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  • Commentaries
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6th Circuit Case Commentaries

Affirmation of Dismissal in Morgan Stanley Class B Share Disclosure Case

Affirmation of Dismissal in Morgan Stanley Class B Share Disclosure Case

Date: Aug 23, 2005
Affirmation of Dismissal in Morgan Stanley Class B Share Disclosure Case Introduction The case of Edward B. Benzon, et al. v. Morgan Stanley Distributors, Inc. presents a significant examination of...
Due Process in Receivership Proceedings: Analysis of Mohnkern v. Capwill

Due Process in Receivership Proceedings: Analysis of Mohnkern v. Capwill

Date: Aug 20, 2005
Due Process in Receivership Proceedings: Analysis of Mohnkern v. Capwill Introduction The case of Liberte Capital Group, LLC, et al., v. James A. Capwill, et al., Janet E. Mohnkern represents a...
Affirmation of Prison Administrative Discretion in Security Threat Group Classifications and Exhaustion of Remedies: Harbin-Bey v. Rutter

Affirmation of Prison Administrative Discretion in Security Threat Group Classifications and Exhaustion of Remedies: Harbin-Bey v. Rutter

Date: Aug 19, 2005
Affirmation of Prison Administrative Discretion in Security Threat Group Classifications and Exhaustion of Remedies: Harbin-Bey v. Rutter Introduction Harbin-Bey v. Rutter, decided by the United...
Reversal of Disability Benefits Denial: Kalish v. Liberty Mutual Establishes Enhanced Scrutiny in ERISA Claims

Reversal of Disability Benefits Denial: Kalish v. Liberty Mutual Establishes Enhanced Scrutiny in ERISA Claims

Date: Aug 19, 2005
Reversal of Disability Benefits Denial: Kalish v. Liberty Mutual Establishes Enhanced Scrutiny in ERISA Claims Introduction In Richard Kalish v. Liberty Mutual/Life Assurance Company of Boston, the...
Due Process in Higher Education Discipline: Flaim v. Medical College of Ohio

Due Process in Higher Education Discipline: Flaim v. Medical College of Ohio

Date: Aug 18, 2005
Due Process in Higher Education Discipline: Flaim v. Medical College of Ohio Introduction Sean Michael Flaim, a third-year medical student at the Medical College of Ohio, faced expulsion following...
Refining Cramdown Interest Rates: Insights from In re AMERICAN HOMEPATIENT, Inc.

Refining Cramdown Interest Rates: Insights from In re AMERICAN HOMEPATIENT, Inc.

Date: Aug 17, 2005
Refining Cramdown Interest Rates: Insights from In re AMERICAN HOMEPATIENT, Inc. Introduction The case of In re: American HomePatient, Inc. serves as a pivotal judicial examination of bankruptcy...
United States v. Kirby: Upholding Supervised Release Revocation Standards and Excluding Confrontation Clause Protections

United States v. Kirby: Upholding Supervised Release Revocation Standards and Excluding Confrontation Clause Protections

Date: Aug 16, 2005
United States v. Kirby: Upholding Supervised Release Revocation Standards and Excluding Confrontation Clause Protections Introduction In the case of United States of America v. Mary A. Kirby, the...
Affirmation of Disability Benefits Termination under ERISA Flex Plan: McCartha v. National City

Affirmation of Disability Benefits Termination under ERISA Flex Plan: McCartha v. National City

Date: Aug 11, 2005
Affirmation of Disability Benefits Termination under ERISA Flex Plan: McCartha v. National City Introduction Sharon McCartha, the plaintiff-appellant, was employed by National City Corporation, the...
Strict Warrant Accuracy Standards Established in Knott v. Sullivan

Strict Warrant Accuracy Standards Established in Knott v. Sullivan

Date: Aug 10, 2005
Strict Warrant Accuracy Standards Established in Knott v. Sullivan Introduction The case of Diane Knott v. Mark Sullivan et al. (418 F.3d 561) adjudicated by the United States Court of Appeals for...
Clarifying the 'Substantial Step' Requirement in Attempted Bank Robbery: United States v. Wesley

Clarifying the 'Substantial Step' Requirement in Attempted Bank Robbery: United States v. Wesley

Date: Aug 9, 2005
Clarifying the 'Substantial Step' Requirement in Attempted Bank Robbery: United States v. Wesley Introduction In the case of United States v. Wesley, 417 F.3d 612 (6th Cir. 2005), the United States...
Qualified Immunity Affirmed for Law Enforcement in Excessive Force Claims Post-BROSSEAU v. HAUGEN

Qualified Immunity Affirmed for Law Enforcement in Excessive Force Claims Post-BROSSEAU v. HAUGEN

Date: Aug 5, 2005
Qualified Immunity Affirmed for Law Enforcement in Excessive Force Claims Post-BROSSEAU v. HAUGEN Introduction Cheryl D. Lyons v. City of Xenia, et al. is a pivotal case adjudicated by the United...
Affirming Assault with Intent to Rob Unarmed as a Predicate for Felony Murder and Limiting Equitable Tolling under AEDPA: Ross v. Berghuis

Affirming Assault with Intent to Rob Unarmed as a Predicate for Felony Murder and Limiting Equitable Tolling under AEDPA: Ross v. Berghuis

Date: Aug 3, 2005
Affirming Assault with Intent to Rob Unarmed as a Predicate for Felony Murder and Limiting Equitable Tolling under AEDPA: Ross v. Berghuis Introduction Thomas Ross, the petitioner-appellant, was...
Enhanced Duty of Defense Counsel to Investigate Mitigating Factors in Capital Sentencing: Harries v. Bell

Enhanced Duty of Defense Counsel to Investigate Mitigating Factors in Capital Sentencing: Harries v. Bell

Date: Jul 29, 2005
Enhanced Duty of Defense Counsel to Investigate Mitigating Factors in Capital Sentencing: Harries v. Bell Introduction Ronald R. Harries was convicted of first-degree murder in Tennessee in 1981 for...
Cummings v. City of Akron: Sixth Circuit Refines Qualified Immunity Standards in Fourth Amendment Claims

Cummings v. City of Akron: Sixth Circuit Refines Qualified Immunity Standards in Fourth Amendment Claims

Date: Jul 23, 2005
Cummings v. City of Akron: Sixth Circuit Refines Qualified Immunity Standards in Fourth Amendment Claims Introduction Cummings v. City of Akron, 418 F.3d 676 (6th Cir. 2005), is a pivotal case that...
Affirmation of Death Sentence Validity in Aggravated Murder Convictions: Tyler v. Mitchell Analysis

Affirmation of Death Sentence Validity in Aggravated Murder Convictions: Tyler v. Mitchell Analysis

Date: Jul 21, 2005
Affirmation of Death Sentence Validity in Aggravated Murder Convictions: Tyler v. Mitchell Analysis Introduction The case of Arthur Tyler v. Betty Mitchell (416 F.3d 500), adjudicated by the United...
Revisiting the Statute of Limitations for Due Process Claims: Kelly v. Burks

Revisiting the Statute of Limitations for Due Process Claims: Kelly v. Burks

Date: Jul 21, 2005
Revisiting the Statute of Limitations for Due Process Claims: Kelly v. Burks Introduction Ralph E. Kelly v. Ishmon F. Burks Jr. et al., 415 F.3d 558 (6th Cir. 2005), is a pivotal case addressing the...
Admissibility of Non-Testimonial Hearsay under the Sixth Amendment: Insights from United States v. Franklin and Clarke

Admissibility of Non-Testimonial Hearsay under the Sixth Amendment: Insights from United States v. Franklin and Clarke

Date: Jul 20, 2005
Admissibility of Non-Testimonial Hearsay under the Sixth Amendment: Insights from United States v. Franklin and Clarke Introduction Case: United States of America v. Marcus Franklin and Jamaal Clarke...
Emotional Distress Under FELA Must Stem from Fear for Personal Safety: Lukowski and Blauvelt v. CSX Transportation

Emotional Distress Under FELA Must Stem from Fear for Personal Safety: Lukowski and Blauvelt v. CSX Transportation

Date: Jul 20, 2005
Emotional Distress Under FELA Must Stem from Fear for Personal Safety: Lukowski and Blauvelt v. CSX Transportation Introduction In the case of James R. Lukowski and Lester J. Blauvelt v. CSX...
Reaffirming AEDPA Deference Standards: Comprehensive Analysis of Maldonado v. Wilson

Reaffirming AEDPA Deference Standards: Comprehensive Analysis of Maldonado v. Wilson

Date: Jul 16, 2005
Reaffirming AEDPA Deference Standards: Comprehensive Analysis of Maldonado v. Wilson Introduction The case of Henry Maldonado v. Julius Wilson (416 F.3d 470) represents a pivotal moment in the...
Tisdale v. FedEx: Extending Retaliation Protections under Title VII

Tisdale v. FedEx: Extending Retaliation Protections under Title VII

Date: Jul 15, 2005
Tisdale v. FedEx: Extending Retaliation Protections under Title VII Introduction The case of Richard Tisdale v. Federal Express Corporation (415 F.3d 516) adjudicated by the United States Court of...
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