6th Circuit Case Commentaries

Finality of Remand Orders Under 28 U.S.C. §1447(d) Following Powerex Corp. v. Reliant Energy Services, Inc.

Date: Jan 9, 2008

Finality of Remand Orders Under 28 U.S.C. §1447(d) Following Powerex Corp. v. Reliant Energy Services, Inc. Introduction The case of Rick Blackburn, et al. v. Oaktree Capital Management, LLC, et al.,...

Demand Futility Must Be Specifically Demonstrated in Shareholder Derivative Actions: Insights from In re Ferro Corporation Derivative Litigation

Date: Jan 8, 2008

Demand Futility Must Be Specifically Demonstrated in Shareholder Derivative Actions: Insights from In re Ferro Corporation Derivative Litigation Introduction In re Ferro Corporation Derivative...

Refining the Boundaries of Brady Material: BELL v. BELL (6th Cir. 2008)

Date: Jan 5, 2008

Refining the Boundaries of Brady Material: BELL v. BELL (6th Cir. 2008) Introduction In the landmark case of Stephen M. Bell v. Ricky BELL, Warden, 512 F.3d 223 (6th Cir. 2008), the United States...

SIMCOX v. SIMCOX (2007): Refining the Use of Undertakings Under the Hague Convention in Abusive Family Situations

Date: Dec 29, 2007

SIMCOX v. SIMCOX (2007): Refining the Use of Undertakings Under the Hague Convention in Abusive Family Situations Introduction SIMCOX v. SIMCOX is a pivotal case decided by the United States Court of...

Defining Frivolous Asylum Applications: Insights from Ceraj v. Mukasey

Date: Dec 29, 2007

Defining Frivolous Asylum Applications: Insights from Ceraj v. Mukasey Introduction In Ceraj CERAJ and Irini Deda-Ceraj v. Michael B. MUKASEY, the United States Court of Appeals for the Sixth Circuit...

Procedural Default in Habeas Corpus Petitions: Affirmation of Dismissal under the Maupin Framework

Date: Dec 28, 2007

Procedural Default in Habeas Corpus Petitions: Affirmation of Dismissal under the Maupin Framework Introduction Robert S. Scuba v. Anthony Brigano, Warden (527 F.3d 479) is a significant case...

Reaffirmation of Automobile and Inventory Exceptions in Warrantless Searches: United States v. Lakento Brian Smith

Date: Dec 27, 2007

Reaffirmation of Automobile and Inventory Exceptions in Warrantless Searches: United States v. Lakento Brian Smith Introduction In the appellate case of United States v. Lakento Brian Smith, reported...

Standard of Appellate Review for Supervised Release Revocation Sentences Post-Booker

Date: Dec 21, 2007

Standard of Appellate Review for Supervised Release Revocation Sentences Post-Booker Introduction The case of United States of America v. Roxie Nicole Bolds, 511 F.3d 568 (6th Cir. 2007), serves as a...

Rule 403 Prevails: Exclusion of Prior Bad Acts Evidence in U.S. v. Stout

Date: Dec 21, 2007

Rule 403 Prevails: Exclusion of Prior Bad Acts Evidence in U.S. v. Stout Introduction United States of America v. Michael Stout is a landmark decision by the United States Court of Appeals for the...

Affirmation of Statute of Limitations on §1983 Claims in Custody Removal Cases: Eidson v. Tennessee Department of Children's Services

Date: Dec 21, 2007

Affirmation of Statute of Limitations on §1983 Claims in Custody Removal Cases: Eidson v. Tennessee Department of Children's Services Introduction The case of Ronald Eidson v. State of Tennessee...

Sixth Circuit Clarifies Prima Facie Case in Title VII Gender Discrimination: Replacement Need Not Be Similarly Qualified

Date: Dec 20, 2007

Sixth Circuit Clarifies Prima Facie Case in Title VII Gender Discrimination: Replacement Need Not Be Similarly Qualified Introduction In Jama M. Vincent v. Brewer Company, 514 F.3d 489 (6th Cir....

Establishing Attorney Fee Calculation Standards under the False Claims Act: Gonter v. Hunt Valve Company

Date: Dec 19, 2007

Establishing Attorney Fee Calculation Standards under the False Claims Act: Gonter v. Hunt Valve Company Introduction The case of Tina Marie Gonter; Charles William Gonter v. Hunt Valve Company,...

Affirmation of Class Certification for Deceptive Billing Practices in Barbrasue BEATTIE and James So v. CenturyTel, Inc.

Date: Dec 19, 2007

Affirmation of Class Certification for Deceptive Billing Practices in Barbrasue BEATTIE and James So v. CenturyTel, Inc. Introduction In the landmark case of Barbrasue BEATTIE and James So v....

Enforcement of Non-Competition Clauses under Michigan Law: Certified Restoration Dry Cleaning Network v. Tenke Corp.

Date: Dec 18, 2007

Enforcement of Non-Competition Clauses under Michigan Law: Certified Restoration Dry Cleaning Network v. Tenke Corp. Introduction Certified Restoration Dry Cleaning Network, L.L.C. v. Tenke Corp. is...

Clarifying Sufficiency of Evidence for Intent in Felonious Assault under AEDPA: NASH v. EBERLIN

Date: Dec 15, 2007

Clarifying Sufficiency of Evidence for Intent in Felonious Assault under AEDPA: NASH v. EBERLIN Introduction Case: Darell Nash, Sr., Petitioner-Appellee, v. Michelle Eberlin, Warden,...

Enforcement of Contractual Inspection Rights via Specific Performance: Insights from JPMorgan Chase Bank v. Winget

Date: Dec 15, 2007

Enforcement of Contractual Inspection Rights via Specific Performance: Insights from JPMorgan Chase Bank v. Winget Introduction The case of JPMorgan Chase Bank, N.A., as Administrative Agent v. Larry...

Permitting ERISA §502(a)(2) Actions on Behalf of Defunct Plans: Insights from Pfahler v. National Latex Products Co.

Date: Dec 15, 2007

Permitting ERISA §502(a)(2) Actions on Behalf of Defunct Plans: Insights from Pfahler v. National Latex Products Co. Introduction In the landmark case of Pfahler et al. v. National Latex Products...

Sixth Circuit Affirms Dismissal of Worker Claims: Clarifications on Mootness, Standing, and Noerr-Pennington Doctrine

Date: Dec 15, 2007

Sixth Circuit Affirms Dismissal of Worker Claims: Clarifications on Mootness, Standing, and Noerr-Pennington Doctrine Introduction In the case of Douglas Campbell et al. v. PMI Food Equipment Group,...

Defining Protected Activity under the ADEA: Insights from Fox v. Eagle Distributing Company

Date: Dec 15, 2007

Defining Protected Activity under the ADEA: Insights from Fox v. Eagle Distributing Company Introduction The case of James Fox v. Eagle Distributing Company, Incorporated (510 F.3d 587), adjudicated...

Clarification on Plea Procedure and Sentencing Guidelines Compliance: United States v. Lalonde

Date: Dec 13, 2007

Clarification on Plea Procedure and Sentencing Guidelines Compliance: United States v. Lalonde Introduction In the case of United States of America v. Paul M. Lalonde (509 F.3d 750), the United...

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