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  • Commentaries
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6th Circuit Case Commentaries

Rule 55(c) Prevails Over Supplemental Rule G in Civil Forfeiture: Sixth Circuit Establishes New Precedent

Rule 55(c) Prevails Over Supplemental Rule G in Civil Forfeiture: Sixth Circuit Establishes New Precedent

Date: Feb 17, 2010
Rule 55(c) Prevails Over Supplemental Rule G in Civil Forfeiture: Sixth Circuit Establishes New Precedent Comprehensive Commentary on UNITED STATES of America v. James Christopher Rowland, 595 F.3d...
Establishing Reasonable Suspicion and Seizure Parameters under the Fourth Amendment: U.S. v. Smith (6th Cir. 2010)

Establishing Reasonable Suspicion and Seizure Parameters under the Fourth Amendment: U.S. v. Smith (6th Cir. 2010)

Date: Feb 11, 2010
Establishing Reasonable Suspicion and Seizure Parameters under the Fourth Amendment: U.S. v. Smith (6th Cir. 2010) Introduction The case of United States of America v. Reginald Smith, decided by the...
Establishing Discretionary Limits for Sentence Reduction under §3582(c)(2) Following Crack Cocaine Guideline Amendments

Establishing Discretionary Limits for Sentence Reduction under §3582(c)(2) Following Crack Cocaine Guideline Amendments

Date: Feb 11, 2010
Establishing Discretionary Limits for Sentence Reduction under §3582(c)(2) Following Crack Cocaine Guideline Amendments Introduction The case of United States of America v. Eric Curry, adjudicated by...
Sixth Circuit Reverses FMLA Violation Claim in Coaching Supplement Case, Affirms Summary Judgment on Discrimination Claims

Sixth Circuit Reverses FMLA Violation Claim in Coaching Supplement Case, Affirms Summary Judgment on Discrimination Claims

Date: Feb 6, 2010
Sixth Circuit Reverses FMLA Violation Claim in Coaching Supplement Case, Affirms Summary Judgment on Discrimination Claims Introduction In the case of Milton Harris v. Metropolitan Government of...
Refining Vocational Expert Hypotheticals in Disability Determinations: Insights from Ealy v. Commissioner

Refining Vocational Expert Hypotheticals in Disability Determinations: Insights from Ealy v. Commissioner

Date: Feb 6, 2010
Refining Vocational Expert Hypotheticals in Disability Determinations: Insights from Ealy v. Commissioner Introduction The case of Jimmy Dearl Ealy versus the Commissioner of Social Security (594...
Probable Cause Established by Fresh Affidavit Information: Analysis of United States v. Brooks

Probable Cause Established by Fresh Affidavit Information: Analysis of United States v. Brooks

Date: Feb 6, 2010
Probable Cause Established by Fresh Affidavit Information: Analysis of United States v. Brooks Introduction In United States v. Brooks, 594 F.3d 488 (6th Cir. 2010), the United States Court of...
Constructive Knowledge in Ohio Slip-and-Fall Cases: Sixth Circuit Upholds Summary Judgment

Constructive Knowledge in Ohio Slip-and-Fall Cases: Sixth Circuit Upholds Summary Judgment

Date: Feb 4, 2010
Constructive Knowledge in Ohio Slip-and-Fall Cases: Sixth Circuit Upholds Summary Judgment Introduction In the case of Patricia Dowling and Curtis Dowling v. The Cleveland Clinic Foundation (593 F.3d...
Establishing 'Additional Evidence' in ADEA Workforce Reductions: Schoonmaker v. Spartan Graphics Leasing LLC

Establishing 'Additional Evidence' in ADEA Workforce Reductions: Schoonmaker v. Spartan Graphics Leasing LLC

Date: Feb 4, 2010
Establishing 'Additional Evidence' in ADEA Workforce Reductions: Schoonmaker v. Spartan Graphics Leasing LLC Introduction In Schoonmaker v. Spartan Graphics Leasing LLC, 595 F.3d 261 (6th Cir. 2010),...
Absolute Prosecutorial Immunity Affirmed in Bivens Action: Koubriti v. Convertino

Absolute Prosecutorial Immunity Affirmed in Bivens Action: Koubriti v. Convertino

Date: Feb 4, 2010
Absolute Prosecutorial Immunity Affirmed in Bivens Action: Koubriti v. Convertino Introduction The case of Karim Koubriti v. Richard Convertino, adjudicated by the United States Court of Appeals for...
Retaliation under 42 U.S.C. § 1983: Reinforcing First Amendment Protections – Fritz v. Charter Township of Comstock

Retaliation under 42 U.S.C. § 1983: Reinforcing First Amendment Protections – Fritz v. Charter Township of Comstock

Date: Jan 29, 2010
Retaliation under 42 U.S.C. § 1983: Reinforcing First Amendment Protections – Fritz v. Charter Township of Comstock Introduction The case of Sue Fritz v. Charter Township of Comstock addresses the...
Sixth Circuit Clarifies Creditor Obligations under Rule 9011(b) in Proof of Claim Filings

Sixth Circuit Clarifies Creditor Obligations under Rule 9011(b) in Proof of Claim Filings

Date: Jan 26, 2010
Sixth Circuit Clarifies Creditor Obligations under Rule 9011(b) in Proof of Claim Filings Introduction The case In re Gerald Wingerter and Janet G. Keller-Wingerter, Debtors. B-Line, LLC vs. Gerald...
Affirmation of Death Sentence: Analysis of Voluntary Intoxication and Lesser-Included Offense Instruction in Ste v. Smith

Affirmation of Death Sentence: Analysis of Voluntary Intoxication and Lesser-Included Offense Instruction in Ste v. Smith

Date: Jan 20, 2010
Affirmation of Death Sentence: Analysis of Voluntary Intoxication and Lesser-Included Offense Instruction in Ste v. Smith Introduction In Ste v. Smith, the United States Court of Appeals for the...
Substantial Evidence and Party Substitution in Social Security Disability Appeals: Analysis of Cunningham v. Astrue

Substantial Evidence and Party Substitution in Social Security Disability Appeals: Analysis of Cunningham v. Astrue

Date: Jan 6, 2010
Substantial Evidence and Party Substitution in Social Security Disability Appeals: Analysis of Cunningham v. Astrue Introduction Cunningham v. Astrue, 360 F. App'x 606 (6th Cir. 2010), presents a...
Deliberate Indifference and Qualified Immunity in ADA Claims: Insights from Mingus v. Butler

Deliberate Indifference and Qualified Immunity in ADA Claims: Insights from Mingus v. Butler

Date: Jan 6, 2010
Deliberate Indifference and Qualified Immunity in ADA Claims: Insights from Mingus v. Butler Introduction Mingus v. Butler, 591 F.3d 474 (6th Cir. 2010), is a pivotal case that examines the interplay...
Affirmation of SSA's Disability Determination Process: Upholding Substantial Evidence and 'Treating Source' Regulations

Affirmation of SSA's Disability Determination Process: Upholding Substantial Evidence and 'Treating Source' Regulations

Date: Dec 23, 2009
Affirmation of SSA's Disability Determination Process: Upholding Substantial Evidence and 'Treating Source' Regulations Introduction The case of Ahmed Hassan Nejat v. Commissioner of Social Security...
Defining 'Like or Similar Accommodations Businesses': 6th Circuit Upholds Exemption for Online Travel Companies from Transient Room Taxes

Defining 'Like or Similar Accommodations Businesses': 6th Circuit Upholds Exemption for Online Travel Companies from Transient Room Taxes

Date: Dec 23, 2009
Defining 'Like or Similar Accommodations Businesses': 6th Circuit Upholds Exemption for Online Travel Companies from Transient Room Taxes Introduction The case of Louisville/Jefferson County Metro...
Federal Primacy in Enforcing Forum Selection Clauses in Diversity Jurisdiction: Rose Wong v. PartyGaming

Federal Primacy in Enforcing Forum Selection Clauses in Diversity Jurisdiction: Rose Wong v. PartyGaming

Date: Dec 22, 2009
Federal Primacy in Enforcing Forum Selection Clauses in Diversity Jurisdiction: Rose Wong v. PartyGaming Introduction The case Rose Wong and Patrick Gibson v. PartyGaming Ltd.; PartyGaming PLC (589...
Reaffirming AEDPA's Dual Deference in Sufficiency of Evidence Challenges: The White v. Steele Decision

Reaffirming AEDPA's Dual Deference in Sufficiency of Evidence Challenges: The White v. Steele Decision

Date: Dec 22, 2009
Reaffirming AEDPA's Dual Deference in Sufficiency of Evidence Challenges: The White v. Steele Decision Introduction The case of Tabatha White v. Jewel Steele serves as a pivotal decision in the realm...
Protective Sweep Limitations in Warrantless Searches: Archibald v. United States

Protective Sweep Limitations in Warrantless Searches: Archibald v. United States

Date: Dec 16, 2009
Protective Sweep Limitations in Warrantless Searches: Archibald v. United States Introduction In United States of America v. Derrick Archibald, 589 F.3d 289 (6th Cir. 2009), the United States Court...
Sixth Circuit Reinforces Qualified Immunity Threshold for Police in Pretrial Detainee Medical Care Cases

Sixth Circuit Reinforces Qualified Immunity Threshold for Police in Pretrial Detainee Medical Care Cases

Date: Dec 11, 2009
Sixth Circuit Reinforces Qualified Immunity Threshold for Police in Pretrial Detainee Medical Care Cases Introduction In Spears v. Ruth and City of Cleveland, Tennessee, decided on December 10, 2009,...
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