6th Circuit Case Commentaries

Clarifying the Definition of "Crime of Violence" in Career-Offender Sentencing Enhancements: United States v. Cooper & Adams

Date: Jan 8, 2014

Clarifying the Definition of "Crime of Violence" in Career-Offender Sentencing Enhancements: United States v. Cooper & Adams Introduction In the case of United States of America v. Cortez Dewayne...

Limits of Rule 60(b)(6) Relief for Ineffective Assistance of Counsel Claims: McGuire v. Warden

Date: Dec 31, 2013

Limits of Rule 60(b)(6) Relief for Ineffective Assistance of Counsel Claims: McGuire v. Warden Introduction Dennis B. McGuire v. Warden, Chillicothe Correctional Institution (738 F.3d 741, 6th Cir....

Establishing Absolute Prosecutorial Immunity in Witness Interrogations: Analysis of Smith v. Rogers, 737 F.3d 1026 (6th Cir. 2013)

Date: Dec 17, 2013

Establishing Absolute Prosecutorial Immunity in Witness Interrogations: Analysis of Smith v. Rogers, 737 F.3d 1026 (6th Cir. 2013) Introduction Smith v. Rogers, adjudicated by the United States Court...

Reevaluation of Disability Determinations: The Importance of Treating-Source Evidence and VA Ratings in Social Security Appeals

Date: Dec 14, 2013

Reevaluation of Disability Determinations: The Importance of Treating-Source Evidence and VA Ratings in Social Security Appeals Introduction In the case of Robert LaRiccia v. Commissioner of Social...

ADA Failure to Accommodate Requires Plaintiff's Proper Accommodation Requests: Cash v. Siegel-Robert Affirmed

Date: Dec 4, 2013

ADA Failure to Accommodate Requires Plaintiff's Proper Accommodation Requests: Cash v. Siegel-Robert Affirmed Introduction The case of Steven Cash v. Siegel-Robert, Inc. addresses the critical...

No Retroactive Relief: 6th Circuit Affirms Non-Retroactivity of Fair Sentencing Act

Date: Dec 4, 2013

No Retroactive Relief: 6th Circuit Affirms Non-Retroactivity of Fair Sentencing Act Introduction In the case of United States of America v. Cornelius Demorris Blewett and Jarreous Jamone Blewitt, the...

Proprietary Action vs. Regulation: Sixth Circuit Upholds Michigan's Ban on Project Labor Agreements in Public Construction

Date: Nov 28, 2013

Proprietary Action vs. Regulation: Sixth Circuit Upholds Michigan's Ban on Project Labor Agreements in Public Construction Introduction In the case of MICHIGAN BUILDING AND CONSTRUCTION TRADES...

6th Circuit Reverses Dismissal of RESPA Claims Against Loan Servicer in Marais v. Chase Home Finance

Date: Nov 27, 2013

6th Circuit Reverses Dismissal of RESPA Claims Against Loan Servicer in Marais v. Chase Home Finance Introduction In Christine Marais v. Chase Home Finance LLC, 736 F.3d 711 (6th Cir. 2013), the...

Due Diligence in §2255 Motions: The Jefferson v. United States Decision

Date: Nov 9, 2013

Due Diligence in §2255 Motions: The Jefferson v. United States Decision Introduction In Kenneth Andrew Jefferson v. United States, 730 F.3d 537 (6th Cir. 2013), the United States Court of Appeals for...

FDCPA Violation Commences at Filing of Complaint and Pre-Petition Claims as Bankruptcy Estate Property – Tyler v. DH Capital Management, Inc.

Date: Nov 8, 2013

FDCPA Violation Commences at Filing of Complaint and Pre-Petition Claims as Bankruptcy Estate Property Introduction In Dionte Tyler v. DH Capital Management, Inc. (736 F.3d 455), the United States...

Delay in Non-Standard Treatment Not Constituting Deliberate Indifference Under the Eighth Amendment

Date: Nov 6, 2013

Delay in Non-Standard Treatment Not Constituting Deliberate Indifference Under the Eighth Amendment Introduction In the case of Oscar Santiago v. Dr. Kurt Ringle and Dr. Constance Mosher, the United...

Classwide Arbitrability Reserved for Judicial Determination in Arbitration Clauses

Date: Nov 6, 2013

Classwide Arbitrability Reserved for Judicial Determination in Arbitration Clauses Introduction The case of Reed Elsevier, Inc., through its LexisNexis Division, Plaintiff–Appellee, v. Craig Crockett...

Mandatory Evidentiary Hearings and Ex Post Facto Implications in Collateral Relief: Dona v. HUFF

Date: Nov 6, 2013

Mandatory Evidentiary Hearings and Ex Post Facto Implications in Collateral Relief: Dona v. HUFF Introduction Donavon E. HUFF appealed the denial of his motion to vacate his sentence under 28 U.S.C....

Qualified Immunity and Waiver of Unraised Fourth Amendment Claims: Analysis of Brown v. United States, 6th Cir. 2013

Date: Nov 5, 2013

Qualified Immunity and Waiver of Unraised Fourth Amendment Claims: Analysis of Brown v. United States, 6th Cir. 2013 Introduction The case of Danny Brown v. The United States of America adjudicated...

Fourth Amendment Protections for Pretrial Detainees: Analysis of Burgess v. Fischer

Date: Nov 2, 2013

Fourth Amendment Protections for Pretrial Detainees: Analysis of Burgess v. Fischer Introduction Lucas Burgess and Angela Burgess (collectively “Plaintiffs”) appealed the summary judgment that...

Ensuring Due Process in Indefinite Administrative Segregation: The 6th Circuit's Decision in Selby v. Caruso

Date: Nov 1, 2013

Ensuring Due Process in Indefinite Administrative Segregation: The 6th Circuit's Decision in Selby v. Caruso Introduction In Charles J. Selby v. Caruso, the United States Court of Appeals for the...

Accountability of Municipal Officials in Racially Motivated Tenant Harassment: Insights from Hidden Village v. City of Lakewood

Date: Oct 31, 2013

Accountability of Municipal Officials in Racially Motivated Tenant Harassment: Insights from Hidden Village, LLC v. City of Lakewood Introduction The case of Hidden Village, LLC v. City of Lakewood,...

Affirmation of ALJ's Residual Functional Capacity and Credibility Findings in Social Security Disability Case: Schmiedebusch v. SSA

Date: Oct 25, 2013

Affirmation of ALJ's Residual Functional Capacity and Credibility Findings in Social Security Disability Case: Schmiedebusch v. SSA Introduction In the case of Steven J. Schmiedebusch v. Commissioner...

Third Strike Under PLRA: Coleman–Bey v. Tollefson Establishes Critical Precedent

Date: Oct 24, 2013

Third Strike Under PLRA: Coleman–Bey v. Tollefson Establishes Critical Precedent Introduction In the landmark case of Andre Lee Coleman–Bey v. Todd Tollefson, et al., decided by the United States...

Affirmation of Death Sentence in United States v. Daryl Lawrence: Juror Certification and Capital Sentencing Analysis

Date: Oct 23, 2013

Affirmation of Death Sentence in United States v. Daryl Lawrence: Juror Certification and Capital Sentencing Analysis Introduction The case of United States of America v. Daryl Lawrence involves the...