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  • Commentaries
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6th Circuit Case Commentaries

Reaffirming Substantial Evidence and Streamlined Review in Asylum Proceedings: Aneta Lumaj v. Gonzales

Reaffirming Substantial Evidence and Streamlined Review in Asylum Proceedings: Aneta Lumaj v. Gonzales

Date: Sep 7, 2006
Reaffirming Substantial Evidence and Streamlined Review in Asylum Proceedings: Aneta Lumaj v. Gonzales Introduction The case of Aneta Lumaj v. Alberto R. Gonzales (462 F.3d 574) adjudicated by the...
Affirmation of Broad Injunctive Powers in Equity Receiverships to Prevent Unauthorized Satellite Litigation

Affirmation of Broad Injunctive Powers in Equity Receiverships to Prevent Unauthorized Satellite Litigation

Date: Sep 6, 2006
Affirmation of Broad Injunctive Powers in Equity Receiverships to Prevent Unauthorized Satellite Litigation Introduction The case of Liberte Capital Group, LLC, et al. v. Southwestern Life Insurance...
Destruction of Subject-Matter Jurisdiction by Amending Defendants: Upholding Complete Diversity in Federal Court

Destruction of Subject-Matter Jurisdiction by Amending Defendants: Upholding Complete Diversity in Federal Court

Date: Sep 6, 2006
Destruction of Subject-Matter Jurisdiction by Amending Defendants: Upholding Complete Diversity in Federal Court Introduction The appellate case, Floyd CURRY, Plaintiff-Appellant, v. U.S. BULK...
ERISA Disability Determinations: Addressing Conflict of Interest and Incorporating Social Security Findings - Glenn v. MetLife

ERISA Disability Determinations: Addressing Conflict of Interest and Incorporating Social Security Findings - Glenn v. MetLife

Date: Sep 2, 2006
ERISA Disability Determinations: Addressing Conflict of Interest and Incorporating Social Security Findings - Glenn v. MetLife Introduction In the landmark case of Wanda Glenn v. Metropolitan Life...
Sixth Circuit Expands 'Knock and Talk' to Home Curtilage in Hardesty v. Hamburg Township

Sixth Circuit Expands 'Knock and Talk' to Home Curtilage in Hardesty v. Hamburg Township

Date: Sep 2, 2006
Sixth Circuit Expands 'Knock and Talk' to Home Curtilage in Hardesty v. Hamburg Township Introduction The case of Joseph Carleton Hardesty et al. v. Hamburg Township et al. (461 F.3d 646, 2006)...
Sixth Circuit Reverses Dismissal of Post-Litigation Bad Faith Claims under KUCSPA: Rawe v. Liberty Mutual

Sixth Circuit Reverses Dismissal of Post-Litigation Bad Faith Claims under KUCSPA: Rawe v. Liberty Mutual

Date: Sep 2, 2006
Sixth Circuit Reverses Dismissal of Post-Litigation Bad Faith Claims under KUCSPA: Rawe v. Liberty Mutual Introduction In the landmark case of Melissa Rawe; Thomas J. Rawe; Kimberly Rawe v. Liberty...
Affirmation of Hobbs Act Conspiracy and Public Official Corruption: United States v. Kelley III & Kelley

Affirmation of Hobbs Act Conspiracy and Public Official Corruption: United States v. Kelley III & Kelley

Date: Sep 1, 2006
Affirmation of Hobbs Act Conspiracy and Public Official Corruption: United States v. Kelley III & Kelley Introduction The case of United States of America v. Wilbourne A. Kelley III and Barbara...
United States v. Collington: Upholding Downward Variance in Sentencing Beyond Advisory Guidelines

United States v. Collington: Upholding Downward Variance in Sentencing Beyond Advisory Guidelines

Date: Sep 1, 2006
United States v. Collington: Upholding Downward Variance in Sentencing Beyond Advisory Guidelines 1. Introduction United States of America v. Samuel F. Collington, 461 F.3d 805 (6th Cir. 2006), is a...
Affirmation of Corporate Veil Piercing Standards Under Delaware and Tennessee Law

Affirmation of Corporate Veil Piercing Standards Under Delaware and Tennessee Law

Date: Aug 31, 2006
Affirmation of Corporate Veil Piercing Standards Under Delaware and Tennessee Law Introduction In the case of Southeast Texas Inns, Inc. v. Prime Hospitality Corporation (462 F.3d 666, 2006), the...
Dando v. Yukins: Reinforcing the Right to Effective Counsel in Plea Bargains

Dando v. Yukins: Reinforcing the Right to Effective Counsel in Plea Bargains

Date: Aug 31, 2006
Dando v. Yukins: Reinforcing the Right to Effective Counsel in Plea Bargains Introduction In Debra Dando v. Joan Yukins, 461 F.3d 791 (6th Cir. 2006), the United States Court of Appeals for the Sixth...
Blackwell v. United States: Upholding Conspiracy and Insider Trading Convictions while Reinforcing Defense Protections

Blackwell v. United States: Upholding Conspiracy and Insider Trading Convictions while Reinforcing Defense Protections

Date: Aug 30, 2006
Blackwell v. United States: Upholding Conspiracy and Insider Trading Convictions while Reinforcing Defense Protections Introduction In the landmark case of Blackwell v. United States, the United...
Exhaustion of Administrative Remedies Under PLRA: Owens v. Keeling

Exhaustion of Administrative Remedies Under PLRA: Owens v. Keeling

Date: Aug 30, 2006
Exhaustion of Administrative Remedies Under the PLRA: Owens v. Keeling Introduction In the landmark case Orbain Owens v. George Keeling et al., 461 F.3d 763 (6th Cir. 2006), the United States Court...
Aggregation of Individual Claims in Diversity Jurisdiction Not Permitted Without Common and Undivided Interest: Everett v. Verizon Wireless

Aggregation of Individual Claims in Diversity Jurisdiction Not Permitted Without Common and Undivided Interest: Everett v. Verizon Wireless

Date: Aug 29, 2006
Aggregation of Individual Claims in Diversity Jurisdiction Not Permitted Without Common and Undivided Interest: Everett v. Verizon Wireless Introduction In the landmark case Tom Everett, et al. v....
Williams v. Anderson (6th Cir. 2006): Reinforcing the Duty of Defense Counsel in Mitigation Phase of Capital Trials

Williams v. Anderson (6th Cir. 2006): Reinforcing the Duty of Defense Counsel in Mitigation Phase of Capital Trials

Date: Aug 29, 2006
Williams v. Anderson (6th Cir. 2006): Reinforcing the Duty of Defense Counsel in Mitigation Phase of Capital Trials Introduction Williams v. Anderson, 460 F.3d 789 (6th Cir. 2006), is a landmark...
United States v. Lopez-Medina: Setting Precedent on Jury Instructions for Dual-Role Witnesses and Exclusion of Guilt by Association Evidence

United States v. Lopez-Medina: Setting Precedent on Jury Instructions for Dual-Role Witnesses and Exclusion of Guilt by Association Evidence

Date: Aug 26, 2006
United States v. Lopez-Medina: Setting Precedent on Jury Instructions for Dual-Role Witnesses and Exclusion of Guilt by Association Evidence Introduction The case of United States of America v. Luis...
Qualified Immunity in Fourth Amendment Seizure: Smoak v. Hall Establishes New Precedent

Qualified Immunity in Fourth Amendment Seizure: Smoak v. Hall Establishes New Precedent

Date: Aug 26, 2006
Qualified Immunity in Fourth Amendment Seizure: Smoak v. Hall Establishes New Precedent Introduction In the landmark case of James W. Smoak et al. v. Eric Hall et al., decided by the United States...
Affirmation of Summary Judgment in Grizzell v. City of Columbus Division of Police

Affirmation of Summary Judgment in Grizzell v. City of Columbus Division of Police

Date: Aug 26, 2006
Affirmation of Summary Judgment in Grizzell v. City of Columbus Division of Police Introduction In the case of Rhoda Grizzell, et al. v. City of Columbus Division of Police, et al., the plaintiffs,...
Reaffirming the Preponderance of Evidence Standard in Sentencing and Managerial Role Enhancements: Insights from United States v. Gates and Conley

Reaffirming the Preponderance of Evidence Standard in Sentencing and Managerial Role Enhancements: Insights from United States v. Gates and Conley

Date: Aug 25, 2006
Reaffirming the Preponderance of Evidence Standard in Sentencing and Managerial Role Enhancements: Insights from United States v. Gates and Conley Introduction The case of United States of America v....
Functionality Doctrine in Trademark Law: Fuji Kogyo Co., Ltd. v. Pacific Bay International, Inc.

Functionality Doctrine in Trademark Law: Fuji Kogyo Co., Ltd. v. Pacific Bay International, Inc.

Date: Aug 24, 2006
Functionality Doctrine in Trademark Law: Fuji Kogyo Co., Ltd. v. Pacific Bay International, Inc. Introduction The case Fuji Kogyo Co., Ltd. v. Pacific Bay International, Inc. (461 F.3d 675)...
Application of Social Security Ruling 83-20 in Disability Onset Determination: McCLANAHAN v. SSA

Application of Social Security Ruling 83-20 in Disability Onset Determination: McCLANAHAN v. SSA

Date: Aug 23, 2006
Application of Social Security Ruling 83-20 in Disability Onset Determination: McCLANAHAN v. Commissioner of Social Security Introduction In Tommy J. McCLANAHAN v. Commissioner of Social Security,...
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