6th Circuit Case Commentaries

Defining 'Illegal Act' and Standard of Review in ERISA Benefit Denials: Shelby County Health Care Corp. v. Majestic Star Casino

Date: Sep 23, 2009

Defining 'Illegal Act' and Standard of Review in ERISA Benefit Denials: Shelby County Health Care Corp. v. Majestic Star Casino Introduction In the case of Shelby County Health Care Corporation v....

Affirmation of Confrontation Clause Application in Smith v. Johnson: A Comprehensive Analysis

Date: Sep 19, 2009

Affirmation of Confrontation Clause Application in Smith v. Johnson: A Comprehensive Analysis Introduction In the landmark case of UNITED STATES of America v. Earl Johnson, 581 F.3d 320 (6th Cir....

THOMPSON v. BELL: Reinforcing Standards for Competency to Be Executed

Date: Sep 12, 2009

THOMPSON v. BELL: Reinforcing Standards for Competency to Be Executed Introduction In THOMPSON v. BELL, the United States Court of Appeals for the Sixth Circuit addressed critical issues surrounding...

Application of Harmless Error Standard in Guilty Plea Challenges: John Da v. d Ruelas

Date: Sep 9, 2009

Application of Harmless Error Standard in Guilty Plea Challenges: John Da v. d. Ruelas Introduction In the case of John Da v. d. Ruelas, the United States Court of Appeals for the Sixth Circuit...

Affirmation of Summary Judgment in Title VII Discrimination Case: Chen v. Dow Chemical Company

Date: Sep 9, 2009

Affirmation of Summary Judgment in Title VII Discrimination Case: Chen v. Dow Chemical Company Introduction Show Ann Chen v. Dow Chemical Company, 580 F.3d 394 (6th Cir. 2009), represents a...

Probable Cause Standards for Search Warrants Relying on Confidential Informants Established in United States v. Dyer

Date: Sep 9, 2009

Probable Cause Standards for Search Warrants Relying on Confidential Informants Established in United States v. Dyer Introduction United States of America, Plaintiff-Appellee, v. Kenneth J. Dyer, II,...

Sixth Circuit Upholds Summary Judgment in Age Discrimination Case: Geiger v. Tower Automotive

Date: Sep 5, 2009

Sixth Circuit Upholds Summary Judgment in Age Discrimination Case: Geiger v. Tower Automotive Introduction The case of Raymond L. Geiger v. Tower Automotive, decided by the United States Court of...

Hodge v. Haeberlin (6th Cir. 2009): Reinforcing Standards for Ineffective Assistance of Counsel under Strickland

Date: Sep 5, 2009

Hodge v. Haeberlin (6th Cir. 2009): Reinforcing Standards for Ineffective Assistance of Counsel under Strickland Introduction Benny Lee Hodge, Petitioner-Appellant, v. Glenn Haeberlin, Warden,...

Hensley Manufacturing v. ProPride: Defining Fair Use in Trademark Infringement Cases

Date: Sep 4, 2009

Hensley Manufacturing v. ProPride: Defining Fair Use in Trademark Infringement Cases 1. Introduction The case of Hensley Manufacturing, Inc. v. ProPride, Inc. addresses pivotal issues surrounding...

Sherwood v. Prelesnik: Sixth Circuit Affirms Equitable Tolling of AEDPA’s Statute of Limitations During Pending State Post-Conviction Motions

Date: Sep 4, 2009

Sherwood v. Prelesnik: Sixth Circuit Affirms Equitable Tolling of AEDPA’s Statute of Limitations During Pending State Post-Conviction Motions 1. Introduction In Sherwood v. Prelesnik, 579 F.3d 581...

Taxpayer Standing in Establishment Clause Claims: Insights from PEDREIRA v. KENTUCKY BAPTIST HOMES FOR CHILDREN

Date: Sep 1, 2009

Taxpayer Standing in Establishment Clause Claims: Insights from PEDREIRA v. KENTUCKY BAPTIST HOMES FOR CHILDREN Introduction In PEDREIRA v. KENTUCKY BAPTIST HOMES FOR CHILDREN, Inc., the United...

Affirmation of Tennessee's Statute of Repose in Products Liability: MONTGOMERY v. WYETH

Date: Aug 29, 2009

Affirmation of Tennessee's Statute of Repose in Products Liability: MONTGOMERY v. WYETH Introduction MONTGOMERY v. WYETH, 580 F.3d 455 (6th Cir. 2009), addresses critical issues in products liability...

Reversal of Social Security Disability Denial in Simpson v. Commissioner of Social Security

Date: Aug 28, 2009

Reversal of Social Security Disability Denial in Simpson v. Commissioner of Social Security Introduction Nebra A. Simpson appealed a district court decision that upheld the Commissioner of Social...

Protected Liberty Interests and Religious Accommodations in Prison: Insights from Heard v. Caruso

Date: Aug 28, 2009

Protected Liberty Interests and Religious Accommodations in Prison: Insights from Heard v. Caruso Introduction In the appellate case Lamont Bernard Heard v. Patricia Caruso, heard on August 27, 2009,...

Mixed-Motive FMLA Retaliation Claims: Reversing Summary Judgment in Hunter v. Valley View Local Schools

Date: Aug 27, 2009

Mixed-Motive FMLA Retaliation Claims: Reversing Summary Judgment in Hunter v. Valley View Local Schools Introduction The case of Eunice Hunter v. Valley View Local Schools presents a significant...

United States v. Brown: Defining Lasciviousness in Child Exploitation Cases

Date: Aug 27, 2009

United States v. Brown: Defining Lasciviousness in Child Exploitation Cases Introduction United States v. Brown, 579 F.3d 672 (6th Cir. 2009), is a pivotal case in the realm of federal child...

Equal Access to Justice Act: EAJA Fees Payable to Prevailing Parties Affirmed

Date: Aug 25, 2009

Equal Access to Justice Act: EAJA Fees Payable to Prevailing Parties Affirmed Introduction In the case of Clarence Bryant and John C. Turner v. Commissioner of Social Security, the United States...

Mandamus Denied: Work-Product and Attorney-Client Privilege in Discovery Orders

Date: Aug 25, 2009

Mandamus Denied: Work-Product and Attorney-Client Privilege in Discovery Orders Introduction In the case of In re Professionals Direct Insurance Company, 578 F.3d 432 (6th Cir. 2009), the United...

Exigent Circumstances and Police Entry: Insights from Brenda Brooks v. Da

Date: Aug 22, 2009

Exigent Circumstances and Police Entry: Insights from Brenda Brooks v. Da Introduction Brenda Brooks v. Da, 577 F.3d 701 (6th Cir. 2009), is a pivotal case in understanding the boundaries of exigent...

Enforcement of Mandatory Restitution under the MVRA: Insights from United States v. Elson

Date: Aug 22, 2009

Enforcement of Mandatory Restitution under the MVRA: Insights from United States v. Elson Introduction The case of United States v. Martin W. Elson, decided by the United States Court of Appeals for...