6th Circuit Case Commentaries

Expanding the Scope of 'Intent to Deceive' under 18 U.S.C. § 513(a): Sixth Circuit Affirms Broad Interpretation

Date: Jan 25, 2006

Expanding the Scope of 'Intent to Deceive' under 18 U.S.C. § 513(a): Sixth Circuit Affirms Broad Interpretation Introduction In the landmark case of UNITED STATES of America v. George William Blood...

UnumProvident’s Arbitrary Termination of LTD Benefits: A Comprehensive Analysis of Evans v. UnumProvident Corporation

Date: Jan 21, 2006

UnumProvident’s Arbitrary Termination of LTD Benefits: A Comprehensive Analysis of Evans v. UnumProvident Corporation Introduction Evans v. UnumProvident Corporation, 434 F.3d 866 (6th Cir. 2006), is...

Establishing Probable Cause Standards in Search Warrants: Insights from United States v. Coffee

Date: Jan 21, 2006

Establishing Probable Cause Standards in Search Warrants: Insights from United States v. Coffee Introduction In the landmark case of United States v. John Joseph Coffee, Jr., 434 F.3d 887 (6th Cir....

Second or Successive Habeas Corpus Petitions Post-Austin and Cowherd: An Analysis of In re: Edward O'Neal Bowen

Date: Jan 21, 2006

Second or Successive Habeas Corpus Petitions Post-Austin and Cowherd: An Analysis of In re: Edward O'Neal Bowen Introduction The case of In re: Edward O'Neal Bowen (436 F.3d 699) decided by the...

Affirmation of Probate Exception and Collateral Estoppel in Breach of Trust Claims: Evans v. Pearson Enterprises

Date: Jan 20, 2006

Affirmation of Probate Exception and Collateral Estoppel in Breach of Trust Claims: Evans v. Pearson Enterprises Introduction Case: Jane P. Evans v. Pearson Enterprises, Incorporated, et al. Court:...

Affirmation of Summary Judgment in Age Discrimination Case Reinforces Employer's Use of Subjective Evaluation Criteria

Date: Jan 20, 2006

Affirmation of Summary Judgment in Age Discrimination Case Reinforces Employer's Use of Subjective Evaluation Criteria Introduction In the case of David R. Browning v. Department of the Army, the...

Affirmation of Dismissal in Section 1983 Case: Lack of State Action and Familial Association Rights

Date: Jan 19, 2006

Affirmation of Dismissal in Section 1983 Case: Lack of State Action and Familial Association Rights Introduction The case of Marlena H. Kottmyer and Robert D. Kottmyer v. Aimee Maas; Cincinnati...

Exhaustion of Administrative Remedies and APA Standing in Spousal Immigration Petitions: Analysis of Bangura v. Hansen

Date: Jan 19, 2006

Exhaustion of Administrative Remedies and APA Standing in Spousal Immigration Petitions: Analysis of Bangura v. Hansen Introduction The case of Abass Bangura et al. v. Mark Hansen et al. (434 F.3d...

Affirming the Requirement for Unequivocal Refusal in Compelling Arbitration under the NLRA

Date: Jan 19, 2006

Affirming the Requirement for Unequivocal Refusal in Compelling Arbitration under the NLRA Introduction The case of International Union et al., Plaintiffs-Appellees, v. Cummins, Inc.,...

Affirmation of Vested Lifetime Retiree Health Benefits and Successor Liability

Date: Jan 18, 2006

Affirmation of Vested Lifetime Retiree Health Benefits and Successor Liability Introduction The case of Gladys YOLTON, Wilbur Montgomery, Elsie Teas, Robert Betker, Edward Maynard, and Gary Halsted,...

Kyle Ciminillo v. Streicher: Reaffirming Fourth Amendment Protections in Excessive Force Claims

Date: Jan 18, 2006

Kyle Ciminillo v. Streicher: Reaffirming Fourth Amendment Protections in Excessive Force Claims Introduction The case of Kyle Ciminillo v. Thomas Streicher et al. adjudicated by the United States...

Clarifying Sentencing Reasonableness Post-Booker: United States v. McBride

Date: Jan 18, 2006

Clarifying Sentencing Reasonableness Post-Booker: United States v. McBride Introduction United States v. James Thomas McBride, 434 F.3d 470 (6th Cir. 2006), is a pivotal case in the realm of federal...

Affirmation of Denial of Absolute Immunity in FDCPA Garnishment Actions

Date: Jan 14, 2006

Affirmation of Denial of Absolute Immunity in FDCPA Garnishment Actions Introduction The case of Robert Todd, et al. v. Weltman, Weinberg Reis Co., L.P.A., et al. revolves around the Fair Debt...

Establishing Excusable Neglect Standards in Default Judgments: CWA Local 4310 v. Burrell

Date: Jan 13, 2006

Establishing Excusable Neglect Standards in Default Judgments: CWA Local 4310 v. Burrell Introduction The case of Teresa F. Burrell v. Margaret Henderson et al., Communication Workers of America,...

Affirming Validity of Waiver of Counsel Through Conduct and Written Waivers: King v. Da

Date: Jan 11, 2006

Affirming Validity of Waiver of Counsel Through Conduct and Written Waivers: King v. Da Introduction Samuel King, the petitioner-appellant, appealed the denial of his habeas corpus petition by the...

Franklin v. Anderson: Sixth Circuit Establishes Standards for Overcoming Procedural Default through Ineffective Assistance

Date: Jan 10, 2006

Franklin v. Anderson: Sixth Circuit Establishes Standards for Overcoming Procedural Default through Ineffective Assistance Introduction George T. Franklin was convicted in December 1988 for two...

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6th Circuit Case Commentaries

Expanding the Scope of 'Intent to Deceive' under 18 U.S.C. § 513(a): Sixth Circuit Affirms Broad Interpretation

UnumProvident’s Arbitrary Termination of LTD Benefits: A Comprehensive Analysis of Evans v. UnumProvident Corporation

Establishing Probable Cause Standards in Search Warrants: Insights from United States v. Coffee

Second or Successive Habeas Corpus Petitions Post-Austin and Cowherd: An Analysis of In re: Edward O'Neal Bowen

Affirmation of Probate Exception and Collateral Estoppel in Breach of Trust Claims: Evans v. Pearson Enterprises

Affirmation of Summary Judgment in Age Discrimination Case Reinforces Employer's Use of Subjective Evaluation Criteria

Affirmation of Dismissal in Section 1983 Case: Lack of State Action and Familial Association Rights

Exhaustion of Administrative Remedies and APA Standing in Spousal Immigration Petitions: Analysis of Bangura v. Hansen

Affirming the Requirement for Unequivocal Refusal in Compelling Arbitration under the NLRA

Affirmation of Vested Lifetime Retiree Health Benefits and Successor Liability

Kyle Ciminillo v. Streicher: Reaffirming Fourth Amendment Protections in Excessive Force Claims

Clarifying Sentencing Reasonableness Post-Booker: United States v. McBride

Affirmation of Denial of Absolute Immunity in FDCPA Garnishment Actions

Establishing Excusable Neglect Standards in Default Judgments: CWA Local 4310 v. Burrell

Affirming Validity of Waiver of Counsel Through Conduct and Written Waivers: King v. Da

Franklin v. Anderson: Sixth Circuit Establishes Standards for Overcoming Procedural Default through Ineffective Assistance

Ratification of Authority and Application of the Economic-Loss Rule Affirmed in PAVLOVICH v. NATIONAL CITY BANK

Qualified Immunity Affirmed in Fourth Amendment Search Warrant Case: Armstrong v. City of Melvindale

Limits of State-Created-Danger Liability in School Settings Under §1983

Impact of UNITED STATES v. BOOKER on Sentencing: Analysis of United States v. Hang Le-Thy Tran