6th Circuit Case Commentaries

Enhanced Duty of Defense Counsel in Capital Sentencing: Gary Van Johnson v. Betty Mitchell

Date: Nov 5, 2009

Enhanced Duty of Defense Counsel in Capital Sentencing: Gary Van Johnson v. Betty Mitchell Introduction The case of Gary Van Johnson, Petitioner-Appellant, v. Betty Mitchell, Warden,...

Reversal of Qualified Immunity Denial in Police Deadly Force Case: Chappell v. City of Cleveland

Date: Nov 5, 2009

Reversal of Qualified Immunity Denial in Police Deadly Force Case: Chappell v. City of Cleveland Introduction Chappell v. City of Cleveland is a pivotal case adjudicated by the United States Court of...

Limits on Sentence Reduction Under 18 U.S.C. § 3582(c)(2) Post-Booker: United States v. Washington (584 F.3d 693)

Date: Oct 28, 2009

Limits on Sentence Reduction Under 18 U.S.C. § 3582(c)(2) Post-Booker: United States v. Washington (584 F.3d 693) Introduction In the case United States of America v. Errol Eugene Washington, the...

Indemnification Rights Under State Law Not Preempted by the Commodity Exchange Act

Date: Oct 28, 2009

Indemnification Rights Under State Law Not Preempted by the Commodity Exchange Act Introduction In the appellate case Todd J. Delay v. Rosenthal Collins Group, LLC, 585 F.3d 1003 (6th Cir. 2009), the...

Sixth Circuit Reverses Dismissal of Section 11 Claims in Omnicare Securities Litigation

Date: Oct 22, 2009

Sixth Circuit Reverses Dismissal of Section 11 Claims in Omnicare Securities Litigation Introduction In the landmark case of Indiana State District Council of Laborers and Hod Carriers Pension and...

Rule 41(a)(2) Dismissals and Attorney Fees: Insights from BRIDGEPORT MUSIC v. UNIVERSAL-MCA Music Publishing

Date: Oct 22, 2009

Rule 41(a)(2) Dismissals and Attorney Fees: Insights from BRIDGEPORT MUSIC v. UNIVERSAL-MCA Music Publishing Introduction The case of Bridgeport Music, Inc., et al. v. Universal-MCA Music Publishing,...

No Child Left Behind: Sixth Circuit Affirms State Obligations Under the Spending Clause

Date: Oct 17, 2009

Affirmation of NCLB's Enforcement: States Must Comply with Educational Mandates Despite Funding Shortfalls Introduction In the landmark appellate decision of School District of the City of Pontiac,...

Sixth Circuit Reinforces Corroboration Requirement in Felon Firearm Possession Cases

Date: Oct 15, 2009

Sixth Circuit Reinforces Corroboration Requirement in Felon Firearm Possession Cases Introduction In the landmark decision United States v. Wilbur B. Adams, Jr. (583 F.3d 457, 6th Cir. 2009), the...

Affirmation of Excessive Force Claims Related to Handcuff Tightness and Unnecessary Physical Abuse in Morrison v. Board of Trustees of Green Township

Date: Oct 9, 2009

Affirmation of Excessive Force Claims Related to Handcuff Tightness and Unnecessary Physical Abuse in Morrison v. Board of Trustees of Green Township Introduction The case of Amanda Morrison, et al....

Establishing Probable Cause in Child Pornography Cases Based on Single Subscription: Analysis of United States v. Frechette

Date: Oct 9, 2009

Establishing Probable Cause in Child Pornography Cases Based on Single Subscription: Analysis of United States v. Frechette Introduction In the landmark case of United States v. Douglas Frechette,...

Ke v. Rabbers: Harmless Error in Failure to Rate B Criteria for Disability Claims

Date: Oct 6, 2009

Ke v. Rabbers: Harmless Error in Failure to Rate B Criteria for Disability Claims Introduction Ke v. Rabbers, 582 F.3d 647 (6th Cir. 2009), is a pivotal case in the realm of Social Security...

Excessive Force and Equal Protection: Affirmation of Harris v. City of Circleville

Date: Oct 3, 2009

Excessive Force and Equal Protection: Affirmation of Harris v. City of Circleville Introduction In Harris v. City of Circleville, et al., 583 F.3d 356 (6th Cir. 2009), the United States Court of...

Establishing Plausibility in Antitrust Conspiracy Claims: In re Travel Agent Commission Antitrust Litigation

Date: Oct 3, 2009

Establishing Plausibility in Antitrust Conspiracy Claims: In re Travel Agent Commission Antitrust Litigation Introduction The case of In re Travel Agent Commission Antitrust Litigation, adjudicated...

Severance of Misjoined Claims in Prison Litigation: Proctor v. Applegate

Date: Oct 1, 2009

Severance of Misjoined Claims in Prison Litigation: Proctor v. Applegate Introduction In the case of Fred Cortland Proctor, et al. v. L. Applegate, et al. (Case No. 07-12414), the United States...

Pasley v. Conerly: Establishing Protections Against First Amendment Retaliation in Correctional Settings

Date: Sep 30, 2009

Pasley v. Conerly: Establishing Protections Against First Amendment Retaliation in Correctional Settings Introduction Lynn T. Pasley, an inmate within the Michigan Department of Corrections,...

Proper Evaluation of Treating Physicians and Credibility in Disability Claims: Shelby Winning v. Commissioner of Social Security

Date: Sep 29, 2009

Proper Evaluation of Treating Physicians and Credibility in Disability Claims: Shelby Winning v. Commissioner of Social Security Introduction In Shelby Winning v. Commissioner of Social Security, the...

Enhancing Adherence to the Treating Physician Rule and Procedural Requirements: Analysis of Blakley v. Commissioner of Social Security

Date: Sep 25, 2009

Enhancing Adherence to the Treating Physician Rule and Procedural Requirements: Analysis of Blakley v. Commissioner of Social Security Introduction The case of Thomas H. Blakley v. Commissioner of...

Strengthening the Exhaustion Doctrine for Habeas Corpus Relief: Insights from Sherman WAGNER v. Smith

Date: Sep 25, 2009

Strengthening the Exhaustion Doctrine for Habeas Corpus Relief: Insights from Sherman WAGNER v. Willie O. Smith Introduction The case of Sherman WAGNER v. Willie O. Smith (581 F.3d 410) serves as a...

Risch v. Royal Oak Police Department: Establishing Pretext in Gender Discrimination Claims

Date: Sep 24, 2009

Risch v. Royal Oak Police Department: Establishing Pretext in Gender Discrimination Claims Introduction Risch v. Royal Oak Police Department is a pivotal case adjudicated by the United States Court...

U.S. Steel Settlement and Attorney Fee Approval: Sixth Circuit's Clarification on Class Action Protocols

Date: Sep 23, 2009

U.S. Steel Settlement and Attorney Fee Approval: Sixth Circuit's Clarification on Class Action Protocols Introduction The legal landscape governing class action settlements and attorney fee awards...