6th Circuit Case Commentaries

Establishing Clear Limits on Qualified Immunity in Excessive Force Claims: Kijowski v. City of Niles

Date: Apr 9, 2010

Establishing Clear Limits on Qualified Immunity in Excessive Force Claims: Kijowski v. City of Niles Introduction In the case of Joseph Kijowski v. City of Niles, decided by the United States Court...

RIVERVIEW HEALTH INSTITUTE LLC v. MEDICAL MUTUAL OF OHIO: RICO Claims Reverse Preempted by McCarran-Ferguson Act

Date: Apr 8, 2010

RIVERVIEW HEALTH INSTITUTE LLC v. MEDICAL MUTUAL OF OHIO: RICO Claims Reverse Preempted by McCarran-Ferguson Act Introduction In the case of Riverview Health Institute LLC; Middletown Surgical...

Affirmation of Drug Conspiracy Convictions: Key Insights from United States v. Smith & Garrett

Date: Apr 8, 2010

Affirmation of Drug Conspiracy Convictions: Key Insights from United States v. Smith & Garrett Introduction In the case of United States of America v. Benjamin Henry Smith (08-2345) and Brian Ronell...

Effective Assistance of Appellate Counsel Extended to Allocution Rights: Goff v. Bagley

Date: Apr 7, 2010

Effective Assistance of Appellate Counsel Extended to Allocution Rights: Goff v. Bagley Introduction James R. Goff v. Margaret Bagley, Warden is a significant appellate decision by the United States...

Affirmation of Reasonable Detention Practices During Traffic Stops: West v. United States

Date: Apr 7, 2010

Affirmation of Reasonable Detention Practices During Traffic Stops: West v. United States Introduction West v. United States, 371 F. App'x 625 (6th Cir. 2010), is a pivotal case that examines the...

Affirmation of Fourth Amendment Compliance in Unrelated Questioning During Traffic Stops

Date: Apr 7, 2010

Affirmation of Fourth Amendment Compliance in Unrelated Questioning During Traffic Stops Introduction The case of United States of America v. Harvey Everett III addressed a pivotal Fourth Amendment...

Liberal Interpretation of Pro Se Estate Representation in 42 U.S.C. § 1983 Claims: Garrett v. Belmont County Sheriff's Department

Date: Apr 2, 2010

Liberal Interpretation of Pro Se Estate Representation in 42 U.S.C. § 1983 Claims: Garrett v. Belmont County Sheriff's Department Introduction The case of Jeremy Garrett v. Belmont County Sheriff's...

Exhaustion of State Remedies in Proportionality Claims: Smith v. Morgan Establishes New Precedent

Date: Mar 30, 2010

Exhaustion of State Remedies in Proportionality Claims: Smith v. Morgan Establishes New Precedent Introduction Thomas D. Smith v. Jack Morgan, Warden is a pivotal case decided by the United States...

Reversal of Summary Judgment in Age Discrimination Case: Da v. d MARSICO

Date: Mar 26, 2010

Reversal of Summary Judgment in Age Discrimination Case: Da v. d MARSICO Introduction In Da v. d MARSICO, Plaintiff-Appellant David Marsico challenged the summary judgment granted in favor of...

Procedural Default and Exhaustion of Remedies in Habeas Corpus: Analysis of Da v. Nesser, Jr.

Date: Mar 26, 2010

Procedural Default and Exhaustion of Remedies in Habeas Corpus: Analysis of Da v. Nesser, Jr. Introduction The case of Da v. d A. Nesser, Jr., adjudicated by the United States Court of Appeals for...

Thompson v. Belmont Correctional Institution: Reversing Habeas Relief Due to Ineffective Assistance of Counsel

Date: Mar 19, 2010

Thompson v. Belmont Correctional Institution: Reversing Habeas Relief Due to Ineffective Assistance of Counsel Introduction In the case of Mark Thompson, Jr. v. Warden, Belmont Correctional...

Retention of Jurisdiction in Settlement Agreements: Insights from Moore v. USPS

Date: Mar 18, 2010

Retention of Jurisdiction in Settlement Agreements: Insights from Moore v. USPS 1. Introduction Moore v. United States Postal Service et al., 369 F. App'x 712 (6th Cir. 2010), is a seminal case that...

Indeterminate Sentencing in Michigan Upholds Blakely-Apprendi Standards: Montes v. Trombley

Date: Mar 18, 2010

Indeterminate Sentencing in Michigan Upholds Blakely-Apprendi Standards: Montes v. Trombley Introduction In Oscar Montes v. Jan Trombley, 599 F.3d 490 (6th Cir. 2010), the United States Court of...

Res Judicata Reinforced: Buck v. Thomas M. Cooley Law School

Date: Mar 18, 2010

Res Judicata Reinforced: Buck v. Thomas M. Cooley Law School Introduction In the landmark case Nahzy Buck v. Thomas M. Cooley Law School, 597 F.3d 812 (6th Cir. 2010), the United States Court of...

Affirmation of Aiding and Abetting in Money Laundering: United States v. Bronzino

Date: Mar 17, 2010

Affirmation of Aiding and Abetting in Money Laundering: United States v. Bronzino Introduction United States v. Vincenzo Bronzino, 598 F.3d 276 (6th Cir. 2010), is a pivotal case in the realm of...

Waiver of Joinder and Sentencing Procedures: United States v. Wallace

Date: Mar 17, 2010

Waiver of Joinder and Sentencing Procedures: United States v. Wallace Introduction United States of America v. Barbara J. Wallace, 597 F.3d 794 (6th Cir. 2010), addresses significant legal questions...

Res Judicata and Sovereign Immunity in Employment Discrimination Cases: Analysis of McCoy v. State of Michigan

Date: Mar 13, 2010

Res Judicata and Sovereign Immunity in Employment Discrimination Cases: Analysis of McCoy v. State of Michigan Introduction The case of Freddie McCoy v. State of Michigan presents a significant...

Travelers Property Casualty Co. v. Hillerich Bradsby Co.: Reimbursement Rights Under Reservation of Rights

Date: Mar 13, 2010

Travelers Property Casualty Co. v. Hillerich Bradsby Co.: Reimbursement Rights Under Reservation of Rights Introduction The case of Travelers Property Casualty Company of America, fka The Travelers...

Exigent Circumstances and Excessive Force in Home Arrests: SCHREIBER v. MOE

Date: Mar 5, 2010

Exigent Circumstances and Excessive Force in Home Arrests: SCHREIBER v. MOE Introduction James Warren Schreiber v. Officer William Moe and City of Grand Rapids is a pivotal case adjudicated by the...

Sixth Circuit Affirms Statute of Limitations: No Relation Back for Newly Added Plaintiffs and Discovery Rule Inapplicable

Date: Mar 4, 2010

Sixth Circuit Affirms Statute of Limitations: No Relation Back for Newly Added Plaintiffs and Discovery Rule Inapplicable Introduction In the appellate case William Harris Asher, et al. v. Unarco...