6th Circuit Case Commentaries

Reaffirmation of SSR 96-5p Recontact Obligations in Disability Claims: The Ferguson v. Commissioner Decision

Date: Dec 24, 2010

Reaffirmation of SSR 96-5p Recontact Obligations in Disability Claims: The Ferguson v. Commissioner Decision Introduction The case of Cathy D. Ferguson v. Commissioner of Social Security addresses...

Limits of Sixth Amendment Counsel Rights in Penalty Phase Testimony: Sanborn v. Parker

Date: Dec 22, 2010

Limits of Sixth Amendment Counsel Rights in Penalty Phase Testimony: Sanborn v. Parker Introduction In the landmark decision of Parramore L. Sanborn v. Phil Parker, 629 F.3d 554 (6th Cir. 2010), the...

Protected Political Association in Employment: Eckerman v. Tennessee Department of Safety

Date: Dec 21, 2010

Protected Political Association in Employment: Eckerman v. Tennessee Department of Safety Introduction The case of Robert Eckerman v. Tennessee Department of Safety addresses critical issues...

Sovereign Immunity Affirmed for State Judicial Bodies in Pucci v. Nineteenth District Court

Date: Dec 17, 2010

Sovereign Immunity Affirmed for State Judicial Bodies in Pucci v. Nineteenth District Court Introduction In the landmark case Julie Pucci v. Nineteenth District Court, for the City of Dearborn; Chief...

Clarifying Removal Jurisdiction and Attorney's Fees under 28 U.S.C. § 1447(c): Sixth Circuit's Ruling in OHIO EX REL. SKAGGS v. BRUNNER

Date: Dec 17, 2010

Clarifying Removal Jurisdiction and Attorney's Fees under 28 U.S.C. § 1447(c): Sixth Circuit's Ruling in OHIO EX REL. SKAGGS v. BRUNNER Introduction The judicial landscape surrounding the removal of...

Affirmation of Collateral Estoppel and Res Judicata in Foreclosure Litigation: Kalos v. Greenwich Insurance

Date: Dec 15, 2010

Affirmation of Collateral Estoppel and Res Judicata in Foreclosure Litigation: Kalos v. Greenwich Insurance Introduction In the appellate case of Kalos v. Greenwich Insurance Company, the United...

Admissibility of Lay Witness Testimony in Alleged Jewelry Alteration: Harris v. J.B. Robinson Jewelers

Date: Dec 9, 2010

Admissibility of Lay Witness Testimony in Alleged Jewelry Alteration: Harris v. J.B. Robinson Jewelers Introduction Harris v. J.B. Robinson Jewelers, 627 F.3d 235 (6th Cir. 2010), addresses the...

Defining 'Otherwise Qualified' under the ADA: Insights from Jakubowski v. Christ Hospital

Date: Dec 9, 2010

Defining 'Otherwise Qualified' under the ADA: Insights from Jakubowski v. Christ Hospital Introduction Jakubowski v. Christ Hospital, Inc., 627 F.3d 195 (6th Cir. 2010) is a pivotal case that...

Affirming Sentencing Discretion and Speedy Trial Considerations in United States v. Stewart

Date: Dec 7, 2010

Affirming Sentencing Discretion and Speedy Trial Considerations in United States v. Stewart Introduction In United States of America v. James W. Stewart, the United States Court of Appeals for the...

Affirmation of Dismissal for Failure to State Cognizable Due Process Claim in Prison Litigation

Date: Nov 25, 2010

Affirmation of Dismissal for Failure to State Cognizable Due Process Claim in Prison Litigation Introduction The case of Blake Joseph v. Curtin et al. presents a critical examination of the relief...

Redefining "Crime of Violence" in Sentencing Guidelines: Insights from United States v. Gibbs

Date: Nov 25, 2010

Redefining "Crime of Violence" in Sentencing Guidelines: Insights from United States v. Gibbs Introduction United States v. Timothy Allen Gibbs, 626 F.3d 344 (6th Cir. 2010), is a pivotal case in the...

Reaffirmation of Brady Materiality Standards in Capital Cases: Insights from Brookes v. State of Tennessee

Date: Nov 24, 2010

Reaffirmation of Brady Materiality Standards in Capital Cases: Insights from Brooks v. State of Tennessee Introduction The case of Donald Gene Brooks v. State of Tennessee (626 F.3d 878) adjudicated...

Clarifying the Limits of Forfeiture by Wrongdoing in Confrontation Clause Applications: United States v. Henderson

Date: Nov 20, 2010

Clarifying the Limits of Forfeiture by Wrongdoing in Confrontation Clause Applications: United States v. Henderson Introduction In United States v. Thomas A. Henderson, 626 F.3d 326 (6th Cir. 2010),...

Affirmation of Summary Judgment in FMLA Retaliation and Age Discrimination Claims: Grubb v. YSK Corporation

Date: Nov 19, 2010

Affirmation of Summary Judgment in FMLA Retaliation and Age Discrimination Claims: Grubb v. YSK Corporation Introduction In the landmark case of Wayne Edward Grubb v. YSK Corporation, decided on...

Establishing the Weight of Medical Opinions in Social Security Disability Claims: Payne v. Commissioner of Social Security

Date: Nov 19, 2010

Establishing the Weight of Medical Opinions in Social Security Disability Claims: Payne v. Commissioner of Social Security Introduction LaShawna Payne v. Commissioner of Social Security is a pivotal...

Affirming School Dress Code Restrictions on Racially Divisive Symbols: Tom Defoe v. Sid Spiva

Date: Nov 19, 2010

Affirming School Dress Code Restrictions on Racially Divisive Symbols: Tom Defoe v. Sid Spiva Introduction The case of Tom Defoe, a minor by and through his parent and guardian Phil Defoe; Phil...

Schwalm v. Guardian Life Insurance: Establishing Rigorous Standards for Disability Determination under ERISA

Date: Nov 18, 2010

Schwalm v. Guardian Life Insurance: Establishing Rigorous Standards for Disability Determination under ERISA Introduction The case of John Schwalm v. Guardian Life Insurance Company of America,...

Equitable Tolling in Habeas Corpus Petitions: Robertson v. Simpson Analysis

Date: Nov 13, 2010

Equitable Tolling in Habeas Corpus Petitions: Robertson v. Simpson (624 F.3d 781) Introduction Robertson v. Simpson is a pivotal case decided by the United States Court of Appeals for the Sixth...

Sykes v. Anderson: Affirming False Arrest and Malicious Prosecution Claims under 42 U.S.C. §1983

Date: Nov 10, 2010

Sykes v. Anderson: Affirming False Arrest and Malicious Prosecution Claims under 42 U.S.C. §1983 Introduction Sykes and Urquhart v. Anderson et al. is a significant appellate decision from the United...

Supplemental Jurisdiction and Forum Manipulation: Insights from Gamel v. City of Cincinnati

Date: Nov 9, 2010

Supplemental Jurisdiction and Forum Manipulation: Insights from Gamel v. City of Cincinnati Introduction Gamel v. City of Cincinnati is a pivotal case adjudicated by the United States Court of...