6th Circuit Case Commentaries

Revisiting 'Accident' Definitions in ERISA Personal Accident Insurance: Insights from Jones v. Metropolitan Life Insurance Co.

Date: Sep 30, 2004

Revisiting 'Accident' Definitions in ERISA Personal Accident Insurance: Insights from Jones v. Metropolitan Life Insurance Co. Introduction Jones v. Metropolitan Life Insurance Company is a seminal...

Affirmation of Qualified Immunity in Reverse Discrimination Claims: Leadbetter v. Gilley

Date: Sep 30, 2004

Affirmation of Qualified Immunity in Reverse Discrimination Claims: Leadbetter v. Gilley Introduction In the landmark case of Ronald C. Leadbetter v. J. Wade Gilley, 385 F.3d 683 (6th Cir. 2004), the...

Limitation on Extending Traffic Stops: Reasonable Suspicion Must Be Articulable

Date: Sep 25, 2004

Limitation on Extending Traffic Stops: Reasonable Suspicion Must Be Articulable Introduction United States v. Richardson, 385 F.3d 625 (6th Cir. 2004), is a pivotal case addressing the boundaries of...

Reversal of Habeas Corpus Denial in Miller v. Webb: Establishing the Right to Challenge Biased Jurors

Date: Sep 23, 2004

Reversal of Habeas Corpus Denial in Miller v. Webb: Establishing the Right to Challenge Biased Jurors Introduction The case of Kenny Roy Miller v. Patti Webb, Warden, adjudicated by the United States...

Reversal of Preliminary Injunctions in Declaratory Judgment Actions Amid Procedural Fencing

Date: Sep 22, 2004

Reversal of Preliminary Injunctions in Declaratory Judgment Actions Amid Procedural Fencing Introduction In the case of AmSouth Bank (03-5517); First Tennessee Bank (03-5521) v. George Dale et al.,...

Clarifying Restoration Timing Under FMLA: Hoge v. Honda of America Manufacturing, Inc.

Date: Sep 17, 2004

Clarifying Restoration Timing Under FMLA: Hoge v. Honda of America Manufacturing, Inc. Introduction The case of Lori Hoge v. Honda of America Manufacturing, Inc., adjudicated by the United States...

Stromback v. New Line Cinema: Reinforcing Federal Preemption in Copyright Infringement

Date: Sep 15, 2004

Stromback v. New Line Cinema: Reinforcing Federal Preemption in Copyright Infringement Introduction In the landmark case Douglas Alan Stromback v. New Line Cinema, the United States Court of Appeals...

Judicial-Proceeding Privilege Affirmed in Heavrin v. Boeing: Establishing Boundaries for Civil Actions

Date: Sep 14, 2004

Judicial-Proceeding Privilege Affirmed in Heavrin v. Boeing: Establishing Boundaries for Civil Actions Introduction In the landmark case of Donald Heavrin v. Da, 384 F.3d 199 (6th Cir. 2004), the...

Wagner v. United States: Expanded Interpretation of 'Concealment' Under 18 U.S.C. § 152(1)

Date: Sep 14, 2004

Wagner v. United States: Expanded Interpretation of ‘Concealment’ Under 18 U.S.C. § 152(1) Introduction In the landmark case of United States of America v. Harry Herbert Wagner, Jr., the United...

Exhaustion of Administrative Remedies in Prison Litigation: Sixth Circuit's Decision in Boyd et al. v. Corrections Corporation of America

Date: Sep 9, 2004

Exhaustion of Administrative Remedies in Prison Litigation: Sixth Circuit's Decision in Boyd et al. v. Corrections Corporation of America Introduction The case of LOUIS BOYD; SAMMIE EVERETT,...

Overruling Zahn: Supplemental Jurisdiction and Class Actions in Environmental Pollution Cases

Date: Sep 8, 2004

Overruling Zahn: Supplemental Jurisdiction and Class Actions in Environmental Pollution Cases Introduction In Olden v. Lafarge Corp., 383 F.3d 495 (6th Cir. 2004), the United States Court of Appeals...

Fraudulent Misrepresentation in Software Contracts: American Trim v. Oracle

Date: Sep 2, 2004

Fraudulent Misrepresentation in Software Contracts: American Trim v. Oracle Introduction The case of American Trim, LLC v. Oracle Corporation, decided by the United States Court of Appeals for the...

Broad Arbitration Clauses Encompass Statutory Impositions: MASCO Corp. v. Zurich Am. Ins. Co. Commentary

Date: Sep 1, 2004

Broad Arbitration Clauses Encompass Statutory Impositions: MASCO Corp. v. Zurich Am. Ins. Co. Introduction In MASCO CORPORATION v. ZURICH AMERICAN INSURANCE COMPANY, 382 F.3d 624 (6th Cir. 2004), the...

Lynch v. Leis: Standing and Attorney's Fees in 42 U.S.C. § 1983 Claims

Date: Sep 1, 2004

Lynch v. Leis: Standing and Attorney's Fees in 42 U.S.C. § 1983 Claims Introduction Lynch v. Leis, Jr. is a pivotal case decided by the United States Court of Appeals for the Sixth Circuit on August...

Enforcement of Fifth Amendment Rights in Custodial Interrogations: The ABELA v. MARTIN Decision

Date: Aug 28, 2004

Enforcement of Fifth Amendment Rights in Custodial Interrogations: The ABELA v. MARTIN Decision Introduction The case of Kevin Mark Abela v. William Martin, decided by the United States Court of...

Eleventh Amendment Immunity in Federal Takings Claims: DLX, Inc. v. Commonwealth of Kentucky

Date: Aug 27, 2004

Eleventh Amendment Immunity in Federal Takings Claims: DLX, Inc. v. Commonwealth of Kentucky Introduction The case of DLX, Inc. v. Commonwealth of Kentucky (381 F.3d 511) was adjudicated by the...

Accessibility Requirements for Common Areas Under the Fair Housing Act: Analysis of United States v. Edward Rose Sons et al.

Date: Aug 26, 2004

Accessibility Requirements for Common Areas Under the Fair Housing Act: Analysis of United States v. Edward Rose Sons et al. Introduction United States of America v. Edward Rose Sons et al. is a...

Affirmation of Dismissal Standards Under the Private Securities Litigation Reform Act: In Re Ford Motor Company Securities Litigation

Date: Aug 24, 2004

Affirmation of Dismissal Standards Under the Private Securities Litigation Reform Act: In Re Ford Motor Company Securities Litigation Introduction The case of In Re: Ford Motor Company Securities...

Reclassification of Employee Exempt Status Under FLSA: Martin v. American Electric Power

Date: Aug 24, 2004

Reclassification of Employee Exempt Status Under FLSA: Martin v. American Electric Power Introduction In the landmark case Anthony Martin v. Indiana Michigan Power Company d/b/a American Electric...

Good-Faith Exception Affirmed in U.S. v. Washington & Brown

Date: Aug 24, 2004

Good-Faith Exception Affirmed in United States v. Washington & Brown Introduction United States of America v. Dennis Washington and Ebony Brown (380 F.3d 236) is a pivotal case decided by the United...

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