6th Circuit Case Commentaries

Romani v. Michigan DHS: 6th Circuit Defines 'Needed to Care For' in FMLA and Upholds Title VII Summary Judgment

Date: Apr 7, 2012

Romani v. Michigan DHS: 6th Circuit Defines 'Needed to Care For' in FMLA and Upholds Title VII Summary Judgment Introduction In Romani v. Michigan Department of Human Services (668 F.3d 826), the...

Affirmed: Duty to Monitor Electronic Dockets and Limits on Excusable Neglect in Federal Court

Date: Apr 7, 2012

Affirmed: Duty to Monitor Electronic Dockets and Limits on Excusable Neglect in Federal Court 1. Introduction The case of Gary D. Yeschick v. Norman Y. Mineta, decided by the United States Court of...

Finality of Sentences in Federal Habeas Corpus: Analysis of Rashad v. Lafler

Date: Apr 6, 2012

Finality of Sentences in Federal Habeas Corpus: Analysis of Rashad v. Lafler Introduction Dwight Rashad v. Blaine Lafler, 675 F.3d 564 (6th Cir. 2012), presents a significant examination of the...

Reaffirming Sixth Amendment Protections: Ineffective Assistance of Counsel in Sentencing – McPhearson v. United States

Date: Apr 6, 2012

Ineffective Assistance of Counsel in Sentencing: McPhearson v. United States Sets New Standard Introduction Martedis McPhearson v. United States is a pivotal case adjudicated by the United States...

Classification of Fractional Undivided Interests in Oil and Gas as Securities and Rescission Damages under §10(b): Nolfi v. Ohio Kentucky Oil Corp.

Date: Apr 5, 2012

Classification of Fractional Undivided Interests in Oil and Gas as Securities and Rescission Damages under §10(b): Nolfi v. Ohio Kentucky Oil Corp. Introduction The case of Gregory M. Nolfi, et al....

Affirmation of Strict Standards for Title IX Student Harassment Claims: Pahssen v. Merrill Community School District

Date: Apr 5, 2012

Affirmation of Strict Standards for Title IX Student Harassment Claims: Pahssen v. Merrill Community School District Introduction Pahssen v. Merrill Community School District, 668 F.3d 356 (6th Cir....

Rigorous Evaluation of Expert Testimony and Design Defect Claims Reinforced in Newell Rubbermaid v. Raymond Corp.

Date: Apr 4, 2012

Rigorous Evaluation of Expert Testimony and Design Defect Claims Reinforced in Newell Rubbermaid v. Raymond Corp. Introduction The case of Newell Rubbermaid, Inc. v. The Raymond Corporation (676 F.3d...

Affirmation of Dismissal in Fair Housing Act Claim: HDC, LLC v. City of Ann Arbor

Date: Mar 31, 2012

Affirmation of Dismissal in Fair Housing Act Claim: HDC, LLC v. City of Ann Arbor Introduction In the case of HDC, LLC; XY, LLC; 200 East William Street, LDHA, LLC v. City of Ann Arbor, the United...

Inconsequential Adverse Actions in First Amendment Retaliation Claims: Analysis of WURZELBACHER v. JONES-KELLEY

Date: Mar 28, 2012

Inconsequential Adverse Actions in First Amendment Retaliation Claims: Analysis of WURZELBACHER v. JONES-KELLEY Introduction WURZELBACHER v. JONES-KELLEY, 675 F.3d 580 (6th Cir. 2012), presents a...

Full Faith and Credit Doctrine and Class Action Preclusion: A Commentary on Gooch v. Life Investors Insurance Co.

Date: Mar 17, 2012

Full Faith and Credit Doctrine and Class Action Preclusion: A Commentary on Gooch v. Life Investors Insurance Co. Introduction Gooch v. Life Investors Insurance Company of America is a pivotal case...

Expansion of Service Scope under Perpetual Telecommunications Franchises: Mediacom Southeast LLC v. AT&T Kentucky

Date: Mar 3, 2012

Expansion of Service Scope under Perpetual Telecommunications Franchises: Mediacom Southeast LLC v. AT&T Kentucky Introduction The case of Mediacom Southeast LLC v. BellSouth Telecommunications, Inc....

6th Circuit Establishes Enhanced Jurisdictional Standards for Foreign Defendants under the Sherman Act

Date: Mar 3, 2012

6th Circuit Establishes Enhanced Jurisdictional Standards for Foreign Defendants under the Sherman Act Introduction The case of Carrier Corporation v. Outokumpu Oyj adjudicated by the United States...

Exhaustion of Internal Union Remedies in Hybrid §301/Fair Representation Cases: Sixth Circuit Overrules Molpus and Burkholder

Date: Mar 2, 2012

Exhaustion of Internal Union Remedies in Hybrid §301/Fair Representation Cases: Sixth Circuit Overrules Molpus and Burkholder Introduction The landmark decision in Brandon Chapman v. United Auto...

Abdurakhmanov v. Holder: Establishing Precedent on Credibility Determinations in Asylum Claims

Date: Mar 2, 2012

Abdurakhmanov v. Holder: Establishing Precedent on Credibility Determinations in Asylum Claims Introduction Abdurakhmanov v. Holder is a pivotal case adjudicated by the United States Court of Appeals...

Proper Filing of Successive Post-Conviction Motions and Tolling of AEDPA Limitations: Williams v. Birkett

Date: Mar 1, 2012

Proper Filing of Successive Post-Conviction Motions and Tolling of AEDPA Limitations: Williams v. Birkett Introduction Murad Williams v. Thomas Birkett, 670 F.3d 729 (6th Cir. 2012), is a pivotal...

Savage v. Gee: Waiver of Federal Claims and Limitations on Retaliation Claims Affirmed

Date: Mar 1, 2012

Savage v. Gee: Waiver of Federal Claims and Limitations on Retaliation Claims Affirmed Introduction The case of Scott A. Savage, Plaintiff–Appellant, v. E. Gordon Gee, et al. addressed critical...

Appellate Waiver and Supervised Release Conditions Upheld in Ferguson v. United States

Date: Feb 28, 2012

Appellate Waiver and Supervised Release Conditions Upheld in Ferguson v. United States Introduction In United States v. Ferguson, 669 F.3d 756 (6th Cir. 2012), the United States Court of Appeals for...

6th Circuit Affirms Summary Judgment in FMLA and ADA Claims Due to Lack of Pretextual Evidence

Date: Feb 28, 2012

6th Circuit Affirms Summary Judgment in FMLA and ADA Claims Due to Lack of Pretextual Evidence Introduction In the case of Gwendolyn Donald v. Sybra, Incorporated (dba Arby's), the United States...

Establishing Personal Jurisdiction: Schneider v. Nelson - Sixth Circuit Analysis

Date: Feb 24, 2012

Establishing Personal Jurisdiction: Schneider v. Nelson - Sixth Circuit Analysis Introduction Schneider v. Nelson, 669 F.3d 693 (6th Cir. 2012), addresses critical issues surrounding personal...

Enforcement of Appeal Waivers in Guilty Plea Agreements: The Toth Case

Date: Feb 24, 2012

Enforcement of Appeal Waivers in Guilty Plea Agreements: The Toth Case Introduction In the landmark case United States of America v. Dean Anthony Toth, 668 F.3d 374 (6th Cir. 2012), the United States...