6th Circuit Case Commentaries

Deliberate Indifference and Qualified Immunity in ADA Claims: Insights from Mingus v. Butler

Date: Jan 6, 2010

Deliberate Indifference and Qualified Immunity in ADA Claims: Insights from Mingus v. Butler Introduction Mingus v. Butler, 591 F.3d 474 (6th Cir. 2010), is a pivotal case that examines the interplay...

Affirmation of SSA's Disability Determination Process: Upholding Substantial Evidence and 'Treating Source' Regulations

Date: Dec 23, 2009

Affirmation of SSA's Disability Determination Process: Upholding Substantial Evidence and 'Treating Source' Regulations Introduction The case of Ahmed Hassan Nejat v. Commissioner of Social Security...

Defining 'Like or Similar Accommodations Businesses': 6th Circuit Upholds Exemption for Online Travel Companies from Transient Room Taxes

Date: Dec 23, 2009

Defining 'Like or Similar Accommodations Businesses': 6th Circuit Upholds Exemption for Online Travel Companies from Transient Room Taxes Introduction The case of Louisville/Jefferson County Metro...

Federal Primacy in Enforcing Forum Selection Clauses in Diversity Jurisdiction: Rose Wong v. PartyGaming

Date: Dec 22, 2009

Federal Primacy in Enforcing Forum Selection Clauses in Diversity Jurisdiction: Rose Wong v. PartyGaming Introduction The case Rose Wong and Patrick Gibson v. PartyGaming Ltd.; PartyGaming PLC (589...

Reaffirming AEDPA's Dual Deference in Sufficiency of Evidence Challenges: The White v. Steele Decision

Date: Dec 22, 2009

Reaffirming AEDPA's Dual Deference in Sufficiency of Evidence Challenges: The White v. Steele Decision Introduction The case of Tabatha White v. Jewel Steele serves as a pivotal decision in the realm...

Protective Sweep Limitations in Warrantless Searches: Archibald v. United States

Date: Dec 16, 2009

Protective Sweep Limitations in Warrantless Searches: Archibald v. United States Introduction In United States of America v. Derrick Archibald, 589 F.3d 289 (6th Cir. 2009), the United States Court...

Sixth Circuit Reinforces Qualified Immunity Threshold for Police in Pretrial Detainee Medical Care Cases

Date: Dec 11, 2009

Sixth Circuit Reinforces Qualified Immunity Threshold for Police in Pretrial Detainee Medical Care Cases Introduction In Spears v. Ruth and City of Cleveland, Tennessee, decided on December 10, 2009,...

Enhancing Prisoners’ First Amendment Retaliation Protections: Nali v. Ekman

Date: Dec 10, 2009

Enhancing Prisoners’ First Amendment Retaliation Protections: Nali v. Ekman Introduction Frank Nali v. J. Ekman, et al. is a significant case adjudicated by the United States Court of Appeals for the...

Holder v. Palmer: Upholding the Presumption of Juror Impartiality in the Face of Revealed Bias

Date: Dec 10, 2009

Holder v. Palmer: Upholding the Presumption of Juror Impartiality in the Face of Revealed Bias Introduction Holder v. Palmer, 588 F.3d 328 (6th Cir. 2009), addresses critical issues surrounding the...

Upholding Eighth Amendment Standards: Ohio's Revised One-Drug Lethal Injection Protocol in Cooey (Biros) v. Strickland

Date: Dec 8, 2009

Upholding Eighth Amendment Standards: Ohio's Revised One-Drug Lethal Injection Protocol in Cooey (Biros) v. Strickland, 589 F.3d 210 (6th Cir. 2009) Introduction Cooey (Biros) v. Strickland is a...

Establishing Proximate Causation in Health Care Fraud: Martinez v. United States

Date: Dec 2, 2009

Establishing Proximate Causation in Health Care Fraud: Martinez v. United States Introduction The case of United States of America v. Jorge A. Martinez (588 F.3d 301) adjudicated by the United States...

Relevance of Absence of Prior Accidents in Negligence and Supervision Claims: Analysis of Dortch v. Con-Way Transportation Services

Date: Dec 1, 2009

Relevance of Absence of Prior Accidents in Negligence and Supervision Claims: Analysis of Dortch v. Con-Way Transportation Services Introduction The appellate case of Angela Dortch and Donald Dortch...

Preserving Procedural Objections in Sentencing Appeals: Insights from United States v. Simmons

Date: Nov 24, 2009

Preserving Procedural Objections in Sentencing Appeals: Insights from United States v. Simmons Introduction United States v. Curtis A. Simmons, 587 F.3d 348 (6th Cir. 2009), is a pivotal case that...

Procedural Defaults and Effective Assistance of Counsel: Insights from Zimmerman v. Cason

Date: Nov 21, 2009

Procedural Defaults and Effective Assistance of Counsel: Insights from Zimmerman v. Cason Introduction Zimmerman v. Cason, 354 F. App'x 228 (6th Cir. 2009), is a pivotal case adjudicated by the...

Enforcement of Equitable Liens Under ERISA: The Longaberger v. Kolt Decision

Date: Nov 17, 2009

Enforcement of Equitable Liens Under ERISA: The Longaberger v. Kolt Decision 1. Introduction The case of The Longaberger Company v. Jeffrey A. Kolt presents a pivotal interpretation of the Employee...

Preservation of Appealable Issues in Conditional Guilty Pleas and Indictment Sufficiency Confirmed by the Sixth Circuit in Computer Fraud Conspiracy

Date: Nov 13, 2009

Preservation of Appealable Issues in Conditional Guilty Pleas and Indictment Sufficiency Confirmed by the Sixth Circuit in Computer Fraud Conspiracy Introduction The case of United States of America...

Affirmation of Qualified Immunity in Police Pursuit Leading to Civil Liability Denial: Jones v. Byrnes

Date: Nov 10, 2009

Affirmation of Qualified Immunity in Police Pursuit Leading to Civil Liability Denial: Jones v. Byrnes Introduction Genora Jones, acting as the Personal Representative of the Estate of Clayton Jones,...

Recognition of Particular Social Group in Withholding of Removal: Al-Ghorbani v. Holder

Date: Nov 10, 2009

Recognition of Particular Social Group in Withholding of Removal: Al-Ghorbani v. Holder Introduction Abdulmunaem Abdullah Al-Ghorbani and Salah Abdullah Alghurbani v. Eric H. Holder, Jr., Attorney...

Limits on Duty to Defend and Indemnify in Asset Purchase Agreements: Insights from Ferro Corporation v. Cookson Group, plc

Date: Nov 7, 2009

Limits on Duty to Defend and Indemnify in Asset Purchase Agreements: Insights from Ferro Corporation v. Cookson Group, plc Introduction In the case of Ferro Corporation v. Cookson Group, plc, the...

Affirmation of AEDPA Standards in Post-Conviction Habeas Corpus Review: Webb v. Mitchell

Date: Nov 6, 2009

Affirmation of AEDPA Standards in Post-Conviction Habeas Corpus Review: Webb v. Mitchell Introduction The case of Michael D. Webb v. Betty Mitchell, adjudicated by the United States Court of Appeals...