6th Circuit Case Commentaries

Government's Interest in Involuntary Medication for Competency Restoration: Analysis of United States v. Mikulich

Date: Oct 23, 2013

Government's Interest in Involuntary Medication for Competency Restoration: Analysis of United States v. Mikulich Introduction In United States v. Mikulich, 732 F.3d 692 (6th Cir. 2013), the United...

Johnson v. Commissioner of Social Security: Affirmation of Disability Denial

Date: Oct 16, 2013

Johnson v. Commissioner of Social Security: Affirmation of Disability Denial Introduction In the case of Dennis Johnson v. Commissioner of Social Security, the United States Court of Appeals for the...

6th Circuit Affirms Reasonableness of Insurer’s Coverage Determination, Dismisses Bad Faith Claims

Date: Oct 12, 2013

6th Circuit Affirms Reasonableness of Insurer’s Coverage Determination, Dismisses Bad Faith Claims Introduction In the case of Philadelphia Indemnity Insurance Company v. Youth Alive, Inc., the...

Affirmation of Summary Judgment in Brown v. VHS of Michigan: Implications for Claim Abandonment and Public Policy in Employment Retaliation

Date: Oct 11, 2013

Affirmation of Summary Judgment in Brown v. VHS of Michigan: Implications for Claim Abandonment and Public Policy in Employment Retaliation Introduction The case of Georgia Brown vs. VHS of Michigan,...

Reliance on Coconspirator Testimony in Sentencing: Comprehensive Analysis of United States v. Andrew Marcus Johnson

Date: Oct 8, 2013

Reliance on Coconspirator Testimony in Sentencing: Comprehensive Analysis of United States v. Andrew Marcus Johnson Introduction The case of United States of America v. Andrew Marcus Johnson (732...

Sixth Circuit Establishes COA Not Required for Appeals of Amended Sentences Following Successful §2255 Motions

Date: Oct 4, 2013

Sixth Circuit Establishes COA Not Required for Appeals of Amended Sentences Following Successful §2255 Motions Introduction In the landmark case of Allen Mark Ajan v. United States of America,...

Enhanced Scrutiny of Class-Action Settlements: In re Dry Max Pampers Litigation

Date: Oct 3, 2013

Enhanced Scrutiny of Class-Action Settlements: In re Dry Max Pampers Litigation Introduction The case In re Dry Max Pampers Litigation (724 F.3d 713) adjudicated by the United States Court of Appeals...

Reaffirmation of Relaxed Causation Standards under FELA: Szekeres v. CSX Transportation

Date: Sep 26, 2013

Reaffirmation of Relaxed Causation Standards under FELA: Szekeres v. CSX Transportation Introduction The case of James D. SZEKERES v. CSX TRANSPORTATION, INC. involves the interpretation and...

Finality in Multidistrict Litigation: Insights from In re Refrigerant Compressors Antitrust Litigation

Date: Sep 26, 2013

Finality in Multidistrict Litigation: Insights from In re Refrigerant Compressors Antitrust Litigation Introduction In re Refrigerant Compressors Antitrust Litigation (13–1608) is a seminal case...

Affirming Statutory Standing: RICO Claims and Workers' Compensation in the Sixth Circuit

Date: Sep 25, 2013

Affirming Statutory Standing: RICO Claims and Workers' Compensation in the Sixth Circuit Introduction In Clifton E. Jackson & Christopher M. Scharnitzke v. Sedgwick Claims Management Services, Inc.,...

6th Circuit Clarifies ACCA's Application to Misdemeanor Convictions: Hockenberry v. United States

Date: Sep 20, 2013

6th Circuit Clarifies ACCA's Application to Misdemeanor Convictions: Hockenberry v. United States Introduction In the case of United States of America v. Troy Dennis Hockenberry and Billy Harris...

Sixth Circuit Upholds RICO Liability in ClassicStar Mare Lease Fraud Scheme

Date: Sep 19, 2013

Sixth Circuit Upholds RICO Liability in ClassicStar Mare Lease Fraud Scheme Introduction The case of In re CLASSICSTAR MARE LEASE LITIGATION (727 F.3d 473, 6th Cir. 2013) chronicles a complex legal...

Strict Scrutiny of Lay Witness Testimony: 6th Circuit Vacates Freeman's Conviction

Date: Sep 14, 2013

Strict Scrutiny of Lay Witness Testimony: 6th Circuit Vacates Freeman's Conviction Introduction In the landmark case United States of America v. Marcus Lamont Freeman, 730 F.3d 590 (6th Cir. 2013),...

Expanded Interpretation of Restitution Obligations under 18 U.S.C. § 3663A in United States v. Reisdorfer

Date: Sep 11, 2013

Expanded Interpretation of Restitution Obligations under 18 U.S.C. § 3663A in United States v. Reisdorfer Introduction United States v. Alan Lee Church and United States v. Scott Anthony Reisdorfer...

Timeliness of §2255 Motions Without Separate Judgment: Insights from Gillis v. United States

Date: Sep 10, 2013

Timeliness of §2255 Motions Without Separate Judgment: Insights from Gillis v. United States Introduction Torrence Gillis v. United States, 729 F.3d 641 (6th Cir. 2013), is a pivotal case that...

Shifting Burden of Production in Fourth Amendment Claims: Insights from Burley v. Gagacki

Date: Sep 7, 2013

Shifting Burden of Production in Fourth Amendment Claims: Insights from Burley v. Gagacki Introduction Burley v. Gagacki, 729 F.3d 610 (6th Cir. 2013), addresses critical issues surrounding unlawful...

6th Circuit Upholds Rodney B. Mack, Jr.'s Convictions Amidst Alleyne v. United States: A Comprehensive Analysis

Date: Sep 7, 2013

6th Circuit Upholds Rodney B. Mack, Jr.'s Convictions Amidst Alleyne v. United States: A Comprehensive Analysis Introduction In United States of America v. Rodney B. Mack, Jr., the United States...

Affirmation of Federal Sentencing Enhancements Based on State Court Journal Entries for Prior Crime of Violence

Date: Sep 6, 2013

Affirmation of Federal Sentencing Enhancements Based on State Court Journal Entries for Prior Crime of Violence Introduction In the case of United States of America v. Regis Adkins, adjudicated by...

Enhanced Evaluation of Residual Functional Capacity in Disability Claims: Rudd v. Commissioner of Social Security

Date: Sep 6, 2013

Enhanced Evaluation of Residual Functional Capacity in Disability Claims: Rudd v. Commissioner of Social Security Introduction The case of Jerry T. Rudd v. Commissioner of Social Security (531 F....

6th Circuit Clarifies Criteria for Crimes of Violence in Career-Offender Guidelines: United States v. Demario Denson

Date: Aug 30, 2013

6th Circuit Clarifies Criteria for Crimes of Violence in Career-Offender Guidelines: United States v. Demario Denson Introduction In the appellate case United States of America v. Demario Denson (728...