6th Circuit Case Commentaries

Preservation of Bona Fide Purchaser Claims in Criminal Forfeiture Proceedings

Date: Jul 28, 2009

Preservation of Bona Fide Purchaser Claims in Criminal Forfeiture Proceedings Introduction The case of United States of America v. Huntington National Bank (574 F.3d 329, 6th Cir. 2009) addresses...

ERISA Preemption and Arbitrary Denial of Long-Term Disability Benefits: Helfman v. Genworth and Sun Life

Date: Jul 25, 2009

ERISA Preemption and Arbitrary Denial of Long-Term Disability Benefits: Helfman v. Genworth and Sun Life Introduction The appellate case of Joel Helfman v. GE Group Life Assurance Company, Genworth...

Unlawful Terry Stops: Insights from United States v. Karl B. See

Date: Jul 25, 2009

Unlawful Terry Stops: Insights from United States v. Karl B. See Introduction The case of United States of America v. Karl B. See, 574 F.3d 309 (6th Cir. 2009), presents a pivotal examination of the...

Establishing Standards for Comparative Negligence in Michigan: Terri Biegas v. Quickway Carriers, Inc.

Date: Jul 25, 2009

Establishing Standards for Comparative Negligence in Michigan: Terri Biegas v. Quickway Carriers, Inc. Introduction The case of Terri Biegas, Personal Representative of the Estate of Richard Biegas...

Unjust Enrichment in Financial Partnerships: Analysis of FDIC v. Jeff Miller Stables

Date: Jul 24, 2009

Unjust Enrichment in Financial Partnerships: Analysis of FDIC v. Jeff Miller Stables Introduction In the landmark case Federal Deposit Insurance Corporation (FDIC) v. Jeff Miller Stables, et al., the...

Hu v. Holder: Establishing Personal Grounds for Asylum Beyond Familial Persecution

Date: Jul 23, 2009

Hu v. Holder: Establishing Personal Grounds for Asylum Beyond Familial Persecution Introduction The case Jing Hu v. Eric H. Holder, Jr., United States Attorney General (342 F. App'x 94) adjudicated...

Expectation of Privacy in Shared Residences: United States v. Washington

Date: Jul 23, 2009

Expectation of Privacy in Shared Residences: United States v. Washington Introduction United States of America v. Tracy Washington, 573 F.3d 279 (6th Cir. 2009), is a pivotal case that examines the...

Controlling Weight of Treating Physician's Opinion in Social Security Disability Determinations

Date: Jul 22, 2009

Controlling Weight of Treating Physician's Opinion in Social Security Disability Determinations Introduction The case of Terry Hensley v. Michael J. Astrue, Commissioner of Social Security (573 F.3d...

Non-Applicability of Sentencing Commission Amendment 706 to Career Offender Guidelines: United States v. Perdue

Date: Jul 15, 2009

Non-Applicability of Sentencing Commission Amendment 706 to Career Offender Guidelines: United States v. Perdue Introduction In the case of United States of America v. Ivory Dean Perdue, the United...

Residual Functional Capacity and Closed Period Analysis in SSA Disability Claims: White v. Commissioner

Date: Jul 14, 2009

Residual Functional Capacity and Closed Period Analysis in SSA Disability Claims: Kimberly A. White v. Commissioner Introduction The case of Kimberly A. White v. Commissioner of Social Security,...

Clarifying Brady Disclosure Obligations for Tacit Prosecution Agreements: Akrawi v. Booker

Date: Jul 11, 2009

Clarifying Brady Disclosure Obligations for Tacit Prosecution Agreements: Akrawi v. Booker Introduction In the landmark case Ragheed Akrawi v. Raymond Booker, decided by the United States Court of...

Affirmation of Sentencing Deviation Based on Criminal History and Policy Considerations: Herrera-Zuniga v. United States

Date: Jul 9, 2009

Affirmation of Sentencing Deviation Based on Criminal History and Policy Considerations: Herrera-Zuniga v. United States Introduction In the case of United States of America v. Leonardo...

Prosecutorial Discretion in Sentencing Guidelines Reductions Upholding in United States v. Lapsins

Date: Jul 8, 2009

Prosecutorial Discretion in Sentencing Guidelines Reductions Upholding in United States v. Lapsins Introduction United States v. Anthony V. Lapsins, 570 F.3d 758 (6th Cir. 2009), is a pivotal case...

Non-Retroactivity of ADA Amendments Act Affirmed in Milholland v. Sumner County Board of Education

Date: Jul 3, 2009

Non-Retroactivity of ADA Amendments Act Affirmed in Milholland v. Sumner County Board of Education Introduction The case of Sherry K. Milholland, M. Ed. v. Sumner County Board of Education; Benny C....

Misrepresentation in Debt Collection: 6th Circuit Reverses Summary Judgment on FDCPA Claims

Date: Jul 1, 2009

Misrepresentation in Debt Collection: 6th Circuit Reverses Summary Judgment on FDCPA Claims Introduction In the case of Hartman and RICE v. GREAT SENECA FINANCIAL CORP. and Javitch, Block Rathbone,...

Establishing Boundaries on Qualified Immunity in Bivens Actions: Merriweather v. Zamora et al.

Date: Jun 25, 2009

Establishing Boundaries on Qualified Immunity in Bivens Actions: Merriweather v. Zamora et al. Introduction Robert Merriweather, a former federal inmate, initiated a Bivens action against seven...

Sixth Circuit Upholds Injunction Against MDOC's Rule 23 Restricting Prisoners' Access to UCC Materials, Strengthening Prisoners' First Amendment Rights

Date: Jun 24, 2009

Sixth Circuit Upholds Injunction Against MDOC's Rule 23 Restricting Prisoners' Access to UCC Materials, Strengthening Prisoners' First Amendment Rights Introduction In the landmark case of Walter...

El-Moussa v. Holder: Strengthening Credibility Standards for Asylum Claims under the REAL ID Act

Date: Jun 18, 2009

El-Moussa v. Holder: Strengthening Credibility Standards for Asylum Claims under the REAL ID Act Introduction Zeinab Jamil El-Moussa v. Eric H. Holder, Jr., 569 F.3d 250 (6th Cir. 2009), is a pivotal...

Reinforcing Credibility Assessments in Withholding of Removal: Zhao v. Holder, 569 F.3d 238

Date: Jun 17, 2009

Reinforcing Credibility Assessments in Withholding of Removal: Zhao v. Holder, 569 F.3d 238 1. Introduction Shan Sheng Zhao v. Eric H. Holder, Jr., 569 F.3d 238 (6th Cir. 2009), is a pivotal case...

Balancing Brady/Giglio Violations and Harmless Error: Insights from Rosencrantz v. Lafler

Date: Jun 10, 2009

Balancing Brady/Giglio Violations and Harmless Error: Insights from Rosencrantz v. Lafler Introduction The United States Court of Appeals for the Sixth Circuit, in the case of Timothy R. Rosencrantz...