6th Circuit Case Commentaries

Affirmation of Strickland Standard in Cumulative Ineffective Assistance Claims: Millender v. Adams

Date: Jul 16, 2004

Affirmation of Strickland Standard in Cumulative Ineffective Assistance Claims: Millender v. Adams Introduction The case of Trenton Millender v. Stanley Adams (376 F.3d 520, 6th Cir. 2004) represents...

Denial of Reasonable Accommodations Constitutes Constructive Discharge Under the Rehabilitation Act: Sixth Circuit

Date: Jul 16, 2004

Denial of Reasonable Accommodations Constitutes Constructive Discharge Under the Rehabilitation Act: Sixth Circuit Introduction In the case of Mary Christine Smith v. William J. Henderson, Postmaster...

Enhanced Due Process Standards for Public Employees Under 42 U.S.C. §1983: Insights from Mitchell v. Fankhauser

Date: Jul 15, 2004

Enhanced Due Process Standards for Public Employees Under 42 U.S.C. §1983: Insights from Mitchell v. Fankhauser Introduction Mitchell v. Fankhauser is a pivotal case decided by the United States...

Revisiting Attorney Fee Eligibility Under the Equal Access to Justice Act: Howard v. Barnhart

Date: Jul 13, 2004

Revisiting Attorney Fee Eligibility Under the Equal Access to Justice Act: Howard v. Barnhart Introduction The case of Jimmie L. Howard, Plaintiff-Appellant, v. Jo Anne B. Barnhart, Commissioner of...

Affirmation of Summary Judgment in Knox v. Neaton Auto Products Manufacturing: Implications for Gender Discrimination and Workplace Harassment Claims

Date: Jul 10, 2004

Affirmation of Summary Judgment in Knox v. Neaton Auto Products Manufacturing: Implications for Gender Discrimination and Workplace Harassment Claims Introduction The case of Jayne Knox,...

Clinkscale v. Carter: Reinforcing the Requirement for Timely Alibi Notifications Under the Sixth Amendment

Date: Jul 9, 2004

Clinkscale v. Carter: Reinforcing the Requirement for Timely Alibi Notifications Under the Sixth Amendment Introduction Clinkscale v. Carter is a pivotal case decided by the United States Court of...

Residual Functional Capacity and Credibility Determinations in Disability Claims: The Warner v. Commissioner of Social Security Judgment

Date: Jul 9, 2004

Residual Functional Capacity and Credibility Determinations in Disability Claims: The Warner v. Commissioner of Social Security Judgment Introduction In the landmark case of Gary Warner v....

Procedural Default Standards in Ineffective Assistance Claims: Hargrave-Thomas v. Yukins

Date: Jul 7, 2004

Procedural Default Standards in Ineffective Assistance Claims: Hargrave-Thomas v. Yukins Introduction Hargrave-Thomas v. Yukins, 374 F.3d 383 (6th Cir. 2004) is a pivotal case in the realm of federal...

Affirmation of Summary Judgment in AutoZone v. Tandy: No Likelihood of Confusion or Dilution Found in Disparate Retail Trademarks

Date: Jun 30, 2004

Affirmation of Summary Judgment in AutoZone v. Tandy: No Likelihood of Confusion or Dilution Found in Disparate Retail Trademarks Introduction The case of AutoZone, Inc. and Speedbar, Inc. v. Tandy...

Limits on Declaratory Judgment Jurisdiction in Insurance Indemnity Cases: Insights from BITUMINOUS CASUALTY CORP. v. J L Lumber Co.

Date: Jun 30, 2004

Limits on Declaratory Judgment Jurisdiction in Insurance Indemnity Cases: Insights from Bituminous Casualty Corporation v. J L Lumber Company, Inc. Introduction Bituminous Casualty Corporation v. J L...

Reaffirming the Standards for Knowing and Intelligent Jury Waivers in Capital Cases: Sowell v. Bradshaw

Date: Jun 24, 2004

Reaffirming the Standards for Knowing and Intelligent Jury Waivers in Capital Cases: Sowell v. Bradshaw Introduction Billy Joe Sowell appealed his death sentence in the case of Sowell v. Bradshaw,...

Hillcrest Training School Denied Sovereign Immunity: A Comprehensive Legal Analysis

Date: Jun 23, 2004

Hillcrest Training School Denied Sovereign Immunity: A Comprehensive Legal Analysis Introduction S.J., a former resident of Hillcrest Training School, filed a lawsuit against Hamilton County, Ohio,...

Geier v. Sundquist: Reevaluating Lodestar and Johnson Factors in 42 U.S.C. §1988 Attorney Fee Determinations

Date: Jun 19, 2004

Geier v. Sundquist: Reevaluating Lodestar and Johnson Factors in 42 U.S.C. §1988 Attorney Fee Determinations Introduction The case of Geier v. Sundquist, adjudicated by the United States Court of...

Strict Enforcement of Statute of Limitations in Copyright Infringement: Bridgeport Music, Inc. v. Diamond Time, Ltd.

Date: Jun 19, 2004

Strict Enforcement of Statute of Limitations in Copyright Infringement: Bridgeport Music, Inc. v. Diamond Time, Ltd. Introduction In the landmark case Bridgeport Music, Inc.; Westbound Records, Inc.,...

Procedural Safeguards for Government Objections in Sentencing Departures: United States v. Bostic

Date: Jun 18, 2004

Procedural Safeguards for Government Objections in Sentencing Departures: United States v. Bostic Introduction United States of America, Plaintiff-Appellant, v. Henry A. Bostic, Defendant-Appellee...

Glancy v. Taubman Centers: Indispensable Party Doctrine Reinforced in Shareholder Litigation

Date: Jun 17, 2004

Glancy v. Taubman Centers: Indispensable Party Doctrine Reinforced in Shareholder Litigation Introduction The case of Lionel Z. Glancy v. Taubman Centers, Inc. examines the application of the Federal...

Affirmation of Stalking and Harassment Convictions: United States v. Bowker

Date: Jun 12, 2004

Affirmation of Stalking and Harassment Convictions: United States v. Bowker Introduction In United States v. Erik Bowker (372 F.3d 365), the United States Court of Appeals for the Sixth Circuit...

Affirmation of Denial of Habeas Corpus: Ralph Baze, Jr. v. Philip Parker

Date: Jun 10, 2004

Affirmation of Denial of Habeas Corpus: Ralph Baze, Jr. v. Philip Parker Introduction In the landmark case of Ralph Stephens Baze, Jr. v. Philip Parker, decided on June 9, 2004, by the United States...

Establishment Clause Reinforced: Rhea County School Board's Religious Instruction Program Invalidated

Date: Jun 8, 2004

Establishment Clause Reinforced: Rhea County School Board's Religious Instruction Program Invalidated Introduction In the landmark case of Doe v. Porter, the United States Court of Appeals for the...

Affirmation of Probable Cause and Due Process Standards for School Officials in Juvenile Arrests: Williams v. Cambridge Board of Education

Date: Jun 5, 2004

Affirmation of Probable Cause and Due Process Standards for School Officials in Juvenile Arrests: Williams v. Cambridge Board of Education Introduction In the wake of the tragic Columbine High School...

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