6th Circuit Case Commentaries

Qualified Immunity Denied in Cases of Deliberate Indifference to Detainee's Serious Medical Needs

Date: May 28, 2005

Qualified Immunity Denied in Cases of Deliberate Indifference to Detainee's Serious Medical Needs Introduction The case of ESTATE OF Tori Carter; Brenda Chambers v. CITY OF DETROIT, et al. addresses...

Requirement for Articulated Reasoning in Sentencing Departures Post-Booker: United States v. Jackson

Date: May 25, 2005

Requirement for Articulated Reasoning in Sentencing Departures Post-Booker: United States v. Jackson Introduction The case of United States of America v. Michael E. Jackson, 408 F.3d 301 (6th Cir....

Affirmation of Regional Water District's Discretion: No Protected Property Interest for Tenants in Utility Service Accounts

Date: May 25, 2005

Affirmation of Regional Water District's Discretion: No Protected Property Interest for Tenants in Utility Service Accounts Introduction In the case of Brian Midkiff; Monica Midkiff v. Adams County...

Reversing Arbitrary Denial: Calvert v. Firstar Finance Establishes Enhanced Scrutiny for ERISA Claims

Date: May 18, 2005

Reversing Arbitrary Denial: Calvert v. Firstar Finance Establishes Enhanced Scrutiny for ERISA Claims Introduction The case of Linda Gail Calvert v. Firstar Finance, Inc. (409 F.3d 286) adjudicated...

Karkoukli's, Inc. v. Dohany: Enhancing Due Process in Tax Foreclosure Procedures

Date: May 18, 2005

Karkoukli's, Inc. v. Dohany: Enhancing Due Process in Tax Foreclosure Procedures Introduction Karkoukli's, Inc. v. Dohany, Oakland County Treasurer, and Waterford Township (409 F.3d 279) is a...

Good Faith Exception Refused Where Affidavit Lacks Probative Nexus in Sixth Circuit

Date: May 18, 2005

Good Faith Exception Refused Where Affidavit Lacks Probative Nexus in Sixth Circuit Introduction The case of United States of America v. James Howard Laughton, adjudicated by the United States Court...

Exhaustion of Administrative Remedies in ERISA Fiduciary Duty Claims: Hill v. Blue Cross and Blue Shield of Michigan

Date: May 14, 2005

Exhaustion of Administrative Remedies in ERISA Fiduciary Duty Claims: Hill v. Blue Cross and Blue Shield of Michigan Introduction The case of John L. Hill, et al. v. Blue Cross and Blue Shield of...

Admission of Dismissed Defendant's Negligence in Comparative Fault Cases: Insights from McDonald v. Petree and Hudspeth

Date: May 14, 2005

Admission of Dismissed Defendant's Negligence in Comparative Fault Cases: Insights from McDonald v. Petree and Hudspeth Introduction The case of Frances McDonald and Joy McDonald v. Nancy Petree and...

Strict Procedural Compliance Reinforced in Tucker v. UNITE: Implications for Promissory Estoppel Claims at Summary Judgment

Date: May 11, 2005

Strict Procedural Compliance Reinforced in Tucker v. UNITE: Implications for Promissory Estoppel Claims at Summary Judgment Introduction Tucker v. Union of Needletrades, Industrial, and Textile...

Sixth Circuit Establishes Rigorous Standards for Asylum Eligibility in Gilaj Case

Date: May 10, 2005

Sixth Circuit Establishes Rigorous Standards for Asylum Eligibility in Gilaj v. Gonzales Introduction The landmark case of Luce Gilaj and Luigj Gilaj v. Alberto Gonzales (408 F.3d 275) adjudicated by...

Qualified Immunity and the Use of Deadly Force: Insights from Christopher Sample v. Jason Bailey

Date: May 10, 2005

Qualified Immunity and the Use of Deadly Force: Insights from Christopher Sample v. Jason Bailey Introduction The case of Christopher Sample v. Jason Bailey represents a significant judicial...

Reversing Dismissals: Enhancing Class Action Protections under Rule 23(e)

Date: May 6, 2005

Reversing Dismissals: Enhancing Class Action Protections under Rule 23(e) Introduction The case of John Doe et al. v. Lexington-Fayette Urban County Government (407 F.3d 755) represents a pivotal...

Pugh v. United States: Strengthening the Confrontation Clause in Criminal Convictions

Date: May 4, 2005

Pugh v. United States: Strengthening the Confrontation Clause in Criminal Convictions Introduction In United States v. Walter Meade Pugh, Jr. and Tyreese Pugh (405 F.3d 390), the United States Court...

Procedural Default and Brady Violations in Federal Habeas Corpus: Harbison v. Bell

Date: Apr 30, 2005

Procedural Default and Brady Violations in Federal Habeas Corpus: Harbison v. Bell Introduction In the landmark case of Edward Jerome Harbison v. Ricky Bell, decided by the United States Court of...

Reopening Deportation Proceedings: Insights from Akhtar v. Gonzales

Date: Apr 30, 2005

Reopening Deportation Proceedings: Insights from Akhtar v. Gonzales Introduction The case of Syed Kashif Akhtar v. Alberto Gonzales, decided by the United States Court of Appeals for the Sixth...

Eyewitness Identification Reliability under AEDPA: Howard v. Bouchard

Date: Apr 29, 2005

Eyewitness Identification Reliability under AEDPA: Howard v. Bouchard Introduction The case of Frank Howard v. Barbara Bouchard, Warden, decided by the United States Court of Appeals for the Sixth...

Deliberate Indifference to Detainee’s Medical Needs: Garretson v. City of Madison Heights

Date: Apr 28, 2005

Deliberate Indifference to Detainee’s Medical Needs: Garretson v. City of Madison Heights Introduction Garretson v. City of Madison Heights, 407 F.3d 789, is a pivotal case adjudicated by the United...

Sixth Circuit Establishes Total Exhaustion Requirement for §1983 Claims Under PLRA

Date: Apr 28, 2005

Sixth Circuit Establishes Total Exhaustion Requirement for §1983 Claims Under PLRA Introduction In the case of Lamar William Jones Bey v. Kelly Johnson and Wayne Trierweiler, the United States Court...

Saroli v. Automation Modular Components: Establishing Key Precedents in FMLA and Civil Rights Discrimination

Date: Apr 27, 2005

Saroli v. Automation Modular Components: Establishing Key Precedents in FMLA and Civil Rights Discrimination Introduction The case of Marria Saroli and Richard Saroli v. Automation Modular...

Reasonable Suspicion and Consent in Terry Stops: United States v. Hudson

Date: Apr 23, 2005

Reasonable Suspicion and Consent in Terry Stops: United States v. Hudson Introduction United States of America v. Scotty Lee Hudson, 405 F.3d 425 (6th Cir. 2005) is a pivotal case that explores the...

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