6th Circuit Case Commentaries

Joint Representation and Conflict of Interest: Sixth Amendment Implications in McFarland v. Yukins

Date: Jan 24, 2004

Joint Representation and Conflict of Interest: Sixth Amendment Implications in McFarland v. Yukins Introduction In Paula McFarland v. Joan Yukins, 356 F.3d 688 (6th Cir. 2004), the United States...

Sixth Circuit Expansion of Section 1983 Liability to Include Conspiracies Involving Municipal and Private Security Actors

Date: Jan 22, 2004

Sixth Circuit Expansion of Section 1983 Liability to Include Conspiracies Involving Municipal and Private Security Actors Introduction The case of Memphis, Tennessee Area Local, American Postal...

Defining Terrorist Activity and Knowledge in Immigration Law: Insights from Daneshvar v. Ashcroft

Date: Jan 21, 2004

Defining Terrorist Activity and Knowledge in Immigration Law: Insights from Daneshvar v. Ashcroft Introduction Daneshvar v. Ashcroft, 355 F.3d 615 (6th Cir. 2004), is a pivotal case in U.S....

Philip Morris Incorporated v. Multiple Vending Companies: A New Precedent under the Robinson-Patman Act

Date: Jan 16, 2004

Philip Morris Incorporated v. Multiple Vending Companies: A New Precedent under the Robinson-Patman Act Introduction In the landmark case of James A. Lewis, doing business as B H Vendors; Penn...

Witham v. United States: Limits on Habeas Corpus Relief for Court-Martial Convictions under 28 U.S.C. §2241

Date: Jan 15, 2004

Witham v. United States: Limits on Habeas Corpus Relief for Court-Martial Convictions under 28 U.S.C. §2241 Introduction Witham v. United States, 355 F.3d 501 (6th Cir. 2004), addresses the scope of...

Independent Contractor Status Limits Discrimination Claims: Shah v. Deaconess Hospital

Date: Jan 15, 2004

Independent Contractor Status Limits Discrimination Claims: Shah v. Deaconess Hospital Introduction The case of Bhanukumar C. Shah v. Deaconess Hospital serves as a pivotal precedent in employment...

Emotional Distress Damages Recognized under FLSA Retaliation Claims: Moore v. Freeman

Date: Jan 14, 2004

Emotional Distress Damages Recognized under FLSA Retaliation Claims: Moore v. Freeman Introduction Moore v. Freeman is a landmark case decided by the United States Court of Appeals for the Sixth...

Affirmed Summary Judgment on ADA and ADEA Claims: Standards for Reasonable Accommodation and Pretext in Discrimination Cases

Date: Jan 10, 2004

Affirmed Summary Judgment on ADA and ADEA Claims: Standards for Reasonable Accommodation and Pretext in Discrimination Cases Introduction In the case of Joanne Hedrick v. Western Reserve Care System...

Strict Accrual Interpretation of Kentucky's Borrowing Statute Upheld in Combs II v. International Insurance Company

Date: Jan 7, 2004

Strict Accrual Interpretation of Kentucky's Borrowing Statute Upheld in Combs II v. International Insurance Company Introduction In the appellate decision Brownell Combs, II, Administrator C.T.A. of...

Preemption of State-Law Tort Claims Under §301 LMRA: Insights from Mattis v. Massman & General Motors Corp.

Date: Jan 7, 2004

Preemption of State-Law Tort Claims Under §301 LMRA: Insights from Mattis v. Massman & General Motors Corp. Introduction The case of James Mattis v. David Massman and General Motors Corporation (355...

Perry v. Jaguar of Troy: Affirmation of Employer’s Right under FMLA Compliance Standards

Date: Dec 31, 2003

Perry v. Jaguar of Troy: Affirmation of Employer’s Right under FMLA Compliance Standards Introduction Perry v. Jaguar of Troy is a significant appellate decision by the United States Court of Appeals...

Exigent Circumstances and Warrantless Entry: Insights from United States v. Williams et al.

Date: Dec 30, 2003

Exigent Circumstances and Warrantless Entry: Insights from United States v. Williams et al. Introduction The case of United States of America v. Hunter Lee Williams, Nicholas Edward George, and...

Reaffirming the Duty to Investigate Mitigating Evidence: A Detailed Commentary on Da v. d HAMBLIN

Date: Dec 30, 2003

Reaffirming the Duty to Investigate Mitigating Evidence: A Detailed Commentary on Da v. d HAMBLIN Introduction The case of Da v. d HAMBLIN, 354 F.3d 482 (6th Cir. 2003), serves as a pivotal judicial...

Affirmation of Habeas Corpus Dismissal in DENNIS v. MITCHELL: Juror Impartiality and Peremptory Challenge Standards Reinforced

Date: Dec 30, 2003

Affirmation of Habeas Corpus Dismissal in DENNIS v. MITCHELL: Juror Impartiality and Peremptory Challenge Standards Reinforced Introduction The case of Adremy Dennis v. Betty Mitchell, 354 F.3d 511...

Affirmation of the Establishment Clause: A Comprehensive Analysis of ACLU of Kentucky v. McCreary County

Date: Dec 19, 2003

Affirmation of the Establishment Clause: A Comprehensive Analysis of ACLU of Kentucky v. McCreary County Introduction The case of American Civil Liberties Union of Kentucky, et al. v. McCreary...

Procedural Default and Ineffective Assistance of Counsel: Analysis of Willis v. Da

Date: Dec 17, 2003

Procedural Default and Ineffective Assistance of Counsel: Analysis of Willis v. Da Introduction In the landmark case of Barry Anthony Willis v. Da, adjudicated by the United States Court of Appeals...

Limitation of Successive §2255 Motions to New Constitutional Rules: Paulino v. United States

Date: Dec 11, 2003

Limitation of Successive §2255 Motions to New Constitutional Rules: Paulino v. United States Introduction Juan Leonardo Paulino v. United States of America, 352 F.3d 1056 (6th Cir. 2003), is a...

Clarifying the Statute of Limitations and Continuing Violations in 42 U.S.C. §§ 1981 and 1983 Discrimination Claims: Bell v. Ohio State University

Date: Dec 10, 2003

Clarifying the Statute of Limitations and Continuing Violations in 42 U.S.C. §§ 1981 and 1983 Discrimination Claims: Bell v. Ohio State University Introduction Sheila J. Bell filed a lawsuit against...

Affirmation of In Absentia Removal and Upholding Summary Affirmance Procedures: S v. Denko

Date: Dec 9, 2003

Affirmation of In Absentia Removal and Upholding Summary Affirmance Procedures: S v. Denko Introduction In the case of Svitlana Denko v. Immigration and Naturalization Service, decided by the United...

Reevaluation of Ineffective Assistance of Counsel Standards: Hudson v. Jones

Date: Dec 4, 2003

Reevaluation of Ineffective Assistance of Counsel Standards: Hudson v. Jones Introduction The case of David Hudson v. Kurt Jones, adjudicated by the United States Court of Appeals for the Sixth...

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