6th Circuit Case Commentaries

Strict Scienter Standards Under PSLRA Confirmed in BioMimetic Therapeutics Securities Fraud Case

Date: Mar 29, 2014

Strict Scienter Standards Under PSLRA Confirmed in BioMimetic Therapeutics Securities Fraud Case Introduction The case of Paula Kuyat et al. v. BioMimetic Therapeutics, Inc. serves as a pivotal...

Affirmation of ALJ's Application of the Treating-Physician Rule in Disability Determinations: Hill v. Commissioner of Social Security

Date: Mar 28, 2014

Affirmation of ALJ's Application of the Treating-Physician Rule in Disability Determinations: Hill v. Commissioner of Social Security Introduction In the case of Stephanie M. Hill v. Commissioner of...

Involuntary Employee Transfers as Adverse Employment Actions: Deleon v. KCR Commission

Date: Mar 21, 2014

Involuntary Employee Transfers as Adverse Employment Actions: Deleon v. KCR Commission Introduction The case of Robert Deleon and Mae Deleon v. Kalamazoo County Road Commission presents a pivotal...

Martinez-Trevino Precedents Applied to Tennessee Habeas Petition: Sutton v. Carpenter

Date: Mar 20, 2014

Martinez-Trevino Precedents Applied to Tennessee Habeas Petition: Sutton v. Carpenter 1. Introduction Gary Wayne Sutton, the petitioner-appellant, was convicted in 1993 in Tennessee of premeditated...

Admissibility of Criminal History to Demonstrate Officer's State of Mind: Bronzino v. Dunn

Date: Mar 14, 2014

Admissibility of Criminal History to Demonstrate Officer's State of Mind: Bronzino v. Dunn Introduction Paolo Bronzino, a minor at the time of the events, initiated a civil action under 42 U.S.C. §...

Qualified Immunity Upholds Suspicionless Strip Searches in Juvenile Detention Centers

Date: Mar 14, 2014

Qualified Immunity Upholds Suspicionless Strip Searches in Juvenile Detention Centers Introduction In the case of T.S. and T.S., next friends of J.S. and K.S., Plaintiffs–Appellees, v. John DOE,...

Double Jeopardy and Cumulative Sentencing for Allied Offenses: Morris Jackson v. Keith Smith

Date: Mar 8, 2014

Double Jeopardy and Cumulative Sentencing for Allied Offenses: Morris Jackson v. Keith Smith Introduction The case of Morris Jackson v. Keith Smith addresses the complex interplay between state...

Robbery Classified as Violent Felony under ACCA: Comprehensive Analysis of U.S. v. Mitchell

Date: Mar 1, 2014

Robbery Classified as Violent Felony under ACCA: Comprehensive Analysis of U.S. v. Mitchell Introduction In the landmark case of United States of America, Plaintiff–Appellee, v. Darnell Mitchell,...

Affirmation of Interactive Process and Essential Function Determination in ADA Disability Discrimination: Rorrer v. City of Stow

Date: Feb 27, 2014

Affirmation of Interactive Process and Essential Function Determination in ADA Disability Discrimination: Rorrer v. City of Stow Introduction Anthony Rorrer v. City of Stow and William Kalbaugh is a...

Affirmation of Summary Judgment in Jordan v. City of Detroit: Implications for §1983 Claims under the Fourth and Fourteenth Amendments

Date: Feb 22, 2014

Affirmation of Summary Judgment in Jordan v. City of Detroit: Implications for §1983 Claims under the Fourth and Fourteenth Amendments Introduction The case of Jasmine Guy Jordan versus the City of...

Reversing Summary Judgment in Shazor v. Professional Transit Management: Expanded Prima Facie Framework for Title VII Discrimination Claims

Date: Feb 20, 2014

Reversing Summary Judgment in Shazor v. Professional Transit Management: Expanded Prima Facie Framework for Title VII Discrimination Claims Introduction The case of Marilyn Shazor v. Professional...

MILLER v. STOVALL: Upholding Hearsay Admissibility under the Confrontation Clause

Date: Feb 12, 2014

MILLER v. STOVALL: Upholding Hearsay Admissibility under the Confrontation Clause Introduction MILLER v. STOVALL (742 F.3d 642) is a significant appellate decision by the United States Court of...

PTFA Preemption: Empowering Tenants Through State Law Claims for Wrongful Eviction

Date: Feb 8, 2014

PTFA Preemption: Empowering Tenants Through State Law Claims for Wrongful Eviction Introduction The case of Paul F. Mik, Jr., Lee Ann Mik, and PALS Enterprises, LLC v. Federal Home Loan Mortgage...

Deliberate Indifference Standard Reinforced in Excessive Force Claims: Reed v. Franklin County

Date: Feb 7, 2014

Deliberate Indifference Standard Reinforced in Excessive Force Claims: Reed v. Franklin County Introduction Reed v. Franklin County, Ohio is a significant case heard by the United States Court of...

Gentry v. Commissioner: Upholding Treating Physician Authority and Comprehensive Evidence in Disability Evaluations

Date: Feb 5, 2014

Gentry v. Commissioner: Upholding Treating Physician Authority and Comprehensive Evidence in Disability Evaluations Introduction The case of Erika Gentry v. Commissioner of Social Security,...

Sixth Circuit Affirms De Novo Review in ERISA Disability Claims and Limits Judicial Estoppel to Intentional Omission: Javery v. Lucent Technologies

Date: Feb 4, 2014

Sixth Circuit Affirms De Novo Review in ERISA Disability Claims and Limits Judicial Estoppel to Intentional Omission: Javery v. Lucent Technologies Introduction In the case of Nilratan Javery v....

Total Disability Defined: Partial Employment Does Not Constitute Total Disability under ERISA

Date: Jan 25, 2014

Total Disability Defined: Partial Employment Does Not Constitute Total Disability under ERISA Introduction The case of Karen McClain v. Eaton Corporation Disability Plan addresses a pivotal issue in...

6th Circuit Upholds Federal Preemption in Generic Drug Liability, Restricts Brand-Name Manufacturer Liability under Tennessee Products Liability Act

Date: Jan 24, 2014

6th Circuit Upholds Federal Preemption in Generic Drug Liability, Restricts Brand-Name Manufacturer Liability under Tennessee Products Liability Act Introduction Overview of the Case In the...

Nationwide v. Frisch: Enforcing Contractual Production Requirements and Statute of Limitations in Employment Agreements

Date: Jan 15, 2014

Nationwide v. Frisch: Enforcing Contractual Production Requirements and Statute of Limitations in Employment Agreements Introduction The case of Matthew B. Frisch and The Frisch Agency, LLC v....

Opportunity for Full and Fair Consideration in Habeas Corpus Review Established in Good v. Berghuis

Date: Jan 9, 2014

Opportunity for Full and Fair Consideration in Habeas Corpus Review Established in Good v. Berghuis Introduction Good v. Berghuis is a pivotal case decided by the United States Court of Appeals for...