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  • Commentaries
  • Judgments

6th Circuit Case Commentaries

Affirmation of Non-Misleading Debt Collection Practices under the FDCPA: United States v. Javitch, Block Rathbone

Affirmation of Non-Misleading Debt Collection Practices under the FDCPA: United States v. Javitch, Block Rathbone

Date: Apr 7, 2009
Affirmation of Non-Misleading Debt Collection Practices under the FDCPA: United States v. Javitch, Block Rathbone 1. Introduction In United States v. Javitch, Block Rathbone, 561 F.3d 588 (6th Cir....
Sixth Circuit Holds Violation of Collective Bargaining Agreement Not a Jurisdictional Prerequisite under §301 LMRA in Tackett v. M G Polymers

Sixth Circuit Holds Violation of Collective Bargaining Agreement Not a Jurisdictional Prerequisite under §301 LMRA in Tackett v. M G Polymers

Date: Apr 4, 2009
Sixth Circuit Holds Violation of Collective Bargaining Agreement Not a Jurisdictional Prerequisite under §301 LMRA in Tackett v. M G Polymers Introduction The case of Tackett v. M G Polymers, USA,...
Establishing New Grounds for Hearsay Exceptions and Collateral Estoppel in Employment Discrimination Cases: Cobbins v. Tennessee Department of Transportation

Establishing New Grounds for Hearsay Exceptions and Collateral Estoppel in Employment Discrimination Cases: Cobbins v. Tennessee Department of Transportation

Date: Apr 3, 2009
Establishing New Grounds for Hearsay Exceptions and Collateral Estoppel in Employment Discrimination Cases: Cobbins v. Tennessee Department of Transportation Introduction Gregory Cobbins v. Tennessee...
Reaffirmation of Constitutional Protections and Trial Fairness Standards in Clark v. United States

Reaffirmation of Constitutional Protections and Trial Fairness Standards in Clark v. United States

Date: Apr 3, 2009
Reaffirmation of Constitutional Protections and Trial Fairness Standards in Clark v. United States Introduction In the case of United States of America v. Jack L. Clark and Daniel Nixon (319 F. App'x...
Affirmation of BIA Decision Under Real ID Act: Sempagala v. Holder

Affirmation of BIA Decision Under Real ID Act: Sempagala v. Holder

Date: Apr 2, 2009
Affirmation of BIA Decision Under Real ID Act: Sempagala v. Holder Introduction In Nicholas Kimbugwe Sempagala v. Eric H. Holder, Jr., Attorney General of the United States (318 F. App'x 418, 6th...
Substantial Evidence Affirmed in Disability Determination: Lindsley v. SSA

Substantial Evidence Affirmed in Disability Determination: Lindsley v. SSA

Date: Apr 1, 2009
Substantial Evidence Affirmed in Disability Determination: Lindsley v. SSA Introduction In the case of George Lindsley v. Commissioner of Social Security, 560 F.3d 601 (6th Cir. 2009), George...
Affirmation of Police Officers' Convictions for Deprivation of Rights and Obstruction of Justice in United States v. Carson et al.

Affirmation of Police Officers' Convictions for Deprivation of Rights and Obstruction of Justice in United States v. Carson et al.

Date: Mar 31, 2009
Affirmation of Police Officers' Convictions for Deprivation of Rights and Obstruction of Justice in United States v. Carson et al. Introduction In the pivotal case of United States of America v....
Establishing the Boundaries of "New and Material Evidence" in Social Security Disability Appeals

Establishing the Boundaries of "New and Material Evidence" in Social Security Disability Appeals

Date: Mar 28, 2009
Establishing the Boundaries of "New and Material Evidence" in Social Security Disability Appeals Introduction The case of Almon Dale Allen v. Commissioner of Social Security (561 F.3d 646)...
Clarifying the Burden of Proof in Summary Judgment for Disparate Treatment Claims: Sybrandt v. Home Depot

Clarifying the Burden of Proof in Summary Judgment for Disparate Treatment Claims: Sybrandt v. Home Depot

Date: Mar 27, 2009
Clarifying the Burden of Proof in Summary Judgment for Disparate Treatment Claims: Sybrandt v. Home Depot Introduction The case of Sharon Turnbull Sybrandt v. Home Depot, U.S.A., Inc. revolves around...
In-Person Requirement for Parole Hearings Established in Terrell v. United States

In-Person Requirement for Parole Hearings Established in Terrell v. United States

Date: Mar 27, 2009
In-Person Requirement for Parole Hearings Established in Terrell v. United States Introduction The case of Sammy Lee Terrell v. United States of America, decided by the United States Court of Appeals...
Affirmation of Aiding and Abetting Conviction: Standards for Substitution of Counsel and Obstruction of Justice Enhancements

Affirmation of Aiding and Abetting Conviction: Standards for Substitution of Counsel and Obstruction of Justice Enhancements

Date: Mar 24, 2009
Affirmation of Aiding and Abetting Conviction: Standards for Substitution of Counsel and Obstruction of Justice Enhancements Introduction The case of United States of America v. Alfredo Delapaz...
Federal Railway Safety Act Preemption of FELA Claims Concerning Track Ballast

Federal Railway Safety Act Preemption of FELA Claims Concerning Track Ballast

Date: Mar 19, 2009
Federal Railway Safety Act Preemption of FELA Claims Concerning Track Ballast Introduction Stanley R. Nickels and Donald C. Cooper, former employees of Grand Trunk Western Railroad and CSX...
Redefining "Crime of Violence" in Sentencing: The Ford Decision

Redefining "Crime of Violence" in Sentencing: The Ford Decision

Date: Mar 19, 2009
Redefining "Crime of Violence" in Sentencing: The Ford Decision Introduction United States of America v. Jeffrey Lyndale Ford is a landmark decision by the United States Court of Appeals for the...
Dismissing FDCPA Claims in Foreclosure Actions: Insights from Whittiker v. Deutsche Bank

Dismissing FDCPA Claims in Foreclosure Actions: Insights from Whittiker v. Deutsche Bank

Date: Mar 18, 2009
Dismissing FDCPA Claims in Foreclosure Actions: Insights from Whittiker v. Deutsche Bank Introduction The case of Jerry A. Whittiker, et al. v. Deutsche Bank National Trust Company, et al. (605 F....
Clarifying "Crime of Violence" in Career Offender Enhancements: United States v. Baker

Clarifying "Crime of Violence" in Career Offender Enhancements: United States v. Baker

Date: Mar 17, 2009
Clarifying "Crime of Violence" in Career Offender Enhancements: United States v. Baker Introduction United States v. Myron Baker, 559 F.3d 443 (6th Cir. 2009), addresses significant aspects of...
Affirmation of Denial of Ineffective Assistance of Counsel in Capital Cases: Cornwell v. Bradshaw

Affirmation of Denial of Ineffective Assistance of Counsel in Capital Cases: Cornwell v. Bradshaw

Date: Mar 12, 2009
Affirmation of Denial of Ineffective Assistance of Counsel in Capital Cases: Cornwell v. Bradshaw Introduction Cornwell v. Bradshaw is a pivotal case adjudicated by the United States Court of Appeals...
Mootness Doctrine in Habeas Corpus Appeals: Demis v. Sniezek Establishes Judicial Boundaries

Mootness Doctrine in Habeas Corpus Appeals: Demis v. Sniezek Establishes Judicial Boundaries

Date: Mar 10, 2009
Mootness Doctrine in Habeas Corpus Appeals: Demis v. Sniezek Establishes Judicial Boundaries Introduction In the case of Louis W. Demis v. T.R. Sniezek, Warden; Harley G. Lappin, the United States...
Establishing the Threshold for Emotional Distress in Hostile Work Environment Claims: Betts v. Costco

Establishing the Threshold for Emotional Distress in Hostile Work Environment Claims: Betts v. Costco

Date: Mar 6, 2009
Establishing the Threshold for Emotional Distress in Hostile Work Environment Claims: Betts v. Costco Introduction Betts et al. v. Costco Wholesale Corporation is a significant appellate decision...
Conflict of Interest and Arbitrary Denials in ERISA Long-Term Disability Claims: Sherry DeLisle v. Sun Life Assurance Co. of Canada

Conflict of Interest and Arbitrary Denials in ERISA Long-Term Disability Claims: Sherry DeLisle v. Sun Life Assurance Co. of Canada

Date: Mar 5, 2009
Conflict of Interest and Arbitrary Denials in ERISA Long-Term Disability Claims: Sherry DeLisle v. Sun Life Assurance Co. of Canada Introduction The case of Sherry DeLisle, Plaintiff-Appellee, v. Sun...
Affirming Government's Authority to Collect Health Education Loans: United States v. Petroff-Kline

Affirming Government's Authority to Collect Health Education Loans: United States v. Petroff-Kline

Date: Mar 4, 2009
Affirming Government's Authority to Collect Health Education Loans: United States v. Petroff-Kline Introduction United States v. Patricia Petroff-Kline is a significant case adjudicated by the United...
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