6th Circuit Case Commentaries

Hollis v. Chestnut Bend Homeowners Association: Redefining Summary-Judgment Standards for Reasonable Modifications under the Fair Housing Act

Date: Jul 30, 2014

Hollis v. Chestnut Bend Homeowners Association: Redefining Summary-Judgment Standards for Reasonable Modifications under the Fair Housing Act Introduction In Charles M. Hollis, Jr.; Melanie Hollis,...

Affirming the Primacy of Touhy Regulations in Subpoena Procedures: Lyimo v. United States

Date: Jul 29, 2014

Affirming the Primacy of Touhy Regulations in Subpoena Procedures: Lyimo v. United States Introduction The case of United States of America v. Neville Lyimo highlights critical aspects of federal...

Clarifying the Confrontation Clause under 28 U.S.C. § 2254(d): Analysis of Williams v. Bauman

Date: Jul 22, 2014

Clarifying the Confrontation Clause under 28 U.S.C. § 2254(d): Analysis of Williams v. Bauman Introduction Reginald Williams, the petitioner, was convicted in a Michigan state court for the fatal...

Randolph–Sheppard Act Jurisdictional Clarification: OFB v. United States

Date: Jul 22, 2014

Randolph–Sheppard Act Jurisdictional Clarification: Office for the Blind v. United States Introduction The case of Commonwealth of Kentucky, Education and Workforce Development Cabinet, Office for...

Starkey v. JPMorgan Chase: Upholding Statute of Limitations and Strict Pleading Standards

Date: Jul 22, 2014

Starkey v. JPMorgan Chase: Upholding Statute of Limitations and Strict Pleading Standards Introduction The case of Joseph A. Starkey and Barbara Starkey v. JPMorgan Chase Bank, N.A. (573 F. App'x...

Sixth Circuit Clarifies Application of HECK v. HUMPHREY to Third-Party §1983 Claims

Date: Jul 22, 2014

Sixth Circuit Clarifies Application of HECK v. HUMPHREY to Third-Party §1983 Claims Introduction The case of Essex Hayward; Annie Hayward; Aaron Hayward v. Cleveland Clinic Foundation, et al. (759...

Excessive Force and Qualified Immunity: Cordell v. McKinney

Date: Jul 17, 2014

Excessive Force and Qualified Immunity: Cordell v. McKinney Introduction In the case of Phillip Cordell v. Glen McKinney, adjudicated by the United States Court of Appeals for the Sixth Circuit on...

6th Circuit Affirms Dismissal of Discrimination and Retaliation Claims in BBF Engineering Services v. State of Michigan

Date: Jul 17, 2014

6th Circuit Affirms Dismissal of Discrimination and Retaliation Claims in BBF Engineering Services v. State of Michigan Introduction In the case of Bellandra Foster; BBF Engineering Services, PC v....

Establishing Broader Standing for TCPA Class Actions: American Copper & Brass, Inc. v. Lake City Industrial Products, Inc.

Date: Jul 10, 2014

Establishing Broader Standing for TCPA Class Actions: American Copper & Brass, Inc. v. Lake City Industrial Products, Inc. Introduction In July 2014, the United States Court of Appeals for the Sixth...

Defining 'Similarly Situated' in Employment Discrimination: Sixth Circuit Upholds Summary Judgment in Lynch v. ITT Educational Services

Date: Jul 9, 2014

Defining 'Similarly Situated' in Employment Discrimination: Sixth Circuit Upholds Summary Judgment in Lynch v. ITT Educational Services Introduction The case of Graham Lynch v. ITT Educational...

Affirmation of Judicial Dismissal in Carmichael v. City of Cleveland Establishes Strict Standards for Federal Claims

Date: Jul 8, 2014

Affirmation of Judicial Dismissal in Carmichael v. City of Cleveland Establishes Strict Standards for Federal Claims Introduction The case of Donnita Carmichael, Plaintiff-Appellant, v. City of...

Affirmation of Preemption in Propoxyphene Litigation: Reinforcing Mensing and Bartlett in Preventing State Law Claims Against Generic and Brand Drug Manufacturers

Date: Jun 28, 2014

Affirmation of Preemption in Propoxyphene Litigation: Reinforcing Mensing and Bartlett in Preventing State Law Claims Against Generic and Brand Drug Manufacturers Introduction The case of Yanise...

United States v. Field: Defining the Scope of Ancillary Jurisdiction for Expunging Arrest Records

Date: Jun 28, 2014

United States v. Field: Defining the Scope of Ancillary Jurisdiction for Expunging Arrest Records Introduction The case of United States of America v. Stacey Field, adjudicated by the United States...

Res Judicata in Federal Claims: Insights from Southfield Education Association v. Southfield Board of Education

Date: Jun 27, 2014

Res Judicata in Federal Claims: Insights from Southfield Education Association v. Southfield Board of Education Introduction The case of Southfield Education Association v. Southfield Board of...

Alleyne v. United States: Implications on Successive § 2255 Petitions

Date: Jun 25, 2014

Alleyne v. United States: Implications on Successive § 2255 Petitions Introduction In In re Anthony Mazzio, Movant. (756 F.3d 487), the United States Court of Appeals for the Sixth Circuit addressed...

Affirmation of Qualified Immunity in Neileigh Regets v. City of Plymouth

Date: Jun 11, 2014

Affirmation of Qualified Immunity in Neileigh Regets v. City of Plymouth Introduction The case of Neileigh Regets v. City of Plymouth revolves around allegations made by Neileigh Regets against the...

Establishing Immunity Boundaries in Fabrication and Concealment Claims: LeFever v. Ferguson

Date: Jun 7, 2014

Establishing Immunity Boundaries in Fabrication and Concealment Claims: LeFever v. Ferguson Introduction In the landmark case of ALEX LEFEVER, Plaintiff-Appellee, VIRGINIA LEFEVER, Plaintiff-Appellee...

Affirmation of Distinct Distinctions Between 'Extend' and 'Renew' Options in Ohio Oil and Gas Leases

Date: Jun 7, 2014

Affirmation of Distinct Distinctions Between 'Extend' and 'Renew' Options in Ohio Oil and Gas Leases Introduction In the landmark case of Eastham v. Chesapeake Appalachia, L.L.C., cited as 754 F.3d...

Liberty Coins v. Goodman: Reaffirming Rational Basis in Business Regulation

Date: Jun 6, 2014

Liberty Coins v. Goodman: Reaffirming Rational Basis in Business Regulation Introduction In Liberty Coins, LLC; John Michael Tomaso v. Goodman, the United States Court of Appeals for the Sixth...

Reevaluation of Mandatory Minimums under the Modified Categorical Approach: Insights from United States v. Davis

Date: May 29, 2014

Reevaluation of Mandatory Minimums under the Modified Categorical Approach: Insights from United States v. Davis Introduction United States v. Kevin A. Davis (751 F.3d 769, 6th Cir. 2014) is a...