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  • Commentaries
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6th Circuit Case Commentaries

Klepsky v. UPS: Clarifying Preemption of State Public Policy and Whistleblower Claims under the Labor Management Relations Act

Klepsky v. UPS: Clarifying Preemption of State Public Policy and Whistleblower Claims under the Labor Management Relations Act

Date: Jun 13, 2007
Klepsky v. United Parcel Service: Clarifying Preemption of State Public Policy and Whistleblower Claims under the Labor Management Relations Act Introduction In Klepsky v. United Parcel Service,...
Reaffirming Convictions and Clarifying Witness Testimony Standards in Medicare Fraud: United States v. White et al.

Reaffirming Convictions and Clarifying Witness Testimony Standards in Medicare Fraud: United States v. White et al.

Date: Jun 12, 2007
Reaffirming Convictions and Clarifying Witness Testimony Standards in Medicare Fraud: United States v. White et al. Introduction The case of United States of America v. Richard B. White; Michael A....
Establishing Precedent for Undue Hardship in Student Loan Discharges: In re Thomas Francis Barrett, Jr.

Establishing Precedent for Undue Hardship in Student Loan Discharges: In re Thomas Francis Barrett, Jr.

Date: Jun 9, 2007
Establishing Precedent for Undue Hardship in Student Loan Discharges: In re Thomas Francis Barrett, Jr. Introduction In the landmark case of In re Thomas Francis Barrett, Jr., Debtor, the United...
Affirming Denial of Qualified Immunity in Patronage Dismissals: Insights from Lane v. City of LaFollette

Affirming Denial of Qualified Immunity in Patronage Dismissals: Insights from Lane v. City of LaFollette

Date: Jun 7, 2007
Affirming Denial of Qualified Immunity in Patronage Dismissals: Insights from Lane v. City of LaFollette Introduction The case of Landon Lane v. City of LaFollette explores the intricate balance...
Supervised Release Limits and Double Jeopardy Protections: Insights from United States v. Climmie Jones, Jr.

Supervised Release Limits and Double Jeopardy Protections: Insights from United States v. Climmie Jones, Jr.

Date: Jun 6, 2007
Supervised Release Limits and Double Jeopardy Protections: Insights from United States v. Climmie Jones, Jr. Introduction The case of United States of America v. Climmie Jones, Jr., 489 F.3d 243 (6th...
Affirmation of Time-Barred Claims and Qualified Immunity in Fox v. DeSoto

Affirmation of Time-Barred Claims and Qualified Immunity in Fox v. DeSoto

Date: Jun 5, 2007
Affirmation of Time-Barred Claims and Qualified Immunity in Fox v. DeSoto Introduction In Brandon Fox v. Ronald DeSoto, Louisville Regional Airport Authority, 489 F.3d 227 (6th Cir. 2007), the United...
Kentucky's 2005 Tax Amendments Uphold Dormant Commerce Clause Compliance

Kentucky's 2005 Tax Amendments Uphold Dormant Commerce Clause Compliance

Date: Jun 1, 2007
Kentucky's 2005 Tax Amendments Uphold Dormant Commerce Clause Compliance Introduction In the landmark case DIRECTV, Inc. and EchoStar Satellite L.L.C. v. Mark Treesh, Commissioner for the Department...
Classification of Rule 60(b) Motions as Successive §2255 Motions: In re Larry Nailor

Classification of Rule 60(b) Motions as Successive §2255 Motions: In re Larry Nailor

Date: Jun 1, 2007
Classification of Rule 60(b) Motions as Successive §2255 Motions: In re Larry Nailor Introduction In the case of In re Larry Nailor, decided by the United States Court of Appeals for the Sixth...
Enhancing Liability for Emotional Distress in Debt Collection: MacDermid v. Discover Financial Services

Enhancing Liability for Emotional Distress in Debt Collection: MacDermid v. Discover Financial Services

Date: May 30, 2007
Enhancing Liability for Emotional Distress in Debt Collection: MacDermid v. Discover Financial Services Introduction In Donald H. MacDermid, Indi v. Discover Financial Services d/b/a Discover Charge...
Hot Pursuit Exception Reinforced in United States v. Johnson (6th Cir. 2007)

Hot Pursuit Exception Reinforced in United States v. Johnson (6th Cir. 2007)

Date: May 26, 2007
Hot Pursuit Exception Reinforced in United States v. Johnson (6th Cir. 2007) Introduction In the appellate case of United States v. Michael D. Johnson, heard by the United States Court of Appeals for...
Mandating Knowledge of Felon Status for Aiding and Abetting under 18 U.S.C. §922(g)(1): Analysis of United States v. Gardner

Mandating Knowledge of Felon Status for Aiding and Abetting under 18 U.S.C. §922(g)(1): Analysis of United States v. Gardner

Date: May 26, 2007
Mandating Knowledge of Felon Status for Aiding and Abetting under 18 U.S.C. §922(g)(1): Analysis of United States v. Gardner Introduction In the landmark case United States v. Gardner, decided by the...
Reaffirmation of High Standards for Rule 60(b)(6) Relief in Settlement Agreement Breaches

Reaffirmation of High Standards for Rule 60(b)(6) Relief in Settlement Agreement Breaches

Date: May 25, 2007
Reaffirmation of High Standards for Rule 60(b)(6) Relief in Settlement Agreement Breaches Introduction In the landmark case Ford Motor Company v. Mustangs Unlimited, Inc., adjudicated by the United...
Enhancing Fourth Amendment Protections: Seizure vs. Consensual Encounter in Campbell v. United States

Enhancing Fourth Amendment Protections: Seizure vs. Consensual Encounter in Campbell v. United States

Date: May 25, 2007
Enhancing Fourth Amendment Protections: Seizure vs. Consensual Encounter in Campbell v. United States Introduction In United States of America v. Steven G. Campbell, 486 F.3d 949 (6th Cir. 2007), the...
Proper Weighting of Treating Physicians' Testimony in Disability Claims: Rogers v. Commissioner of Social Security

Proper Weighting of Treating Physicians' Testimony in Disability Claims: Rogers v. Commissioner of Social Security

Date: May 25, 2007
Proper Weighting of Treating Physicians' Testimony in Disability Claims: Rogers v. Commissioner of Social Security Introduction The case of Debra Rogers v. Commissioner of Social Security serves as a...
Enforceability of Joinder Deadlines in Involuntary Bankruptcy Petitions: Insights from In re DSC, Ltd.

Enforceability of Joinder Deadlines in Involuntary Bankruptcy Petitions: Insights from In re DSC, Ltd.

Date: May 24, 2007
Enforceability of Joinder Deadlines in Involuntary Bankruptcy Petitions: Insights from In re DSC, Ltd. Introduction The case of Riverview Trenton Railroad Company; Crown Enterprises, Inc. v. DSC,...
Qualified Immunity for Emergency Responders in Fourth Amendment Claims: Peete v. Metropolitan Government of Nashville

Qualified Immunity for Emergency Responders in Fourth Amendment Claims: Peete v. Metropolitan Government of Nashville

Date: May 23, 2007
Qualified Immunity for Emergency Responders in Fourth Amendment Claims: Peete v. Metropolitan Government of Nashville Introduction Peete v. Metropolitan Government of Nashville and Davidson County is...
Enforceability of Non-Compete Covenants in the Title Insurance Industry: Insights from Chicago Title Insurance Corp. v. Magnuson

Enforceability of Non-Compete Covenants in the Title Insurance Industry: Insights from Chicago Title Insurance Corp. v. Magnuson

Date: May 22, 2007
Enforceability of Non-Compete Covenants in the Title Insurance Industry: Insights from Chicago Title Insurance Corp. v. Magnuson 1. Introduction The case of Chicago Title Insurance Corporation v....
United States v. Joseph Arnold: Establishing New Standards for Confrontation Clause and Excited Utterance Exceptions

United States v. Joseph Arnold: Establishing New Standards for Confrontation Clause and Excited Utterance Exceptions

Date: May 19, 2007
United States v. Joseph Arnold: Establishing New Standards for Confrontation Clause and Excited Utterance Exceptions Introduction The case of United States of America, Plaintiff-Appellee, v. Joseph...
Affirmation of Procedural Rulings and Ineffective Counsel Claims in Death Penalty Habeas Corpus Petition

Affirmation of Procedural Rulings and Ineffective Counsel Claims in Death Penalty Habeas Corpus Petition

Date: May 19, 2007
Affirmation of Procedural Rulings and Ineffective Counsel Claims in Death Penalty Habeas Corpus Petition Introduction In the landmark case of Darryl M. Durr v. Betty Mitchell, 487 F.3d 423 (6th Cir....
Mapouya v. Gonzales: Upholding Fair Credibility Assessments and Re-evaluating Changed Country Conditions in Asylum Proceedings

Mapouya v. Gonzales: Upholding Fair Credibility Assessments and Re-evaluating Changed Country Conditions in Asylum Proceedings

Date: May 19, 2007
Mapouya v. Gonzales: Upholding Fair Credibility Assessments and Re-evaluating Changed Country Conditions in Asylum Proceedings Introduction In the case of Blaise Mapouya v. Alberto R. Gonzales,...
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