6th Circuit Case Commentaries

Randleman v. Fidelity National Title Insurance Co.: Class Certification Denied

Date: May 17, 2011

Randleman v. Fidelity National Title Insurance Co.: Class Certification Denied Introduction Randleman v. Fidelity National Title Insurance Co. is a pivotal case decided by the United States Court of...

Strict Adherence to Daubert Standards in Toxic Tort Litigation: Pluck v. BP Oil Pipeline Company

Date: May 13, 2011

Strict Adherence to Daubert Standards in Toxic Tort Litigation: Pluck v. BP Oil Pipeline Company Introduction Case: Sue Pluck and Ray Pluck v. BP Oil Pipeline Company Court: United States Court of...

Re-Characterizing Pro Se Complaints: Insights from Young Bok Song v. Brett M. Gipson

Date: May 13, 2011

Re-Characterizing Pro Se Complaints: Insights from Young Bok Song v. Brett M. Gipson Introduction The case of Young Bok Song v. Brett M. Gipson addresses the intricate boundaries between civil rights...

Establishing Precedent for Upward Departures in Supervised Release Revocations: United States v. Johnson

Date: May 12, 2011

Establishing Precedent for Upward Departures in Supervised Release Revocations: United States v. Johnson Introduction The case of United States of America v. James Johnson, 640 F.3d 195 (6th Cir....

Physical Presence at Sentencing Mandated by Fed. R. Crim. P. 43(a): Insights from United States v. Marshall Williams

Date: May 12, 2011

Physical Presence at Sentencing Mandated by Federal Rule of Criminal Procedure 43(a): Insights from United States v. Marshall Williams Introduction United States v. Marshall Williams, 641 F.3d 758...

Procedural Default and Legal Sufficiency of Guilty Plea: Insights from Vanwinkle v. United States

Date: May 12, 2011

Procedural Default and Legal Sufficiency of Guilty Plea: Insights from Vanwinkle v. United States Introduction In the case of Arthur Vanwinkle v. United States of America, adjudicated by the United...

Sixth Circuit Upholds Scope of Consent Searches: Extending to Electronic Devices in Residential Investigations

Date: May 12, 2011

Sixth Circuit Upholds Scope of Consent Searches: Extending to Electronic Devices in Residential Investigations Introduction In United States of America v. Alexander Lucas, 640 F.3d 168 (6th Cir....

Failure-to-Train Liability Under 42 U.S.C. § 1983: Insights from Harvey v. Campbell County

Date: May 11, 2011

Failure-to-Train Liability Under 42 U.S.C. § 1983: Insights from Harvey v. Campbell County Introduction Harvey v. Campbell County is a pivotal case decided by the United States Court of Appeals for...

United States v. Galaviz: Interpretation of Fourth Amendment Exceptions and Sentencing Guidelines in Criminal History Calculation

Date: May 7, 2011

United States v. Galaviz: Interpretation of Fourth Amendment Exceptions and Sentencing Guidelines in Criminal History Calculation Introduction United States v. Jose Galaviz is a pivotal case decided...

Rational Basis Review Upholds Kentucky's Presumptive Abandonment Period for Traveler's Checks

Date: May 6, 2011

Rational Basis Review Upholds Kentucky's Presumptive Abandonment Period for Traveler's Checks Introduction The case of American Express Travel Related Services Company, Inc. v. Commonwealth of...

Application of Mootness Doctrine in Disability Accommodation: Fialka-Feldman v. Oakland University

Date: May 5, 2011

Application of Mootness Doctrine in Disability Accommodation: Fialka-Feldman v. Oakland University Introduction The case of Micah Fialka-Feldman v. Oakland University Board of Trustees revolves...

ERISA Plan Language Precludes Consideration of External Claims: Farhner v. United Transportation Union (6th Cir. 2011)

Date: May 4, 2011

ERISA Plan Language Precludes Consideration of External Claims: Farhner v. United Transportation Union Discipline Income Protection Program (6th Cir. 2011) Introduction In Mark Farhner v. United...

Procedural Default in Habeas Corpus: Application of Ohio Rule 5(A) in Stone v. Moore

Date: Apr 30, 2011

Procedural Default in Habeas Corpus: Application of Ohio Rule 5(A) in Stone v. Moore Introduction In the case of Jackie Stone v. Ernie Moore, 644 F.3d 342 (6th Cir. 2011), the United States Court of...

Ineffective Assistance of Counsel and Habeas Corpus: BRAY v. ANDREWS (6th Cir. 2011)

Date: Apr 27, 2011

Ineffective Assistance of Counsel and Habeas Corpus: BRAY v. ANDREWS (6th Cir. 2011) Introduction Court: United States Court of Appeals, Sixth Circuit Date: April 26, 2011 Sabrina Bray was convicted...

Khozhaynova v. Holder: Establishing Jurisdictional Boundaries for Timely Asylum Applications

Date: Apr 21, 2011

Khozhaynova v. Holder: Establishing Jurisdictional Boundaries for Timely Asylum Applications Introduction The case of Valentia Sergeiyevna Khozhaynova and Alexander Khozhaynova v. Eric H. Holder,...

Braswell v. Corrections Corporation of America: Defining Availability of Administrative Remedies and Corporate Policies in §1983 Eighth Amendment Claims

Date: Apr 16, 2011

Braswell v. Corrections Corporation of America: Defining Availability of Administrative Remedies and Corporate Policies in §1983 Eighth Amendment Claims Introduction Braswell v. Corrections...

Reynolds-Bey v. Harris-Spicer: Clarifying PLRA Exhaustion and Judicial Immunity in Prisoner Retaliation Claims

Date: Apr 14, 2011

Reynolds-Bey v. Harris-Spicer: Clarifying PLRA Exhaustion and Judicial Immunity in Prisoner Retaliation Claims Introduction Reynolds-Bey v. Harris-Spicer, 428 F. App'x 493 (6th Cir. 2011), is a...

Affirmation of Accessory After the Fact and Misprision Convictions in United States v. Boyd

Date: Apr 8, 2011

Affirmation of Accessory After the Fact and Misprision Convictions in United States v. Boyd Introduction The case of United States of America v. Eric Dewayne Boyd, 640 F.3d 657 (6th Cir. 2011),...

Reversing the Favorable Termination Rule: Taylor v. Lantagne and Its Implications on §1983 Retaliation Claims

Date: Apr 6, 2011

Reversing the Favorable Termination Rule: Taylor v. Lantagne and Its Implications on §1983 Retaliation Claims Introduction The case of Ricky A. Taylor v. C. Lantagne addresses pivotal issues...

Reynolds v. Commissioner of Social Security: Mandating Comprehensive Impairment Analysis in Disability Determinations

Date: Apr 2, 2011

Reynolds v. Commissioner of Social Security: Mandating Comprehensive Impairment Analysis in Disability Determinations Introduction In the case of Maryanne Reynolds v. Commissioner of Social Security,...