6th Circuit Case Commentaries

Comprehensive Commentary on Donald Norman v. Michael J. Astrue

Date: Mar 2, 2010

Ensuring Comprehensive Evaluation of Obesity in Social Security Disability Claims: Insights from Donald Norman v. Michael J. Astrue Introduction In the landmark case Donald Norman v. Michael J....

Revisiting THE OREGON Rule: Comparative Negligence in Admiralty Law

Date: Feb 26, 2010

Revisiting THE OREGON Rule: Comparative Negligence in Admiralty Law Introduction In the case of Bessemer Lake Erie Railroad Company and the Pittsburgh and Conneaut Dock Company v. Seaway Marine...

Establishing the Significance of Residual Functional Capacity in SSI and DIB Claims: Wright-Hines v. Commissioner of Social Security

Date: Feb 24, 2010

Establishing the Significance of Residual Functional Capacity in SSI and DIB Claims: Wright-Hines v. Commissioner of Social Security Introduction The case of Angela Wright-Hines v. Commissioner of...

Miranda Rights and Harmless Error: Ke v. Tolliver Establishes Legal Precedent in Admissibility of Statements

Date: Feb 23, 2010

Miranda Rights and Harmless Error: Ke v. Tolliver Establishes Legal Precedent in Admissibility of Statements Introduction In the landmark case of Ke v. Tolliver, the United States Court of Appeals...

Affirmation of Drug-Related Premises Maintenance under 21 U.S.C. §856(a)(1): Analysis of United States v. Lord Shawn Russell

Date: Feb 20, 2010

Affirmation of Drug-Related Premises Maintenance under 21 U.S.C. §856(a)(1): Analysis of United States v. Lord Shawn Russell Introduction In the case of United States of America v. Lord Shawn...

Affirming Aiding and Abetting Liability: Malice and Sufficiency of Evidence in Stewart v. Wolfenbarger

Date: Feb 20, 2010

Affirming Aiding and Abetting Liability: Malice and Sufficiency of Evidence in Stewart v. Wolfenbarger Introduction Stewart v. Wolfenbarger (595 F.3d 647, 6th Cir. 2010) is a significant appellate...

Enhanced Scrutiny of Ex Post Facto Claims in Parole Law Reforms

Date: Feb 19, 2010

Enhanced Scrutiny of Ex Post Facto Claims in Parole Law Reforms Introduction The case of Kenneth Foster, et al. v. Sharee Booker, et al., decided by the United States Court of Appeals for the Sixth...

Rule 55(c) Prevails Over Supplemental Rule G in Civil Forfeiture: Sixth Circuit Establishes New Precedent

Date: Feb 17, 2010

Rule 55(c) Prevails Over Supplemental Rule G in Civil Forfeiture: Sixth Circuit Establishes New Precedent Comprehensive Commentary on UNITED STATES of America v. James Christopher Rowland, 595 F.3d...

Establishing Reasonable Suspicion and Seizure Parameters under the Fourth Amendment: U.S. v. Smith (6th Cir. 2010)

Date: Feb 11, 2010

Establishing Reasonable Suspicion and Seizure Parameters under the Fourth Amendment: U.S. v. Smith (6th Cir. 2010) Introduction The case of United States of America v. Reginald Smith, decided by the...

Establishing Discretionary Limits for Sentence Reduction under §3582(c)(2) Following Crack Cocaine Guideline Amendments

Date: Feb 11, 2010

Establishing Discretionary Limits for Sentence Reduction under §3582(c)(2) Following Crack Cocaine Guideline Amendments Introduction The case of United States of America v. Eric Curry, adjudicated by...

Sixth Circuit Reverses FMLA Violation Claim in Coaching Supplement Case, Affirms Summary Judgment on Discrimination Claims

Date: Feb 6, 2010

Sixth Circuit Reverses FMLA Violation Claim in Coaching Supplement Case, Affirms Summary Judgment on Discrimination Claims Introduction In the case of Milton Harris v. Metropolitan Government of...

Refining Vocational Expert Hypotheticals in Disability Determinations: Insights from Ealy v. Commissioner

Date: Feb 6, 2010

Refining Vocational Expert Hypotheticals in Disability Determinations: Insights from Ealy v. Commissioner Introduction The case of Jimmy Dearl Ealy versus the Commissioner of Social Security (594...

Probable Cause Established by Fresh Affidavit Information: Analysis of United States v. Brooks

Date: Feb 6, 2010

Probable Cause Established by Fresh Affidavit Information: Analysis of United States v. Brooks Introduction In United States v. Brooks, 594 F.3d 488 (6th Cir. 2010), the United States Court of...

Constructive Knowledge in Ohio Slip-and-Fall Cases: Sixth Circuit Upholds Summary Judgment

Date: Feb 4, 2010

Constructive Knowledge in Ohio Slip-and-Fall Cases: Sixth Circuit Upholds Summary Judgment Introduction In the case of Patricia Dowling and Curtis Dowling v. The Cleveland Clinic Foundation (593 F.3d...

Establishing 'Additional Evidence' in ADEA Workforce Reductions: Schoonmaker v. Spartan Graphics Leasing LLC

Date: Feb 4, 2010

Establishing 'Additional Evidence' in ADEA Workforce Reductions: Schoonmaker v. Spartan Graphics Leasing LLC Introduction In Schoonmaker v. Spartan Graphics Leasing LLC, 595 F.3d 261 (6th Cir. 2010),...

Absolute Prosecutorial Immunity Affirmed in Bivens Action: Koubriti v. Convertino

Date: Feb 4, 2010

Absolute Prosecutorial Immunity Affirmed in Bivens Action: Koubriti v. Convertino Introduction The case of Karim Koubriti v. Richard Convertino, adjudicated by the United States Court of Appeals for...

Retaliation under 42 U.S.C. § 1983: Reinforcing First Amendment Protections – Fritz v. Charter Township of Comstock

Date: Jan 29, 2010

Retaliation under 42 U.S.C. § 1983: Reinforcing First Amendment Protections – Fritz v. Charter Township of Comstock Introduction The case of Sue Fritz v. Charter Township of Comstock addresses the...

Sixth Circuit Clarifies Creditor Obligations under Rule 9011(b) in Proof of Claim Filings

Date: Jan 26, 2010

Sixth Circuit Clarifies Creditor Obligations under Rule 9011(b) in Proof of Claim Filings Introduction The case In re Gerald Wingerter and Janet G. Keller-Wingerter, Debtors. B-Line, LLC vs. Gerald...

Affirmation of Death Sentence: Analysis of Voluntary Intoxication and Lesser-Included Offense Instruction in Ste v. Smith

Date: Jan 20, 2010

Affirmation of Death Sentence: Analysis of Voluntary Intoxication and Lesser-Included Offense Instruction in Ste v. Smith Introduction In Ste v. Smith, the United States Court of Appeals for the...

Substantial Evidence and Party Substitution in Social Security Disability Appeals: Analysis of Cunningham v. Astrue

Date: Jan 6, 2010

Substantial Evidence and Party Substitution in Social Security Disability Appeals: Analysis of Cunningham v. Astrue Introduction Cunningham v. Astrue, 360 F. App'x 606 (6th Cir. 2010), presents a...