6th Circuit Case Commentaries

Ripeness and Federal Preemption in Consumer Protection: The Ammex, Inc. v. Michigan Attorney General Decision

Date: Dec 4, 2003

Ripeness and Federal Preemption in Consumer Protection: The Ammex, Inc. v. Michigan Attorney General Decision Introduction Ammex, Inc., a Michigan-based corporation operating a duty-free store...

Clarifying Issue and Claim Preclusion in §1983 Claims: Stemler and Chipman v. Florence

Date: Dec 3, 2003

Clarifying Issue and Claim Preclusion in §1983 Claims: Stemler and Chipman v. Florence 1. Introduction The case of Susan Stemler and William Chipman v. City of Florence et al. adjudicated by the...

Sixth Circuit Upholds Correctional Work Rules Restricting Employee Associations with Offenders

Date: Dec 2, 2003

Sixth Circuit Upholds Correctional Work Rules Restricting Employee Associations with Offenders Introduction The case of Dawn Akers; Kim Loranger; United Automobile, Aerospace, and Agricultural...

Affirming Reasonable Time Limits on Mandatory Detention of Deportable Criminal Aliens Under IIRIRA § 236(c)

Date: Nov 27, 2003

Affirming Reasonable Time Limits on Mandatory Detention of Deportable Criminal Aliens Under IIRIRA § 236(c) Introduction The case of Hoang Minh Ly v. Mark B. Hansen, James Ziglar, and John Ashcroft...

Broad Interpretation of 'Arising Out Of' in Arbitration Clauses Upheld: No Waiver of Arbitration Rights

Date: Nov 26, 2003

Broad Interpretation of 'Arising Out Of' in Arbitration Clauses Upheld: No Waiver of Arbitration Rights Introduction The appellate case, Highlands Wellmont Health Network, Inc. v. John Deere Health...

Highland Capital v. Franklin National Bank: Clarifying the Burden of Proof for §1972 Anti-Tying Claims

Date: Nov 26, 2003

Highland Capital v. Franklin National Bank: Clarifying the Burden of Proof for §1972 Anti-Tying Claims Introduction Highland Capital, Inc. v. Franklin National Bank, 350 F.3d 558 (6th Cir. 2003), is...

Standing and Mootness in Eighth Amendment Medical Care Claims: Bowman v. Corrections Corporation of America

Date: Nov 22, 2003

Standing and Mootness in Eighth Amendment Medical Care Claims: Bowman v. Corrections Corporation of America Introduction Patricia Bowman v. Corrections Corporation of America (CCA) is a pivotal case...

Effective Counsel Obligations During Critical Stages: Sixth Circuit Upholds Habeas Relief in Caver v. Straub

Date: Nov 20, 2003

Effective Counsel Obligations During Critical Stages: Sixth Circuit Upholds Habeas Relief in Caver v. Straub Introduction In the landmark case of Robert Lee Caver v. Dennis M. Straub, 349 F.3d 340...

Reversing Summary Judgment in First Amendment Retaliation Case: Leary and Williams v. Daeschner

Date: Nov 20, 2003

Reversing Summary Judgment in First Amendment Retaliation Case: Leary and Williams v. Daeschner Introduction In the landmark case of Mary Elizabeth Leary and Glenda H. Williams v. Stephen Daeschner,...

Newton v. Million: Strengthening Self-Defense Jury Instructions Against Multiple Aggressors

Date: Nov 18, 2003

Newton v. Million: Strengthening Self-Defense Jury Instructions Against Multiple Aggressors Introduction Billy Dewayne Newton, petitioner-appellee, faced serious criminal charges following a violent...

Valid Search Warrants and the Voluntariness of Confessions: An Analysis of Johnson v. United States

Date: Nov 15, 2003

Valid Search Warrants and the Voluntariness of Confessions: An Analysis of Johnson v. United States Introduction United States of America v. Maurice A. Johnson (351 F.3d 254) is a pivotal case...

Affirmation of Summary Judgment and Reconsideration of Attorney Fees in Gender Discrimination Case

Date: Nov 14, 2003

Affirmation of Summary Judgment and Reconsideration of Attorney Fees in Gender Discrimination Case Introduction The case Judy Gettings v. Building Laborers Local 310 Fringe Benefits Fund presents a...

Six-Year Age Difference Threshold in Prima Facie Age Discrimination: Grosjean v. First Energy

Date: Nov 14, 2003

Six-Year Age Difference Threshold in Prima Facie Age Discrimination: Grosjean v. First Energy Introduction In the landmark case of William Grosjean v. First Energy Corporation; Toledo Edison Energy,...

Reversing Summary Judgment in Racial Discrimination Case: Carter v. University of Toledo

Date: Nov 13, 2003

Reversing Summary Judgment in Racial Discrimination Case: Carter v. University of Toledo Introduction Caroline Carter, an African-American scholar, filed a lawsuit against her former employer, the...

Expansion of Title VII Protections to Internal Investigation Participants: Abbott v. Crown Motor Co.

Date: Nov 4, 2003

Expansion of Title VII Protections to Internal Investigation Participants: Abbott v. Crown Motor Co. Introduction Donald Abbott v. Crown Motor Company, Inc., 348 F.3d 537 (6th Cir. 2003), is a...

Establishing Standards for Ineffective Assistance of Counsel in Plea Negotiations: Smith v. United States

Date: Nov 4, 2003

Establishing Standards for Ineffective Assistance of Counsel in Plea Negotiations: Smith v. United States Introduction In the landmark case of Eddie D. Smith v. United States of America, 348 F.3d 545...

Affirmation of Summary Judgment: Rigorous Standards for Unjust Enrichment and Promissory Estoppel in Business Lease Negotiations

Date: Nov 1, 2003

Affirmation of Summary Judgment: Rigorous Standards for Unjust Enrichment and Promissory Estoppel in Business Lease Negotiations Introduction In The Andersons, Inc. v. Consol, Inc., 348 F.3d 496 (6th...

Affirmation of Effective Assistance of Counsel in Presenting Mitigation Evidence - Smith v. Mitchell

Date: Oct 29, 2003

Affirmation of Effective Assistance of Counsel in Presenting Mitigation Evidence - Smith v. Mitchell (6th Cir. 2003) Introduction Parties Involved: William H. Smith (Petitioner-Appellant) vs. Betty...

Proper Application of Sentencing Guidelines Based on Offense Completion Date: United States v. Benson et al., Sixth Circuit

Date: Oct 29, 2003

Proper Application of Sentencing Guidelines Based on Offense Completion Date: United States v. Benson et al., Sixth Circuit Introduction United States of America v. Geoffrey P. Benson, Susan L....

Reconstruction of Disability Criteria for Supplemental Security Income: Elam v. Commissioner of Social Security

Date: Oct 25, 2003

Reconstruction of Disability Criteria for Supplemental Security Income: Elam v. Commissioner of Social Security Introduction Elam v. Commissioner of Social Security is a pivotal case decided by the...

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