6th Circuit Case Commentaries

Exhaustion of RLA Arbitral Processes Not Jurisdictional: Insights from Emswiler v. CSX Transportation

Date: Jul 21, 2012

Exhaustion of RLA Arbitral Processes Not Jurisdictional: Insights from Emswiler v. CSX Transportation Introduction In Emswiler v. CSX Transportation, Inc., adjudicated by the United States Court of...

Ineffective Assistance of Counsel in Appeal Waiver Cases: Campbell v. United States

Date: Jul 20, 2012

Ineffective Assistance of Counsel in Appeal Waiver Cases: Campbell v. United States Introduction Campbell v. United States is a landmark decision by the United States Court of Appeals for the Sixth...

Comprehensive Commentary on In re Porsche Cars North America, Inc. Plastic Coolant Tubes Products Liability Litigation

Date: Jul 20, 2012

Comprehensive Commentary on In re Porsche Cars North America, Inc. Plastic Coolant Tubes Products Liability Litigation Introduction This commentary provides an in-depth analysis of the United States...

Reaffirming De Novo Review of Unaddressed Strickland Prongs in Habeas Corpus Claims

Date: Jul 13, 2012

Reaffirming De Novo Review of Unaddressed Strickland Prongs in Habeas Corpus Claims Introduction The case of Floyd Earl Rayner III v. Da (685 F.3d 631) adjudicated by the United States Court of...

Eighth Amendment Implications for Consecutive Fixed-Term Sentences in Juvenile Nonhomicide Cases: An Analysis of Chaz Bunch v. Keith Smith

Date: Jul 7, 2012

Eighth Amendment Implications for Consecutive Fixed-Term Sentences in Juvenile Nonhomicide Cases: An Analysis of Chaz Bunch v. Keith Smith Introduction The case of Chaz Bunch v. Keith Smith,...

Limits on Independent Campaign Expenditures and First Amendment Rights: An Analysis of McNeilly v. Land

Date: Jul 4, 2012

Limits on Independent Campaign Expenditures and First Amendment Rights: An Analysis of McNeilly v. Land Introduction Greg McNeilly, the plaintiff-appellant, brought forth a legal challenge against...

Clarifying Pleading Standards in Race Discrimination Claims: Keys v. Humana, Inc. Sets Precedent

Date: Jul 3, 2012

Clarifying Pleading Standards in Race Discrimination Claims: Keys v. Humana, Inc. Sets Precedent Introduction Kathryn Keys v. Humana, Inc., 684 F.3d 605 (6th Cir. 2012), is a pivotal case in...

Appellate Reversal in V & M Star Steel v. Centimark Corporation: Affirming the Role of Expert Testimony in Negligence and Breach of Contract Claims

Date: Jul 3, 2012

Appellate Reversal in V & M Star Steel v. Centimark Corporation: Affirming the Role of Expert Testimony in Negligence and Breach of Contract Claims Introduction The appellate decision in V & M Star...

Affirmation of Wire Fraud Convictions for Attorneys Misapplying Aggregate Settlement Rules

Date: Jun 28, 2012

Affirmation of Wire Fraud Convictions for Attorneys Misapplying Aggregate Settlement Rules Introduction The case of UNITED STATES of America v. Shirley A. Cunningham, Jr. and William J. Gallion...

Defining 'Regarded as' Disabled under the ADA: Insights from Gecewicz v. Henry Ford Macomb Hospital Corp.

Date: Jun 23, 2012

Defining 'Regarded as' Disabled under the ADA: Insights from Gecewicz v. Henry Ford Macomb Hospital Corp. Introduction The case of Janice Gecewicz v. Henry Ford Macomb Hospital Corporation, decided...

Strict Adherence to Rule 9(b) Pleading Standards in Kentucky Securities Fraud Litigation: Republic Bank v. Bear Stearns Affirmed

Date: Jun 21, 2012

Strict Adherence to Rule 9(b) Pleading Standards in Kentucky Securities Fraud Litigation: Republic Bank v. Bear Stearns Affirmed Introduction The case of Republic Bank & Trust Company v. Bear Stearns...

Reinforcing the Burden of Proof in Same-Sex Harassment Claims: Analysis of Wasek v. Arrow Energy Services

Date: Jun 21, 2012

Reinforcing the Burden of Proof in Same-Sex Harassment Claims: Analysis of Wasek v. Arrow Energy Services Introduction Wasek v. Arrow Energy Services, Inc., 682 F.3d 463 (6th Cir. 2012) is a...

Affirmation of Traffic Stop Legitimacy and Inventory Search Standards in United States v. Jackson

Date: Jun 20, 2012

Affirmation of Traffic Stop Legitimacy and Inventory Search Standards in United States v. Jackson Introduction United States of America v. Rudolph V. Jackson, 682 F.3d 448 (6th Cir. 2012), is a...

Involuntary Transportation as Arrest: Sixth Circuit’s Landmark Decision on § 1983 and Qualified Immunity

Date: Jun 14, 2012

Involuntary Transportation as Arrest: Sixth Circuit’s Landmark Decision on § 1983 and Qualified Immunity Introduction The case of Alan Hoover v. Timothy Walsh, Michael Gondek, Dearborn Heights Police...

Constructive Amendment and Mandatory Minimum Sentencing: Insights from United States v. Ferguson

Date: Jun 6, 2012

Constructive Amendment and Mandatory Minimum Sentencing: Insights from United States v. Ferguson Introduction United States v. Ferguson, 681 F.3d 826 (6th Cir. 2012), is a pivotal case that addresses...

Prosecutorial Immunity in §1983 Claims: Insights from Heyerman v. County of Calhoun

Date: May 30, 2012

Prosecutorial Immunity in §1983 Claims: Insights from Heyerman v. County of Calhoun Introduction The case of Buxton Craig Heyerman v. County of Calhoun et al., adjudicated by the United States Court...

Adopting the 'But-For' Causation Standard in ADA Claims: Analysis of Lewis v. Humboldt Acquisition Corporation

Date: May 26, 2012

Adopting the 'But-For' Causation Standard in ADA Claims: Analysis of Lewis v. Humboldt Acquisition Corporation Introduction In the landmark case of Susan Lewis v. Humboldt Acquisition Corporation,...

Standing in ERISA Breach Cases: Insights from Taylor v. KeyCorp

Date: May 26, 2012

Standing in ERISA Breach Cases: Insights from Taylor v. KeyCorp Introduction Taylor v. KeyCorp, 680 F.3d 609 (6th Cir. 2012), is a pivotal case addressing the issue of standing in the context of the...

Clarifying Qualified Immunity Standards in Eighth Amendment Medical Negligence Claims: Reilly v. Vadlamudi and Payne

Date: May 26, 2012

Clarifying Qualified Immunity Standards in Eighth Amendment Medical Negligence Claims: Reilly v. Vadlamudi and Payne Introduction The case of Joshua Reilly v. Seetha Vadlamudi and Phillip Payne...

Waiver of Arbitration Rights Through Litigation Conduct: Johnson Associates Corp. v. HL Operating Corp.

Date: May 24, 2012

Waiver of Arbitration Rights Through Litigation Conduct: Johnson Associates Corp. v. HL Operating Corp. Introduction The case of Johnson Associates Corporation; T. Chantal International Limited v. HL...