v. Bloomfield Township et al. (313 F. App'x 743) involves...
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