6th Circuit Case Commentaries

Federal Question and Diversity Jurisdiction in Private TCPA Claims: An Analysis of Charvat v. NMP, LLC

Date: Aug 31, 2011

Federal Question and Diversity Jurisdiction in Private TCPA Claims: An Analysis of Charvat v. NMP, LLC Introduction In the appellate case Philip J. Charvat, Plaintiff–Appellant, v. NMP, LLC, decided...

Determining the Validity of Arbitration Agreements in Employment Disputes: Insights from Hergenreder v. Bickford Senior Living Group

Date: Aug 31, 2011

Determining the Validity of Arbitration Agreements in Employment Disputes: Insights from Hergenreder v. Bickford Senior Living Group Introduction In the case of Maureen Hergenreder v. Bickford Senior...

Affirmation of Absolute Immunity for Prosecutors in Material Witness Detention: Adams v. Hanson

Date: Aug 31, 2011

Affirmation of Absolute Immunity for Prosecutors in Material Witness Detention: Adams v. Hanson Introduction In the case of LaTasha Adams v. Karen Hanson, adjudicated by the United States Court of...

6th Circuit Sets Key Precedents on Procedural Due Process and Equal Protection in School Suspension §1983 Litigation

Date: Aug 27, 2011

6th Circuit Sets Key Precedents on Procedural Due Process and Equal Protection in School Suspension §1983 Litigation Introduction The case of Christian Heyne et al. v. Metropolitan Nashville Public...

Exclusionary Rule and Causation: Analysis of United States v. Clariot et al

Date: Aug 26, 2011

Exclusionary Rule and Causation: Analysis of United States v. Clariot et al. Introduction The case of United States of America v. Jose M. Clariot, Franklin Guzman, and Oscar Toledo (655 F.3d 550)...

Sanctions for Reasserting Dismissed Claims: Metz v. Unizan Bank

Date: Aug 25, 2011

Sanctions for Reasserting Dismissed Claims: Metz v. Unizan Bank Introduction The case of Carol Metz, et al. v. Unizan Bank, et al. (655 F.3d 485, 6th Cir. 2011) serves as a significant precedent in...

Reaffirmation of FDA Approval as a Rebuttable Presumption in Product Liability: Emerson v. Novartis Pharmaceuticals

Date: Aug 24, 2011

Reaffirmation of FDA Approval as a Rebuttable Presumption in Product Liability: Emerson v. Novartis Pharmaceuticals Introduction The case of Trina Emerson, substituted on behalf of Tim Crews,...

Sixth Circuit Upholds Dismissal of FCA Claims Due to Insufficient Particularity

Date: Aug 24, 2011

Sixth Circuit Upholds Dismissal of FCA Claims Due to Insufficient Particularity Introduction In the case of Richard Chesbrough, MD and Kim Chesbrough v. VPA, P.C., the United States Court of Appeals...

Materiality of Suppressed Evidence in Capital Habeas Corpus Claims: Montgomery v. Da

Date: Aug 23, 2011

Materiality of Suppressed Evidence in Capital Habeas Corpus Claims: Montgomery v. Da Introduction Montgomery v. Da, 654 F.3d 668 (6th Cir. 2011), is a pivotal case that delves into the complexities...

Sixth Circuit Affirms Strict Application of Statutes of Limitations in UCC and Fraud Claims Arising from Ponzi Scheme

Date: Aug 20, 2011

Sixth Circuit Affirms Strict Application of Statutes of Limitations in UCC and Fraud Claims Arising from Ponzi Scheme Introduction In the landmark case, Carol Metz et al. v. Unizan Bank et al., et...

Waiver of Personal Jurisdiction through General Appearance: Gerber v. Riordan

Date: Aug 19, 2011

Waiver of Personal Jurisdiction through General Appearance: Gerber v. Riordan Introduction Gerber v. Riordan, 649 F.3d 514 (6th Cir. 2011), is a pivotal case that addresses the complexities...

Affirmation of MEJA Jurisdiction in United States v. Green

Date: Aug 17, 2011

Affirmation of MEJA Jurisdiction in United States v. Green Introduction United States of America v. Steven D. Green is a landmark decision by the United States Court of Appeals for the Sixth Circuit,...

Affirmation of Lower Court’s Decision in Gardner v. United States: Clarifying the Scope of Mandatory Minimums under 18 U.S.C. § 2252A(b)(1)

Date: Aug 13, 2011

Affirmation of Lower Court’s Decision in Gardner v. United States: Clarifying the Scope of Mandatory Minimums under 18 U.S.C. § 2252A(b)(1) Introduction In the case of United States of America v....

Procedural Default and Ineffective Assistance of Counsel: Insights from Taylor v. McKee

Date: Aug 13, 2011

Procedural Default and Ineffective Assistance of Counsel: Insights from Taylor v. McKee, 649 F.3d 446 Introduction Taylor v. McKee, 649 F.3d 446 (6th Cir. 2011), serves as a pivotal case in...

Establishing Precedent on Trade Secret Misappropriation: Brake Parts, Inc. v. Satisfied Brake Products, Inc.

Date: Aug 12, 2011

Establishing Precedent on Trade Secret Misappropriation: Brake Parts, Inc. v. Satisfied Brake Products, Inc. Introduction In Brake Parts, Inc. v. David Lewis, Defendant, Satisfied Brake Products,...

Enhanced Scrutiny of 'Violent Felony' Classification under the ACCA: Insights from United States v. McMurray

Date: Aug 5, 2011

Enhanced Scrutiny of 'Violent Felony' Classification under the ACCA: Insights from United States v. McMurray Introduction United States v. Tyrone McMurray, 653 F.3d 367 (6th Cir. 2011), marks a...

Ashland Inc. v. Oppenheimer Co.: Reinforcing Scienter Standards in Securities Fraud Litigation

Date: Jul 29, 2011

Ashland Inc. v. Oppenheimer Co.: Reinforcing Scienter Standards in Securities Fraud Litigation Introduction Ashland Inc. and AshThree LLC v. Oppenheimer Co., Inc. is a pivotal case in the realm of...

Exhaustion of Administrative Remedies in Prisoner Retaliation Claims: Siggers v. Campbell et al.

Date: Jul 28, 2011

Exhaustion of Administrative Remedies in Prisoner Retaliation Claims: Siggers v. Campbell et al. Introduction Darrell Siggers v. Ellen Campbell; Andrew Jackson; N. Minton; Patricia Caruso, 652 F.3d...

Qualified Immunity Affirmed for Correctional Officials in Equal Protection Claims: Umani v. Michigan Department of Corrections

Date: Jul 19, 2011

Qualified Immunity Affirmed for Correctional Officials in Equal Protection Claims: Umani v. Michigan Department of Corrections Introduction In the case of Solel Umani v. Michigan Department of...

Sixth Circuit Affirms Summary Judgment in Patrick Lee Taser Use Case: Clarifying Excessive Force and Municipality Liability Standards under §1983

Date: Jul 19, 2011

Sixth Circuit Affirms Summary Judgment in Patrick Lee Taser Use Case: Clarifying Excessive Force and Municipality Liability Standards under §1983 Introduction In the case of Bud LEE; Cindy Lundman,...