6th Circuit Case Commentaries

Affirmation of Summary Judgment in Richmond v. Settles et al.: Clarifying Eighth Amendment Standards for Excessive Force and Conditions of Confinement

Date: Dec 3, 2011

Affirmation of Summary Judgment in Richmond v. Settles et al.: Clarifying Eighth Amendment Standards for Excessive Force and Conditions of Confinement Introduction The case of Linnell Richmond v....

Reaffirmation of Holland's Two-Part Test for Equitable Tolling in Habeas Corpus Petitions: Hall v. Warden

Date: Dec 1, 2011

Reaffirmation of Holland's Two-Part Test for Equitable Tolling in Habeas Corpus Petitions: Hall v. Warden Introduction Hall v. Warden, Lebanon Correctional Institution, 662 F.3d 745 (6th Cir. 2011)...

Equitable Tolling in Habeas Corpus Petitions: Ata v. Scutt Establishes New Precedent

Date: Nov 29, 2011

Equitable Tolling in Habeas Corpus Petitions: Ata v. Scutt Establishes New Precedent Introduction Ata v. Scutt, 662 F.3d 736 (6th Cir. 2011), is a pivotal case in the realm of federal habeas corpus...

Remand of Disability Onset Determination in McHugh v. Astrue

Date: Nov 16, 2011

Remand of Disability Onset Determination in McHugh v. Astrue Introduction McHugh v. Astrue is a pivotal case adjudicated in the United States District Court for the Southern District of Ohio, Western...

Affirmation of Essential Job Functions in ADA Accommodation Claims: Johnson v. Cleveland City School District

Date: Nov 16, 2011

Affirmation of Essential Job Functions in ADA Accommodation Claims: Johnson v. Cleveland City School District Introduction In the case of Sharon Johnson v. Cleveland City School District, the...

Class Action Certification Denied for Deceptive Advertising Claims Due to Varied State Laws

Date: Nov 11, 2011

Class Action Certification Denied for Deceptive Advertising Claims Due to Varied State Laws Introduction In the case of Daniel Pilgrim and Patrick Kirlin v. Universal Health Card, LLC and Coverdell &...

Enhanced Particularity in Search Warrants: Wheeler v. City of Lansing

Date: Nov 9, 2011

Enhanced Particularity in Search Warrants: Wheeler v. City of Lansing Introduction The case of Stella Wheeler v. The City of Lansing; Dennis Wirth (660 F.3d 931) adjudicated by the United States...

Clarifying Standards for §1983 Claims of Deliberate Indifference in Medical Care: Maston v. Montgomery County Jail

Date: Nov 9, 2011

Clarifying Standards for §1983 Claims of Deliberate Indifference in Medical Care: Maston v. Montgomery County Jail Introduction The case of William Maston, Jr. v. Montgomery County Jail Medical Staff...

Fraudulent Joinder and Timely Removal: Sixth Circuit's Decision in Indi v. Philip Morris USA

Date: Nov 1, 2011

Fraudulent Joinder and Timely Removal: Sixth Circuit's Decision in Indi v. Philip Morris USA Introduction In the case of John Walker, Individually and as Administrator for the Estate of Ann-Ashia...

Illegitimate Seizure and the Invalidity of Consent: Insights from Beauchamp v. United States

Date: Oct 26, 2011

Illegitimate Seizure and the Invalidity of Consent: Insights from Beauchamp v. United States Introduction In the landmark case of United States of America v. Gevoyl N. Beauchamp, adjudicated by the...

Affirmed Dismissal in First and Fifth Amendment Claims: Insights from Center for Bio–Ethical Reform, Inc. v. Napolitano and Holder

Date: Oct 6, 2011

Affirmed Dismissal in First and Fifth Amendment Claims: Insights from Center for Bio–Ethical Reform, Inc. v. Napolitano and Holder Introduction The case of Center for Bio–Ethical Reform, Inc., Gregg...

Reinforcing AEDPA's Deference in Sufficiency of Evidence and Ineffective Assistance Claims: Davis v. Lafler

Date: Oct 4, 2011

Reinforcing AEDPA's Deference in Sufficiency of Evidence and Ineffective Assistance Claims: Davis v. Lafler Introduction Tony Davis, the petitioner, was convicted by a Michigan jury of aiding and...

Nidal Bazzi v. City of Dearborn: Sixth Circuit Establishes New Standards for Civil Conspiracy Claims under § 1983

Date: Sep 30, 2011

Nidal Bazzi v. City of Dearborn: Sixth Circuit Establishes New Standards for Civil Conspiracy Claims under § 1983 Introduction In Nidal Bazzi, Plaintiff-Appellant, v. City of Dearborn; Marwan Haidar;...

Enhancing the Treating Physician Rule in Social Security Disability Determinations: Cole v. Astrue

Date: Sep 23, 2011

Enhancing the Treating Physician Rule in Social Security Disability Determinations: Cole v. Astrue Introduction Richard L. Cole filed a lawsuit against Michael Astrue, Commissioner of Social...

Limiting Class Action Suitability in ERISA Fiduciary Breach Cases: Sixth Circuit Decision in Blue Cross v. Pipefitters Local 636

Date: Sep 21, 2011

Limiting Class Action Suitability in ERISA Fiduciary Breach Cases: Sixth Circuit Decision in Blue Cross v. Pipefitters Local 636 Introduction The case of Pipefitters Local 636 Insurance Fund,...

Establishing Damages in Default Judgments: Insights from Flynn v. People’s Choice Home Loans, Inc.

Date: Sep 10, 2011

Establishing Damages in Default Judgments: Insights from Flynn v. People’s Choice Home Loans, Inc. Introduction In the case of William M. Flynn, aka William Michael Flynn v. People's Choice Home...

Threshold of Risk for Medical Monitoring: Sixth Circuit Affirms Summary Judgment in Toxic Tort Case

Date: Sep 9, 2011

Threshold of Risk for Medical Monitoring: Sixth Circuit Affirms Summary Judgment in Toxic Tort Case Introduction The case of Jonathan Hirsch; Jeanne Myers, Individually and on behalf of all others...

JALOWIEC v. BRADSHAW: Clarifying Materiality of Brady Violations and Conflict of Interest in Effective Assistance of Counsel

Date: Sep 8, 2011

JALOWIEC v. BRADSHAW: Clarifying Materiality of Brady Violations and Conflict of Interest in Effective Assistance of Counsel Introduction Stanley Jalowiec v. Margaret Bradshaw is a seminal case...

Clarifying Rule 11 Sanctions and Personal Jurisdiction: Insights from PT Pukuafu Indah v. Newmont Mining Corp.

Date: Sep 7, 2011

Clarifying Rule 11 Sanctions and Personal Jurisdiction: Insights from PT Pukuafu Indah v. Newmont Mining Corp. Introduction The case of PT Pukuafu Indah; PT Tanjung Sera Pung; Leonard L.J. Young; PT...

Affirmation of CMS's Enforcement of Federal Regulations in Golden Living Center Case

Date: Sep 1, 2011

Affirmation of CMS's Enforcement of Federal Regulations in Golden Living Center Case Introduction The case of Golden Living Center-Frankfort v. Secretary of Health and Human Services (656 F.3d 421),...