6th Circuit Case Commentaries

Indigent Defendants Lacking Choice-of-Counsel Right: Insights from Daniels v. Laffler

Date: Sep 6, 2007

Indigent Defendants Lacking Choice-of-Counsel Right: Insights from Daniels v. Laffler Introduction Daniels v. Laffler is a pivotal case decided by the United States Court of Appeals for the Sixth...

Sixth Amendment Defense Rights and Habeas Corpus: FERENSIC v. BIRKETT Establishes Critical Precedent

Date: Sep 5, 2007

Sixth Amendment Defense Rights and Habeas Corpus: FERENSIC v. BIRKETT Establishes Critical Precedent Introduction FERENSIC v. BIRKETT (501 F.3d 469) is a pivotal case decided by the United States...

Affirmation of Arbitration Award: Strict Standards for Proving Fraud Under FAA §10(a) in Ty Ke v. Carty Company, Inc.

Date: Sep 5, 2007

Affirmation of Arbitration Award: Strict Standards for Proving Fraud Under FAA §10(a) in Ty Ke v. Carty Company, Inc. Introduction In the landmark case of Ty Kevin Bauer v. Carty Company, Inc., the...

Reaffirming Burden-Shifting and Evidence Standards in Title VII Discrimination Claims: Analysis of Olin Clay v. UPS, Sixth Circuit, 501 F.3d 695

Date: Sep 1, 2007

Reaffirming Burden-Shifting and Evidence Standards in Title VII Discrimination Claims: Analysis of Olin Clay v. UPS, Sixth Circuit, 501 F.3d 695 Introduction The case of Olin Clay, Marie Moss, Marcus...

Sixth Circuit Reinforces First Amendment Protections for Exotic Performers in Liquor-Licensed Establishments

Date: Aug 31, 2007

Sixth Circuit Reinforces First Amendment Protections for Exotic Performers in Liquor-Licensed Establishments Introduction In the landmark case of Hamilton's Bogarts, Inc.; Kathleen Polzin v. State of...

Affirming §1983 Jurisprudence for Procedural Rights in Indigency Hearings: Powers v. Hamilton County Public Defender Commission

Date: Aug 30, 2007

Affirming §1983 Jurisprudence for Procedural Rights in Indigency Hearings: Powers v. Hamilton County Public Defender Commission Introduction In Michael Powers v. Hamilton County Public Defender...

Sixth Circuit Clarifies §3553(a)(6): National Uniformity Over Co-Defendant Disparities in Sentencing

Date: Aug 30, 2007

Sixth Circuit Clarifies §3553(a)(6): National Uniformity Over Co-Defendant Disparities in Sentencing Introduction The case of United States of America v. Kossie Lamon Simmons (501 F.3d 620)...

Direct Effect Requirement in FSIA's Commercial Activity Exception Affirmed

Date: Aug 30, 2007

Direct Effect Requirement in FSIA's Commercial Activity Exception Affirmed Introduction The case of American Telecom Co., L.L.C.; American Telecom Group-USA, L.L.C. v. Republic of Lebanon addresses...

Affirmation of Rational Basis Scrutiny in Tennessee's Driver License Law: LULAC v. Bredesen

Date: Aug 29, 2007

Affirmation of Rational Basis Scrutiny in Tennessee's Driver License Law: LULAC v. Bredesen Introduction The case of League of United Latin American Citizens (LULAC) v. Bredesen explores the...

Application of the Schlup Standard for Equitable Tolling in Habeas Corpus Petitions: McCray v. Vasbinder

Date: Aug 29, 2007

Application of the Schlup Standard for Equitable Tolling in Habeas Corpus Petitions: McCray v. Vasbinder Introduction The case of Oyd Collins McCray v. David Vasbinder navigates the intricate...

Sixth Circuit Determines One-Day In-School Suspension as De Minimis, Negating Due Process Claim

Date: Aug 29, 2007

Sixth Circuit Determines One-Day In-School Suspension as De Minimis, Negating Due Process Claim Introduction In the case of William Laney, indi v. Dually (501 F.3d 577, 6th Cir. 2007), the United...

Affirmation of Garcetti: Employee Speech Pursuant to Official Duties Not Protected Under First Amendment

Date: Aug 25, 2007

Affirmation of Garcetti: Employee Speech Pursuant to Official Duties Not Protected Under First Amendment Introduction In the case of Denise Weisbarth v. Geauga Park District, the United States Court...

State Action and First Amendment Access Claims: Insights from S.H.A.R.K. v. Metro Parks

Date: Aug 25, 2007

State Action and First Amendment Access Claims: Insights from S.H.A.R.K. v. Metro Parks Introduction S.H.A.R.K.; Stephen Hindi v. Metro Parks Serving Summit County, 499 F.3d 553 (6th Cir. 2007), is a...

Affirmation of Habeas Corpus Denial in O'Hara v. Brigano: Upholding Procedural Defaults and Standards for Brady Violations

Date: Aug 22, 2007

Affirmation of Habeas Corpus Denial in O'Hara v. Brigano: Upholding Procedural Defaults and Standards for Brady Violations Introduction The case of Henry O'Hara v. Anthony Brigano, Warden (499 F.3d...

Substantial-Federal-Question Doctrine in MIKULSKI v. CENTERIOR ENERGY CORP.

Date: Aug 22, 2007

Substantial-Federal-Question Doctrine in MIKULSKI v. CENTERIOR ENERGY CORP. (2007) Introduction MIKULSKI v. CENTERIOR ENERGY CORP. is a pivotal case decided by the United States Court of Appeals for...

Substantial Evidence and Remand Standards in SSDI Appeals: Paul W. Bass II v. McMahon

Date: Aug 22, 2007

Substantial Evidence and Remand Standards in SSDI Appeals: Paul W. Bass II v. McMahon Introduction In the landmark case of Paul W. Bass II v. Linda S. McMahon (499 F.3d 506), adjudicated by the...

Sixth Circuit Clarifies Standards for FMLA Retaliation Claims: Reversing Summary Judgment in Bryson v. Regis Corp.

Date: Aug 17, 2007

Sixth Circuit Clarifies Standards for FMLA Retaliation Claims: Reversing Summary Judgment in Bryson v. Regis Corp. Introduction In the landmark case Karen Bryson v. Regis Corp., the United States...

Affirmation of Dismissal: Subject Matter Jurisdiction and the Rooker-Feldman Doctrine in Davis v. United States

Date: Aug 17, 2007

Affirmation of Dismissal: Subject Matter Jurisdiction and the Rooker-Feldman Doctrine in Davis v. United States Introduction In the case of John J. Davis, Plaintiff-Appellant, v. United States of...

Affirmation of District Court's Evidentiary Rulings in United States v. Cody: Implications for Joinder and Evidence Admissibility

Date: Aug 17, 2007

Affirmation of District Court's Evidentiary Rulings in United States v. Cody: Implications for Joinder and Evidence Admissibility Introduction In United States of America v. Talmadge Cody, 498 F.3d...

Speedy Trial Rights Affirmed in United States v. Brown

Date: Aug 17, 2007

Speedy Trial Rights Affirmed in United States v. Brown 1. Introduction In the case of United States of America v. Clarence Howard Brown, 498 F.3d 523 (6th Cir. 2007), the United States Court of...

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