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  • Commentaries
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6th Circuit Case Commentaries

Affirmation of the Tortious Act Exception to Foreign Sovereign Immunity in Clergy Abuse Cases: O'BRYAN v. HOLY SEE

Affirmation of the Tortious Act Exception to Foreign Sovereign Immunity in Clergy Abuse Cases: O'BRYAN v. HOLY SEE

Date: Feb 11, 2009
Affirmation of the Tortious Act Exception to Foreign Sovereign Immunity in Clergy Abuse Cases: O'BRYAN v. HOLY SEE Introduction In the landmark case of James H. O'Bryan, Donald E. Poppe, and Michael...
Affirmation of Brady Violation in Habeas Corpus Under the Sixth Circuit: Harris v. Lafler

Affirmation of Brady Violation in Habeas Corpus Under the Sixth Circuit: Harris v. Lafler

Date: Jan 31, 2009
Affirmation of Brady Violation in Habeas Corpus Under the Sixth Circuit: Harris v. Lafler 1. Introduction Harris v. Lafler, 553 F.3d 1028 (6th Cir. 2009), is a pivotal case that addresses the...
No Duty for Secondary Asbestos Exposure Established in Da v. d Martin

No Duty for Secondary Asbestos Exposure Established in Da v. d Martin

Date: Jan 28, 2009
No Duty for Secondary Asbestos Exposure Established in Da v. d MARTIN, Executor of the Estate of Dennis B. Martin Introduction The case of David MARTIN, Executor of the Estate of Dennis B. Martin v....
Reinterpretation of Vesting of Retiree Medical Benefits under Section 301(a): Winnett v. Caterpillar Decision

Reinterpretation of Vesting of Retiree Medical Benefits under Section 301(a): Winnett v. Caterpillar Decision

Date: Jan 28, 2009
Reinterpretation of Vesting of Retiree Medical Benefits under Section 301(a): Winnett v. Caterpillar Decision Introduction In Winnett v. Caterpillar, Inc., the United States Court of Appeals for the...
Sanctions for Frivolous Employment Claims: Garner v. Cuyahoga County Juvenile Court

Sanctions for Frivolous Employment Claims: Garner v. Cuyahoga County Juvenile Court

Date: Jan 23, 2009
Sanctions for Frivolous Employment Claims: Garner v. Cuyahoga County Juvenile Court Introduction The case Garner et al. v. Cuyahoga County Juvenile Court et al. (554 F.3d 624) was adjudicated by the...
Stacking of Underinsured Motorist Coverage Based on Risk-Adjusted Premiums: Pennington v. State Farm

Stacking of Underinsured Motorist Coverage Based on Risk-Adjusted Premiums: Pennington v. State Farm

Date: Jan 22, 2009
Stacking of Underinsured Motorist Coverage Based on Risk-Adjusted Premiums: Pennington v. State Farm Introduction The case of Dennis Pennington and Sharon Pennington v. State Farm Mutual Automobile...
Sufficiency of Evidence in Constructive Firearm Possession: Insights from United States v. Bailey

Sufficiency of Evidence in Constructive Firearm Possession: Insights from United States v. Bailey

Date: Jan 21, 2009
Sufficiency of Evidence in Constructive Firearm Possession: Insights from United States v. Bailey Introduction United States v. Terrell R. Bailey, 553 F.3d 940 (6th Cir. 2009), presents a pivotal...
Issue Preclusion Upholds Summary Judgment in Section 1983 Action: Flowers v. City of Detroit

Issue Preclusion Upholds Summary Judgment in Section 1983 Action: Flowers v. City of Detroit

Date: Jan 17, 2009
Issue Preclusion Upholds Summary Judgment in Section 1983 Action: Flowers v. City of Detroit Introduction Flowers v. City of Detroit is a significant case adjudicated by the United States Court of...
Public Disclosure Prevails: Jurisdictional Bar Under the False Claims Act in Poteet v. Medtronic

Public Disclosure Prevails: Jurisdictional Bar Under the False Claims Act in Poteet v. Medtronic

Date: Jan 15, 2009
Public Disclosure Prevails: Jurisdictional Bar Under the False Claims Act in Poteet v. Medtronic Introduction In the landmark case Jacqueline Kay Poteet v. Medtronic, Inc. et al., the United States...
Defining the Boundaries of Hostile Work Environment and Retaliation under Title VII: Insights from Ladd v. Grand Trunk Western Railroad

Defining the Boundaries of Hostile Work Environment and Retaliation under Title VII: Insights from Ladd v. Grand Trunk Western Railroad

Date: Jan 15, 2009
Defining the Boundaries of Hostile Work Environment and Retaliation under Title VII: Insights from Ladd v. Grand Trunk Western Railroad Introduction The case Christine M. Ladd v. Grand Trunk Western...
Affirmation of Long-Term Possession Conviction under the Child Pornography Protection Act and Sentencing Enhancements in Paull v. United States

Affirmation of Long-Term Possession Conviction under the Child Pornography Protection Act and Sentencing Enhancements in Paull v. United States

Date: Jan 10, 2009
Affirmation of Long-Term Possession Conviction under the Child Pornography Protection Act and Sentencing Enhancements in Paull v. United States Introduction In United States of America v. Jerry...
Non-Custodial Home Interrogation Does Not Trigger Miranda Suppression: United States v. Panak

Non-Custodial Home Interrogation Does Not Trigger Miranda Suppression: United States v. Panak

Date: Jan 10, 2009
Non-Custodial Home Interrogation Does Not Trigger Miranda Suppression: United States v. Panak Introduction In United States v. Panak, 552 F.3d 462 (6th Cir. 2009), the United States Court of Appeals...
GUNASEKERA v. IRWIN & Krendl: Establishing Due Process Protections for Academic Faculty

GUNASEKERA v. IRWIN & Krendl: Establishing Due Process Protections for Academic Faculty

Date: Jan 9, 2009
GUNASEKERA v. IRWIN & Krendl: Establishing Due Process Protections for Academic Faculty Introduction GUNASEKERA v. IRWIN and Krendl (551 F.3d 461) is a pivotal case adjudicated by the United States...
Affirming Probable Cause Standards in Drug Trafficking: Insights from United States v. Gunter

Affirming Probable Cause Standards in Drug Trafficking: Insights from United States v. Gunter

Date: Jan 9, 2009
Affirming Probable Cause Standards in Drug Trafficking: Insights from United States v. Gunter Introduction In the landmark case United States of America v. Michael Charles Gunter, 551 F.3d 472 (6th...
Murphy v. State of Ohio: Affirmation of AEDPA Standards and Upholding Legal Principles in Habeas Corpus Proceedings

Murphy v. State of Ohio: Affirmation of AEDPA Standards and Upholding Legal Principles in Habeas Corpus Proceedings

Date: Jan 9, 2009
Murphy v. State of Ohio: Affirmation of AEDPA Standards and Upholding Legal Principles in Habeas Corpus Proceedings Introduction In the landmark case of Joseph D. Murphy v. State of Ohio (551 F.3d...
Affirming Federal Disbarment: Due Process and the Rooker-Feldman Doctrine in Legal Discipline

Affirming Federal Disbarment: Due Process and the Rooker-Feldman Doctrine in Legal Discipline

Date: Jan 7, 2009
Affirming Federal Disbarment: Due Process and the Rooker-Feldman Doctrine in Legal Discipline Introduction In the case of In re Linda S. Cook, 551 F.3d 542 (6th Cir. 2009), the United States Court of...
Deliberate Indifference Under Title IX: Sixth Circuit Reverses Summary Judgment in Patterson v. Hudson Area Schools

Deliberate Indifference Under Title IX: Sixth Circuit Reverses Summary Judgment in Patterson v. Hudson Area Schools

Date: Jan 7, 2009
Deliberate Indifference Under Title IX: Sixth Circuit Reverses Summary Judgment in Patterson v. Hudson Area Schools Introduction In Patterson v. Hudson Area Schools, the United States Court of...
Reevaluating AEDPA Deference in Habeas Proceedings with Substantial New Evidence: Brown v. Smith

Reevaluating AEDPA Deference in Habeas Proceedings with Substantial New Evidence: Brown v. Smith

Date: Jan 1, 2009
Reevaluating AEDPA Deference in Habeas Proceedings with Substantial New Evidence: Brown v. Smith Introduction Michael W. Brown v. David Smith, adjudicated by the United States Court of Appeals for...
Affirmed: Standards for Deliberate Indifference in Eighth Amendment Prisoner Medical Rights Claims

Affirmed: Standards for Deliberate Indifference in Eighth Amendment Prisoner Medical Rights Claims

Date: Dec 25, 2008
Affirmed: Standards for Deliberate Indifference in Eighth Amendment Prisoner Medical Rights Claims Introduction In the landmark case of Ricardo V. Dodson v. Reginald A. Wilkinson, et al., the United...
Affirming the Legality of Acquitted Conduct in Sentencing under Sixth Amendment Constraints

Affirming the Legality of Acquitted Conduct in Sentencing under Sixth Amendment Constraints

Date: Dec 25, 2008
Affirming the Legality of Acquitted Conduct in Sentencing under Sixth Amendment Constraints Introduction In the case of United States of America v. Roger Clayton White (551 F.3d 381, 6th Cir. 2008),...
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