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  • Commentaries
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6th Circuit Case Commentaries

Enhancing Prisoners’ First Amendment Retaliation Protections: Nali v. Ekman

Enhancing Prisoners’ First Amendment Retaliation Protections: Nali v. Ekman

Date: Dec 10, 2009
Enhancing Prisoners’ First Amendment Retaliation Protections: Nali v. Ekman Introduction Frank Nali v. J. Ekman, et al. is a significant case adjudicated by the United States Court of Appeals for the...
Holder v. Palmer: Upholding the Presumption of Juror Impartiality in the Face of Revealed Bias

Holder v. Palmer: Upholding the Presumption of Juror Impartiality in the Face of Revealed Bias

Date: Dec 10, 2009
Holder v. Palmer: Upholding the Presumption of Juror Impartiality in the Face of Revealed Bias Introduction Holder v. Palmer, 588 F.3d 328 (6th Cir. 2009), addresses critical issues surrounding the...
Upholding Eighth Amendment Standards: Ohio's Revised One-Drug Lethal Injection Protocol in Cooey (Biros) v. Strickland

Upholding Eighth Amendment Standards: Ohio's Revised One-Drug Lethal Injection Protocol in Cooey (Biros) v. Strickland

Date: Dec 8, 2009
Upholding Eighth Amendment Standards: Ohio's Revised One-Drug Lethal Injection Protocol in Cooey (Biros) v. Strickland, 589 F.3d 210 (6th Cir. 2009) Introduction Cooey (Biros) v. Strickland is a...
Establishing Proximate Causation in Health Care Fraud: Martinez v. United States

Establishing Proximate Causation in Health Care Fraud: Martinez v. United States

Date: Dec 2, 2009
Establishing Proximate Causation in Health Care Fraud: Martinez v. United States Introduction The case of United States of America v. Jorge A. Martinez (588 F.3d 301) adjudicated by the United States...
Relevance of Absence of Prior Accidents in Negligence and Supervision Claims: Analysis of Dortch v. Con-Way Transportation Services

Relevance of Absence of Prior Accidents in Negligence and Supervision Claims: Analysis of Dortch v. Con-Way Transportation Services

Date: Dec 1, 2009
Relevance of Absence of Prior Accidents in Negligence and Supervision Claims: Analysis of Dortch v. Con-Way Transportation Services Introduction The appellate case of Angela Dortch and Donald Dortch...
Preserving Procedural Objections in Sentencing Appeals: Insights from United States v. Simmons

Preserving Procedural Objections in Sentencing Appeals: Insights from United States v. Simmons

Date: Nov 24, 2009
Preserving Procedural Objections in Sentencing Appeals: Insights from United States v. Simmons Introduction United States v. Curtis A. Simmons, 587 F.3d 348 (6th Cir. 2009), is a pivotal case that...
Procedural Defaults and Effective Assistance of Counsel: Insights from Zimmerman v. Cason

Procedural Defaults and Effective Assistance of Counsel: Insights from Zimmerman v. Cason

Date: Nov 21, 2009
Procedural Defaults and Effective Assistance of Counsel: Insights from Zimmerman v. Cason Introduction Zimmerman v. Cason, 354 F. App'x 228 (6th Cir. 2009), is a pivotal case adjudicated by the...
Enforcement of Equitable Liens Under ERISA: The Longaberger v. Kolt Decision

Enforcement of Equitable Liens Under ERISA: The Longaberger v. Kolt Decision

Date: Nov 17, 2009
Enforcement of Equitable Liens Under ERISA: The Longaberger v. Kolt Decision 1. Introduction The case of The Longaberger Company v. Jeffrey A. Kolt presents a pivotal interpretation of the Employee...
Preservation of Appealable Issues in Conditional Guilty Pleas and Indictment Sufficiency Confirmed by the Sixth Circuit in Computer Fraud Conspiracy

Preservation of Appealable Issues in Conditional Guilty Pleas and Indictment Sufficiency Confirmed by the Sixth Circuit in Computer Fraud Conspiracy

Date: Nov 13, 2009
Preservation of Appealable Issues in Conditional Guilty Pleas and Indictment Sufficiency Confirmed by the Sixth Circuit in Computer Fraud Conspiracy Introduction The case of United States of America...
Affirmation of Qualified Immunity in Police Pursuit Leading to Civil Liability Denial: Jones v. Byrnes

Affirmation of Qualified Immunity in Police Pursuit Leading to Civil Liability Denial: Jones v. Byrnes

Date: Nov 10, 2009
Affirmation of Qualified Immunity in Police Pursuit Leading to Civil Liability Denial: Jones v. Byrnes Introduction Genora Jones, acting as the Personal Representative of the Estate of Clayton Jones,...
Recognition of Particular Social Group in Withholding of Removal: Al-Ghorbani v. Holder

Recognition of Particular Social Group in Withholding of Removal: Al-Ghorbani v. Holder

Date: Nov 10, 2009
Recognition of Particular Social Group in Withholding of Removal: Al-Ghorbani v. Holder Introduction Abdulmunaem Abdullah Al-Ghorbani and Salah Abdullah Alghurbani v. Eric H. Holder, Jr., Attorney...
Limits on Duty to Defend and Indemnify in Asset Purchase Agreements: Insights from Ferro Corporation v. Cookson Group, plc

Limits on Duty to Defend and Indemnify in Asset Purchase Agreements: Insights from Ferro Corporation v. Cookson Group, plc

Date: Nov 7, 2009
Limits on Duty to Defend and Indemnify in Asset Purchase Agreements: Insights from Ferro Corporation v. Cookson Group, plc Introduction In the case of Ferro Corporation v. Cookson Group, plc, the...
Affirmation of AEDPA Standards in Post-Conviction Habeas Corpus Review: Webb v. Mitchell

Affirmation of AEDPA Standards in Post-Conviction Habeas Corpus Review: Webb v. Mitchell

Date: Nov 6, 2009
Affirmation of AEDPA Standards in Post-Conviction Habeas Corpus Review: Webb v. Mitchell Introduction The case of Michael D. Webb v. Betty Mitchell, adjudicated by the United States Court of Appeals...
Enhanced Duty of Defense Counsel in Capital Sentencing: Gary Van Johnson v. Betty Mitchell

Enhanced Duty of Defense Counsel in Capital Sentencing: Gary Van Johnson v. Betty Mitchell

Date: Nov 5, 2009
Enhanced Duty of Defense Counsel in Capital Sentencing: Gary Van Johnson v. Betty Mitchell Introduction The case of Gary Van Johnson, Petitioner-Appellant, v. Betty Mitchell, Warden,...
Reversal of Qualified Immunity Denial in Police Deadly Force Case: Chappell v. City of Cleveland

Reversal of Qualified Immunity Denial in Police Deadly Force Case: Chappell v. City of Cleveland

Date: Nov 5, 2009
Reversal of Qualified Immunity Denial in Police Deadly Force Case: Chappell v. City of Cleveland Introduction Chappell v. City of Cleveland is a pivotal case adjudicated by the United States Court of...
Limits on Sentence Reduction Under 18 U.S.C. § 3582(c)(2) Post-Booker: United States v. Washington (584 F.3d 693)

Limits on Sentence Reduction Under 18 U.S.C. § 3582(c)(2) Post-Booker: United States v. Washington (584 F.3d 693)

Date: Oct 28, 2009
Limits on Sentence Reduction Under 18 U.S.C. § 3582(c)(2) Post-Booker: United States v. Washington (584 F.3d 693) Introduction In the case United States of America v. Errol Eugene Washington, the...
Indemnification Rights Under State Law Not Preempted by the Commodity Exchange Act

Indemnification Rights Under State Law Not Preempted by the Commodity Exchange Act

Date: Oct 28, 2009
Indemnification Rights Under State Law Not Preempted by the Commodity Exchange Act Introduction In the appellate case Todd J. Delay v. Rosenthal Collins Group, LLC, 585 F.3d 1003 (6th Cir. 2009), the...
Sixth Circuit Reverses Dismissal of Section 11 Claims in Omnicare Securities Litigation

Sixth Circuit Reverses Dismissal of Section 11 Claims in Omnicare Securities Litigation

Date: Oct 22, 2009
Sixth Circuit Reverses Dismissal of Section 11 Claims in Omnicare Securities Litigation Introduction In the landmark case of Indiana State District Council of Laborers and Hod Carriers Pension and...
Rule 41(a)(2) Dismissals and Attorney Fees: Insights from BRIDGEPORT MUSIC v. UNIVERSAL-MCA Music Publishing

Rule 41(a)(2) Dismissals and Attorney Fees: Insights from BRIDGEPORT MUSIC v. UNIVERSAL-MCA Music Publishing

Date: Oct 22, 2009
Rule 41(a)(2) Dismissals and Attorney Fees: Insights from BRIDGEPORT MUSIC v. UNIVERSAL-MCA Music Publishing Introduction The case of Bridgeport Music, Inc., et al. v. Universal-MCA Music Publishing,...
No Child Left Behind: Sixth Circuit Affirms State Obligations Under the Spending Clause

No Child Left Behind: Sixth Circuit Affirms State Obligations Under the Spending Clause

Date: Oct 17, 2009
Affirmation of NCLB's Enforcement: States Must Comply with Educational Mandates Despite Funding Shortfalls Introduction In the landmark appellate decision of School District of the City of Pontiac,...
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