6th Circuit Case Commentaries

Rede–Mendez v. United States: Redefining 'Crime of Violence' for Sentencing Enhancements

Date: May 22, 2012

Rede–Mendez v. United States: Redefining 'Crime of Violence' for Sentencing Enhancements Introduction Rede–Mendez v. United States is a pivotal case adjudicated by the United States Court of Appeals...

Affirmation of Dangerous Weapon Enhancement and Second Amendment Considerations in United States v. Greeno

Date: May 22, 2012

Affirmation of Dangerous Weapon Enhancement and Second Amendment Considerations in United States v. Greeno Introduction In the case of United States v. Mark Greeno, the United States Court of Appeals...

Limiting Supervisory Release Conditions and Upholding Traffic Stop Reasonableness in Narcotics Conspiracy: Insights from U.S. v. Stepp

Date: May 18, 2012

Limiting Supervisory Release Conditions and Upholding Traffic Stop Reasonableness in Narcotics Conspiracy: Insights from U.S. v. Stepp Introduction In the case of United States of America v. Tommie...

6th Circuit Affirms Qualified Immunity for City Officials in Warrantless Water Meter Searches: Clemente v. Vaslo

Date: May 16, 2012

6th Circuit Affirms Qualified Immunity for City Officials in Warrantless Water Meter Searches: Clemente v. Vaslo Introduction In the case of Clemente v. Vaslo, the plaintiffs, former employees of the...

Affirmation of Rational Basis Review in Citizenship Age Requirements: Guzman v. U.S. Department of Homeland Security

Date: May 11, 2012

Affirmation of Rational Basis Review in Citizenship Age Requirements: Guzman v. U.S. Department of Homeland Security Introduction Guzman v. United States Department of Homeland Security is a landmark...

Reversing District Court: Sexual Orientation Discrimination in Prison Employment Under Equal Protection

Date: May 11, 2012

Reversing District Court: Sexual Orientation Discrimination in Prison Employment Under Equal Protection Introduction In Davis v. Prison Health Services, 679 F.3d 433 (6th Cir. 2012), the United...

Affirming ELCRA's Scope: Sexual Harassment Claims Must Be Based on Sex, Not Sexual Orientation

Date: May 11, 2012

Affirming ELCRA's Scope: Sexual Harassment Claims Must Be Based on Sex, Not Sexual Orientation Introduction In the case of Jeffrey Kalich v. AT&T Mobility, LLC, adjudicated by the United States Court...

Sixth Circuit Affirms Trademark Protection for Trade Dress: The Case of Maker's Mark’s Red Dripping Wax Seal

Date: May 10, 2012

Sixth Circuit Affirms Trademark Protection for Trade Dress: The Case of Maker's Mark’s Red Dripping Wax Seal Introduction The case of Maker's Mark Distillery, Inc. v. Diageo North America, Inc....

Exhaustion of Administrative Remedies Reinforced in Surles v. Andison

Date: May 9, 2012

Exhaustion of Administrative Remedies Reinforced in Surles v. Andison Introduction In the landmark case of Samuel Surles v. Donald Andison, et al., decided by the United States Court of Appeals for...

Honest Belief in Disability Fraud Protects Employers from FMLA Retaliation Claims – Seeger v. Cincinnati Bell

Date: May 9, 2012

Honest Belief in Disability Fraud Protects Employers from FMLA Retaliation Claims – Seeger v. Cincinnati Bell Introduction The case of Tom Seeger v. Cincinnati Bell Telephone Company, LLC, decided by...

Affirming Restrictions on Habeas Corpus Petitions under the REAL ID Act in Immigration Cases: Zundel v. Holder

Date: May 8, 2012

Affirming Restrictions on Habeas Corpus Petitions under the REAL ID Act in Immigration Cases: Zundel v. Holder Introduction Ernst C. Zundel, a German citizen, and his wife, Ingrid A. Zundel, a United...

6th Circuit Expands FDCPA Protections to Consumers Mistakenly Alleged to Owe Debts

Date: May 1, 2012

6th Circuit Expands FDCPA Protections to Consumers Mistakenly Alleged to Owe Debts Introduction In Lisa Bridge & William W. Bridge, III v. Ocwen Federal Bank, FSB et al., decided on April 30, 2012,...

Affirmation of ACCA Sentencing and Reasonable Suspicion Standards in United States v. James Jones

Date: Apr 28, 2012

Affirmation of ACCA Sentencing and Reasonable Suspicion Standards in United States v. James Jones Introduction In United States of America v. James Jones, 673 F.3d 497 (6th Cir. 2012), the United...

Al v. Campbell: Upholding AEDPA Standards in Death Penalty Habeas Corpus Review

Date: Apr 21, 2012

Al v. Campbell: Upholding AEDPA Standards in Death Penalty Habeas Corpus Review Introduction Alva E. Campbell stands convicted of four counts of aggravated murder, resulting in a death sentence that...

Six-Year Statute of Limitations for Fraudulent Fiduciary Breaches Under ERISA: Insights from Cataldo v. United States Steel Corporation

Date: Apr 14, 2012

Six-Year Statute of Limitations for Fraudulent Fiduciary Breaches Under ERISA: Insights from Cataldo v. United States Steel Corporation Introduction Cataldo v. United States Steel Corporation (676...

Procedural Default Prevails in Habeas Petition Despite Alleged Prosecutorial Misconduct: Wogenstahl v. Mitchell

Date: Apr 13, 2012

Procedural Default Prevails in Habeas Petition Despite Alleged Prosecutorial Misconduct: Wogenstahl v. Mitchell Introduction In the case of Jeffrey A. Wogenstahl v. Betty Mitchell, adjudicated by the...

Reinterpreting 'Proceeds' Under §1956: The Wooten v. Cauley Decision

Date: Apr 13, 2012

Reinterpreting 'Proceeds' Under §1956: The Wooten v. Cauley Decision Introduction In the case of Jerry Lane Wooten v. E.K. Cauley, 677 F.3d 303 (6th Cir. 2012), the United States Court of Appeals for...

Judicial Immunity Affirmed in Savoie v. Martin: Implications for Judges Transitioning from Mediation Roles

Date: Apr 13, 2012

Judicial Immunity Affirmed in Savoie v. Martin: Implications for Judges Transitioning from Mediation Roles Introduction The case of Christopher John Savoie, Plaintiff–Appellant, v. Judge James G....

Defining Hostile Work Environment: Sixth Circuit's Decision in Berryman v. SuperValu Holdings

Date: Apr 12, 2012

Defining Hostile Work Environment: Sixth Circuit's Decision in Berryman v. SuperValu Holdings Introduction In the landmark case of Berryman et al. v. SuperValu Holdings, Inc., the United States Court...

Mootness and Standing in Municipal Ordinance Challenges: Bench Billboard Co. v. City of Cincinnati

Date: Apr 11, 2012

Mootness and Standing in Municipal Ordinance Challenges: Bench Billboard Co. v. City of Cincinnati Introduction The case of Bench Billboard Company versus the City of Cincinnati addresses significant...