6th Circuit Case Commentaries

False Representation in Mortgage Foreclosure: Sixth Circuit Reverses Dismissal under FDCPA

Date: Aug 23, 2012

False Representation in Mortgage Foreclosure: Sixth Circuit Reverses Dismissal under FDCPA Introduction The case of Betty Wallace v. Washington Mutual Bank, F.A.; Wells Fargo Bank N.A.; Lerner,...

Reversing Summary Judgment in Title VII Race-Discrimination Case: Griffin v. Finkbeiner

Date: Aug 21, 2012

Reversing Summary Judgment in Title VII Race-Discrimination Case: Griffin v. Finkbeiner Introduction In the landmark case of Perlean Griffin; Dwayne Morehead, Plaintiffs, Gary L. Daugherty,...

Class-of-One Equal Protection Claim in Zoning Ordinances: Loesel v. City of Frankenmuth

Date: Aug 21, 2012

Class-of-One Equal Protection Claim in Zoning Ordinances: Loesel v. City of Frankenmuth Introduction The case of Ronald Loesel et al. v. City of Frankenmuth (692 F.3d 452, 6th Cir. 2012) presents a...

First Amendment Retaliation in Correctional Facilities: Establishing Accountability in Ke v. KING

Date: Aug 17, 2012

First Amendment Retaliation in Correctional Facilities: Establishing Accountability in Ke v. KING Introduction Ke v. KING, (680 F.3d 686), is a landmark decision by the United States Court of Appeals...

6th Circuit Reinforces Sufficiency of Evidence Standard in Extortion Convictions – NALI v. PHILLIPS

Date: Aug 17, 2012

6th Circuit Reinforces Sufficiency of Evidence Standard in Extortion Convictions – NALI v. PHILLIPS Introduction The case of Frank Nali v. Thomas Phillips (681 F.3d 837, 6th Cir. 2012) presents a...

Sixth Circuit Affirms Denial of Fair Use Defense and Upholds Copyright Infringement in Bosley v. Larry Flynt Publications

Date: Aug 17, 2012

Sixth Circuit Affirms Denial of Fair Use Defense and Upholds Copyright Infringement in Bosley v. Larry Flynt Publications Introduction In the case of Catherine Balsley (a/k/a Catherine Bosley) and...

No Fourth Amendment Violation in GPS Cell Phone Tracking: Analysis of United States v. Skinner

Date: Aug 15, 2012

No Fourth Amendment Violation in GPS Cell Phone Tracking: Analysis of United States v. Skinner Introduction United States v. Skinner, 690 F.3d 772 (6th Cir. 2012), addresses the critical intersection...

Green v. Throckmorton: Establishing Standards for Reasonable Suspicion and Qualified Immunity in DUI Arrests

Date: Aug 14, 2012

Green v. Throckmorton: Establishing Standards for Reasonable Suspicion and Qualified Immunity in DUI Arrests Introduction In Green v. Throckmorton, the United States Court of Appeals for the Sixth...

Enhanced First Amendment Protections for Public Employees: Insights from Mosholder v. Barnhardt

Date: Aug 11, 2012

Enhanced First Amendment Protections for Public Employees: Insights from Mosholder v. Barnhardt Introduction Mosholder v. Barnhardt is a pivotal case decided by the United States Court of Appeals for...

Establishing Mixed-Motive Discrimination Claims: Ondricko v. MGM Grand Detroit

Date: Aug 9, 2012

Establishing Mixed-Motive Discrimination Claims: Ondricko v. MGM Grand Detroit Introduction In the seminal case of Kimberly C. Ondricko v. MGM Grand Detroit, LLC, decided by the United States Court...

Affirmation of Denial of Qualified Immunity in Excessive Force Case: Austin v. Redford Township Police Department

Date: Aug 9, 2012

Affirmation of Denial of Qualified Immunity in Excessive Force Case: Austin v. Redford Township Police Department Introduction In the appellate case Charles Fitzgerald Austin v. Redford Township...

Clarifying the 'Legislative Employee' Exclusion under FLSA: Ellington v. City of East Cleveland

Date: Aug 7, 2012

Clarifying the 'Legislative Employee' Exclusion under FLSA: Ellington v. City of East Cleveland Introduction Ellington v. City of East Cleveland is a landmark decision by the United States Court of...

Judicial Immunity Affirmed in Sixth Circuit: DeWeese v. Leech and Griffeth

Date: Aug 4, 2012

Judicial Immunity Affirmed in Sixth Circuit: DeWeese v. Leech and Griffeth Introduction The case of Jennifer Leech; Edwin Griffeth, Plaintiffs–Appellees, v. James DeWeese, the Honorable Judge, in His...

Clarifying the Prerequisites for Punitive Damages in Insurance Bad Faith Claims under Tenn. Code §56-7-105

Date: Aug 4, 2012

Clarifying the Prerequisites for Punitive Damages in Insurance Bad Faith Claims under Tenn. Code §56-7-105 Introduction In the case of The HEIL CO., d/b/a Heil Environmental v. Evanston Insurance...

Retroactive Application of Begay: Implications from Ricky Jones v. United States

Date: Aug 1, 2012

Retroactive Application of Begay: Implications from Ricky Jones v. United States Introduction The case Ricky Jones v. United States (689 F.3d 621) adjudicated by the United States Court of Appeals...

Sixth Circuit Rules Kentucky Bar Association's Ethical Rule 8.2(a) Violates Attorney's First Amendment Rights

Date: Jul 28, 2012

Sixth Circuit Rules Kentucky Bar Association's Ethical Rule 8.2(a) Violates Attorney's First Amendment Rights Introduction In the landmark case of John M. Berry, Jr. v. Michael J. Schmitt, the United...

Jackson v. Bradshaw: 6th Circuit Upholds Validity of Penalty Phase Jury Instructions Post-Mitts II

Date: Jul 26, 2012

Jackson v. Bradshaw: 6th Circuit Upholds Validity of Penalty Phase Jury Instructions Post-Mitts II Introduction In Jackson v. Bradshaw, the United States Court of Appeals for the Sixth Circuit...

Affirmation of State Court Discretion under AEDPA: Insights from Cle v. Jackson, 6th Circuit

Date: Jul 25, 2012

Affirmation of State Court Discretion under AEDPA: Insights from Cle v. Jackson, 6th Circuit Introduction Cle v. Land R. Jackson, 687 F.3d 723 (6th Cir. 2012), is a pivotal case that explores the...

Exclusivity of NLRB Jurisdiction in Representational Disputes: DiPonio Construction Co. v. Bricklayers

Date: Jul 25, 2012

Exclusivity of NLRB Jurisdiction in Representational Disputes: DiPonio Construction Co. v. Bricklayers Introduction The case of DiPonio Construction Company, Inc. v. International Union of...

Affirmation of No Deliberate Indifference in Prison Medical Treatment: Bruederle v. Louisville Metro

Date: Jul 25, 2012

Affirmation of No Deliberate Indifference in Prison Medical Treatment: Bruederle v. Louisville Metro Introduction David Bruederle v. Louisville Metro Government et al. is a pivotal case adjudicated...