6th Circuit Case Commentaries

At-Will Employment Essential for Ohio Public Policy Wrongful Discharge Claims: Kusens v. Pascal Company

Date: May 10, 2006

At-Will Employment Essential for Ohio Public Policy Wrongful Discharge Claims: Kusens v. Pascal Company Introduction In the case of Gary Kusens v. Pascal Company, Inc., Gary Kusens, the plaintiff,...

Enhanced Venue Jurisdiction Under LMRA and ERISA: Insights from Moore v. Morton

Date: Apr 27, 2006

Enhanced Venue Jurisdiction Under LMRA and ERISA: Insights from Moore v. Morton Introduction In the landmark case of Moore v. Morton, decided by the United States Court of Appeals for the Sixth...

Clarifying Conflict-Free Representation and Cumulative Errors in Habeas Corpus: Gillard v. Mitchell

Date: Apr 27, 2006

Clarifying Conflict-Free Representation and Cumulative Errors in Habeas Corpus: Gillard v. Mitchell Introduction In the landmark case of John GILLARD v. Betty MITCHELL, 445 F.3d 883 (6th Cir. 2006),...

Rule 60(b) Motion: Significance of Timeliness and Waiver

Date: Apr 27, 2006

Rule 60(b) Motion: Significance of Timeliness and Waiver Introduction In the case of DAYS INNS WORLDWIDE, INC. v. Bharat Patel, adjudicated by the United States Court of Appeals for the Sixth Circuit...

Enhancing Maritime Workplace Safety: Churchwell v. Bluegrass Marine Establishes Crucial Precedents in Unseaworthiness and Jones Act Claims

Date: Apr 22, 2006

Enhancing Maritime Workplace Safety: Churchwell v. Bluegrass Marine Establishes Crucial Precedents in Unseaworthiness and Jones Act Claims Introduction The case of Glenda Churchwell versus Bluegrass...

Marshall v. Commissioner of Social Security: Establishing Prevailing Party Status Under EAJA

Date: Apr 19, 2006

Marshall v. Commissioner of Social Security: Establishing Prevailing Party Status Under EAJA Introduction In Marshall v. Commissioner of Social Security, 444 F.3d 837 (6th Cir. 2006), the United...

Enhancing Sixth Amendment Protections: Confrontation Clause Violation in Fulcher v. Motley

Date: Apr 19, 2006

Enhancing Sixth Amendment Protections: Confrontation Clause Violation in Fulcher v. Motley Introduction The case of Elem Ray Fulcher versus John Motley, Warden (444 F.3d 791, Sixth Circuit, 2006)...

Salary Basis Compliance under FLSA: Analysis of James ACS v. Detroit Edison Company

Date: Apr 15, 2006

Salary Basis Compliance under FLSA: Analysis of James ACS v. Detroit Edison Company Introduction In the case of James ACS, et al. v. The Detroit Edison Company, adjudicated by the United States Court...

Establishing Fiduciary Responsibility in ERISA: Fine Family vs. PHP

Date: Apr 14, 2006

Establishing Fiduciary Responsibility in ERISA: Fine Family vs. PHP Introduction In the landmark case of William Briscoe et al. v. Allan H. Fine et al., adjudicated by the United States Court of...

Expanding §1983 Liability: Sixth Circuit's Landmark Ruling on Police Conduct and Municipal Responsibility

Date: Apr 12, 2006

Expanding §1983 Liability: Sixth Circuit's Landmark Ruling on Police Conduct and Municipal Responsibility Introduction In the pivotal case of William Thomas Gregory v. City of Louisville, adjudicated...

Invalid Good-Faith Reliance on Defective Search Warrant: United States v. Hython

Date: Apr 7, 2006

Invalid Good-Faith Reliance on Defective Search Warrant: United States v. Hython Introduction In United States v. Andre Hython, 443 F.3d 480 (6th Cir. 2006), the United States Court of Appeals for...

Reaffirmation of AEDPA Standards in Habeas Corpus Review: Carter v. Mitchell

Date: Apr 7, 2006

Reaffirmation of AEDPA Standards in Habeas Corpus Review: Carter v. Mitchell Introduction The case of Clarence Carter v. Betty Mitchell, decided by the United States Court of Appeals for the Sixth...

Affirmation of FMLA Termination Based on Employee's Inability to Return to Work

Date: Apr 7, 2006

Affirmation of FMLA Termination Based on Employee's Inability to Return to Work Introduction In the case of Gale EdGAR v. JAC Products, Inc., decided by the United States Court of Appeals for the...

Protected Speech Standards in Public Employment: Nair v. Oakland County Community Mental Health Authority

Date: Apr 5, 2006

Protected Speech Standards in Public Employment: Nair v. Oakland County Community Mental Health Authority Introduction In D. Sreedharan Nair v. Oakland County Community Mental Health Authority and...

Reinforcing Strickland Standards for Ineffective Assistance in §2255 Motions: Pough v. United States Analysis

Date: Apr 1, 2006

Reinforcing Strickland Standards for Ineffective Assistance in §2255 Motions: Pough v. United States Analysis Introduction Lance Pough, a federal inmate, initially pleaded guilty to federal drug...

Amgen v. Plaintiffs: Sixth Circuit Affirms Limits on Clinical Trial Sponsors' Obligations

Date: Mar 30, 2006

Amgen v. Plaintiffs: Sixth Circuit Affirms Limits on Clinical Trial Sponsors' Obligations Introduction The case of Edward Abney et al. v. Amgen, Inc. (443 F.3d 540) adjudicated by the United States...

Chambers v. United States: Affirming Child Pornography Convictions and Clarifying Interstate Commerce Jurisdiction

Date: Mar 24, 2006

Chambers v. United States: Affirming Child Pornography Convictions and Clarifying Interstate Commerce Jurisdiction Introduction Chambers v. United States, 441 F.3d 438 (6th Cir. 2006), addressed...

Conditional Certification under FLSA § 216(b) Affirmed in White v. MPW Industrial Services

Date: Mar 22, 2006

Conditional Certification under FLSA § 216(b) Affirmed in White v. MPW Industrial Services Introduction In Steven White, Frank Baker, Ivan Phillips, and Antonio Phillips v. MPW Industrial Services,...

Affirmation of Procedural Default and Standards for Brady Violations: Insights from Romell Broom v. Betty Mitchell

Date: Mar 18, 2006

Affirmation of Procedural Default and Standards for Brady Violations: Insights from Romell Broom v. Betty Mitchell Introduction Romell Broom v. Betty Mitchell, 441 F.3d 392 (6th Cir. 2006), is a...

Equal Pay Act: Affirmative Defense Requires Evidence of Legitimate Factors Beyond Statutory Pay Scales – Beck-Wilson v. Principi

Date: Mar 18, 2006

Equal Pay Act: Affirmative Defense Requires Evidence of Legitimate Factors Beyond Statutory Pay Scales – Beck-Wilson v. Principi Introduction In the landmark case of Beck-Wilson et al. v. Principi,...

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