6th Circuit Case Commentaries

Ensuring Comprehensive Justifications for Attorney's Fees in FLSA Cases: Sixth Circuit Vacates Fee Award in Smith v. ServiceMaster

Date: Nov 15, 2014

Ensuring Comprehensive Justifications for Attorney's Fees in FLSA Cases: Sixth Circuit Vacates Fee Award in Smith v. ServiceMaster Introduction In the landmark case Smith v. ServiceMaster, the United...

Volunteer Status and Title VII Protections: Comprehensive Analysis of Sister Marie & Sister Cabrini v. American Red Cross

Date: Nov 15, 2014

Volunteer Status and Title VII Protections: Comprehensive Analysis of Sister Marie & Sister Cabrini v. American Red Cross Introduction The case of Sister Michael Marie and Sister Mary Cabrini versus...

ERISA Preemption Enforced: Strict Adherence to Policy Notice and Limitations in Mazur v. Unum Insurance Company

Date: Oct 29, 2014

ERISA Preemption Enforced: Strict Adherence to Policy Notice and Limitations in Mazur v. Unum Insurance Company Introduction Stephen Mazur, the plaintiff-appellant, filed a lawsuit against Unum...

Affirmation of Convictions and Sentencing Discretion in Sherer v. United States

Date: Oct 23, 2014

Affirmation of Convictions and Sentencing Discretion in Sherer v. United States Introduction In the case of United States of America v. Quentin Sherer and Martin Tucker, decided on October 22, 2014,...

Qualified Immunity and the Use of Chemical Agents in Correctional Facilities: Insights from Roberson v. Torres

Date: Oct 22, 2014

Qualified Immunity and the Use of Chemical Agents in Correctional Facilities: Insights from Roberson v. Torres Introduction In the landmark case of Nicholas Roberson v. James Torres, 770 F.3d 398...

Establishing the Importance of Considered Treatment Opinions in Disability Determinations: Keeton v. Commissioner of Social Security

Date: Oct 15, 2014

Establishing the Importance of Considered Treatment Opinions in Disability Determinations: Keeton v. Commissioner of Social Security Introduction Keeton v. Commissioner of Social Security is a...

Defining Collective Corporate Scienter in Securities Fraud: Insights from In re Omnicare, Inc. Litigation

Date: Oct 11, 2014

Defining Collective Corporate Scienter in Securities Fraud: Insights from In re Omnicare, Inc. Litigation Introduction The case of In re Omnicare, Inc. Securities Litigation adjudicated by the United...

Affirmation of Denial of Preliminary Injunction in Ohio Judicial Campaign Conduct Case: Standing and First Amendment Implications

Date: Oct 9, 2014

Affirmation of Denial of Preliminary Injunction in Ohio Judicial Campaign Conduct Case: Standing and First Amendment Implications Introduction The case of Joseph J. Platt; Platt For Judge Campaign...

Procedural Default Under AEDPA: An Analysis of SCOTT v. HOUK

Date: Oct 3, 2014

Procedural Default Under AEDPA: An Analysis of SCOTT v. HOUK Introduction In the case of Michael Dean Scott v. Marc Houk, Warden, 760 F.3d 497 (6th Cir. 2014), the United States Court of Appeals for...

Affirming the Limits of Michigan’s Long-Arm Statute in Asserting Personal Jurisdiction Over Foreign Entities: Beydoun v. Wataniya Restaurants Holding

Date: Sep 20, 2014

Affirming the Limits of Michigan’s Long-Arm Statute in Asserting Personal Jurisdiction Over Foreign Entities: Beydoun v. Wataniya Restaurants Holding Introduction In the case of Nasser M. Beydoun and...

Limitations on Pro Se Retaliation Claims Under Title VII: Analysis of Brown v. SCBOE

Date: Sep 16, 2014

Limitations on Pro Se Retaliation Claims Under Title VII: Analysis of Brown v. SCBOE Introduction Brown v. Board of Education of Shelby County Schools, No. 13–2586, was adjudicated in the United...

Enhancement for Maintaining a Premises for Drug Manufacturing: Bell v. United States

Date: Sep 13, 2014

Enhancement for Maintaining a Premises for Drug Manufacturing: Bell v. United States Introduction In United States of America v. Curtis Bell, Jr., 766 F.3d 634 (6th Cir. 2014), the United States...

Reclassification of Sales Representatives and the Invalidity of Collective-Action Waivers under FLSA: Killion v. KeHE Distributors, LLC

Date: Sep 12, 2014

Reclassification of Sales Representatives and the Invalidity of Collective-Action Waivers under FLSA: Killion v. KeHE Distributors, LLC Introduction The case Thomas E. Killion et al.,...

Affirmation of Summary Judgment in Employment Discrimination Case: Loyd v. Saint Joseph Mercy Oakland

Date: Sep 11, 2014

Affirmation of Summary Judgment in Employment Discrimination Case: Loyd v. Saint Joseph Mercy Oakland Introduction Loyd v. Saint Joseph Mercy Oakland is a pivotal case adjudicated by the United...

Intentional Concealment in Insurance Claims: Rose v. State Farm Establishes New Precedent

Date: Sep 9, 2014

Intentional Concealment in Insurance Claims: Rose v. State Farm Establishes New Precedent Introduction Rose v. State Farm, 766 F.3d 532 (6th Cir. 2014), is a pivotal case in the realm of insurance...

Sixth Circuit Affirms FTC's Joint and Several Liability Ruling in Deceptive Debt Relief Schemes

Date: Sep 9, 2014

Sixth Circuit Affirms FTC's Joint and Several Liability Ruling in Deceptive Debt Relief Schemes Introduction In the case of Federal Trade Commission (FTC) v. E.M.A. Nationwide, Inc., et al., the...

Proper Evaluation of Listing 12.05(C) in Social Security Disability Appeals: Insights from Smith-Johnson v. Commissioner of Social Security

Date: Sep 9, 2014

Proper Evaluation of Listing 12.05(C) in Social Security Disability Appeals: Insights from Smith-Johnson v. Commissioner of Social Security Introduction The case of Kimberly Smith-Johnson v....

Amending §2255 Motions: Defining 'Second or Successive' Applications Under AEDPA – United States v. Clark

Date: Sep 5, 2014

Amending §2255 Motions: Defining 'Second or Successive' Applications Under AEDPA – United States v. Clark Introduction In United States v. Clark, 764 F.3d 653 (6th Cir. 2014), the United States Court...

Excessive Force in Post-Handcuff Interactions: Bolick v. City of East Grand Rapids

Date: Sep 4, 2014

Excessive Force in Post-Handcuff Interactions: Bolick v. City of East Grand Rapids Introduction Bolick v. City of East Grand Rapids is a pivotal case adjudicated by the United States Court of Appeals...

Retaliation under the First Amendment: Benison v. Ross Establishes New Precedent

Date: Sep 4, 2014

Retaliation under the First Amendment: Benison v. Ross Establishes New Precedent Introduction Benison v. Ross, decided by the United States Court of Appeals for the Sixth Circuit on September 3,...