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  • Commentaries
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6th Circuit Case Commentaries

Sixth Circuit Sets New Precedent on Relator Share in FCA Alternate Remedies and Public Disclosure Limitations

Sixth Circuit Sets New Precedent on Relator Share in FCA Alternate Remedies and Public Disclosure Limitations

Date: Sep 11, 2003
Sixth Circuit Sets New Precedent on Relator Share in FCA Alternate Remedies and Public Disclosure Limitations Introduction The United States Court of Appeals for the Sixth Circuit delivered a...
Protecting Whistleblowers: Himmel v. Ford Motor Company Establishes Key Precedents under Ohio's Public Policy Exception

Protecting Whistleblowers: Himmel v. Ford Motor Company Establishes Key Precedents under Ohio's Public Policy Exception

Date: Sep 9, 2003
Protecting Whistleblowers: Himmel v. Ford Motor Company Establishes Key Precedents under Ohio's Public Policy Exception Introduction Stephen B. Himmel v. Ford Motor Company, 342 F.3d 593 (6th Cir....
Reaffirming the Right to Effective Assistance of Counsel in Capital Sentencing under Strickland

Reaffirming the Right to Effective Assistance of Counsel in Capital Sentencing under Strickland

Date: Sep 9, 2003
Reaffirming the Right to Effective Assistance of Counsel in Capital Sentencing under Strickland Introduction The case of Richard M. Frazier v. Stephen J. Huffman, decided by the United States Court...
Limited ERISA Preemption Affirmed: Sixth Circuit Allows Non-Plan Related State Claims

Limited ERISA Preemption Affirmed: Sixth Circuit Allows Non-Plan Related State Claims

Date: Sep 5, 2003
Limited ERISA Preemption Affirmed: Sixth Circuit Allows Non-Plan Related State Claims Introduction In the landmark case of Lloyd Marks v. Newcourt Credit Group, Inc., the United States Court of...
Limited Partners' Standing in Breach of Contract and Managing Partner Authority: In re Anthony Steven Brown

Limited Partners' Standing in Breach of Contract and Managing Partner Authority: In re Anthony Steven Brown

Date: Sep 4, 2003
Limited Partners' Standing in Breach of Contract and Managing Partner Authority: In re Anthony Steven Brown Introduction The appellate case In re Anthony Steven Brown, decided by the United States...
Clarifying Eleventh Amendment Immunity and the Rooker-Feldman Doctrine in Bar Admission Litigation: Dubuc v. Michigan Board of Law Examiners

Clarifying Eleventh Amendment Immunity and the Rooker-Feldman Doctrine in Bar Admission Litigation: Dubuc v. Michigan Board of Law Examiners

Date: Sep 4, 2003
Clarifying Eleventh Amendment Immunity and the Rooker-Feldman Doctrine in Bar Admission Litigation: Dubuc v. Michigan Board of Law Examiners Introduction Dennis Dubuc v. Michigan Board of Law...
Interpreting "Unreasonable Application" under AEDPA: Insights from ROCKWELL v. YUKINS

Interpreting "Unreasonable Application" under AEDPA: Insights from ROCKWELL v. YUKINS

Date: Aug 28, 2003
Interpreting "Unreasonable Application" under AEDPA: Insights from ROCKWELL v. YUKINS Introduction Sharon May Rockwell v. Joan Yukins (341 F.3d 507, 2003) is a pivotal case adjudicated by the United...
Unanimous Consent Required for Removal to Federal Court: Analysis of Loftis v. UPS, Inc.

Unanimous Consent Required for Removal to Federal Court: Analysis of Loftis v. UPS, Inc.

Date: Aug 27, 2003
Unanimous Consent Required for Removal to Federal Court: Analysis of Loftis v. UPS, Inc. Introduction In the case of Thomas P. Loftis, Plaintiff-Appellee, v. United Parcel Service, Inc.; David Cole,...
Establishing Proximate Cause in Rescue Operation Negligence: Sixth Circuit Reverses Summary Judgment in Sagan v. United States

Establishing Proximate Cause in Rescue Operation Negligence: Sixth Circuit Reverses Summary Judgment in Sagan v. United States

Date: Aug 26, 2003
Establishing Proximate Cause in Rescue Operation Negligence: Sixth Circuit Reverses Summary Judgment in Sagan v. United States Introduction The case of Virginia Sagan v. United States centers on a...
Helen Jones v. City of Monroe: Establishing Standards for ADA Compliance in Municipal Parking Programs

Helen Jones v. City of Monroe: Establishing Standards for ADA Compliance in Municipal Parking Programs

Date: Aug 22, 2003
Helen Jones v. City of Monroe: Establishing Standards for ADA Compliance in Municipal Parking Programs Introduction Helen Jones v. City of Monroe, Michigan (341 F.3d 474) is a significant appellate...
Affirmation of Dismissal in Qui Tam Action under the False Claims Act

Affirmation of Dismissal in Qui Tam Action under the False Claims Act

Date: Aug 21, 2003
Affirmation of Dismissal in Qui Tam Action under the False Claims Act Introduction In the case of Richard M. Yuhasz v. Brush Wellman, Inc., decided by the United States Court of Appeals for the Sixth...
Maples v. Stegall: Overriding Procedural Default in Federal Habeas Corpus Claims Due to External Impediments

Maples v. Stegall: Overriding Procedural Default in Federal Habeas Corpus Claims Due to External Impediments

Date: Aug 20, 2003
Maples v. Stegall: Overriding Procedural Default in Federal Habeas Corpus Claims Due to External Impediments Introduction Maples v. Stegall, 340 F.3d 433 (6th Cir. 2003), is a pivotal case in federal...
Judicial Reviewability of Asylum Timeliness and 'Particular Social Group' Definitions: Castellano-Chacon v. INS

Judicial Reviewability of Asylum Timeliness and 'Particular Social Group' Definitions: Castellano-Chacon v. INS

Date: Aug 19, 2003
Judicial Reviewability of Asylum Timeliness and 'Particular Social Group' Definitions: Castellano-Chacon v. INS Introduction Rolando Augustine Castellano-Chacon, a native of Honduras, entered the...
Holding Corporate Officers Personally Liable for Non-Compliance: Precedent from Electrical Workers Pension Trust Fund v. Gary's Electric Service Company

Holding Corporate Officers Personally Liable for Non-Compliance: Precedent from Electrical Workers Pension Trust Fund v. Gary's Electric Service Company

Date: Aug 19, 2003
Holding Corporate Officers Personally Liable for Non-Compliance: Precedent from Electrical Workers Pension Trust Fund v. Gary's Electric Service Company Introduction The case of Electrical Workers...
Reaffirmation of the Automobile Exception and Clarification on Miranda Rights in United States v. Swanson

Reaffirmation of the Automobile Exception and Clarification on Miranda Rights in United States v. Swanson

Date: Aug 16, 2003
Reaffirmation of the Automobile Exception and Clarification on Miranda Rights in United States v. Swanson Introduction The case of United States of America v. Jason Eric Swanson (341 F.3d 524)...
Waiver of Arbitration Rights through Prolonged Litigation Efforts: Insights from O.J. Distributing v. Hornell Brewing

Waiver of Arbitration Rights through Prolonged Litigation Efforts: Insights from O.J. Distributing v. Hornell Brewing

Date: Aug 15, 2003
Waiver of Arbitration Rights through Prolonged Litigation Efforts: Insights from O.J. Distributing, Inc. v. Hornell Brewing Company, Inc. Introduction The case of O.J. Distributing, Inc., a/k/a Great...
Affirmation of Procedural Default in Habeas Corpus: Gulertekin v. TinNelman-Cooper

Affirmation of Procedural Default in Habeas Corpus: Gulertekin v. TinNelman-Cooper

Date: Aug 15, 2003
Affirmation of Procedural Default in Habeas Corpus: Gulertekin v. TinNelman-Cooper Introduction The case of Fugen Gulertekin v. Deborah TinNelman-Cooper, adjudicated by the United States Court of...
Non-Jurisdictional Nature of Bankruptcy Rule 4007(c): Insights from In re Edwin M. Maughan, Sr.

Non-Jurisdictional Nature of Bankruptcy Rule 4007(c): Insights from In re Edwin M. Maughan, Sr.

Date: Aug 15, 2003
Non-Jurisdictional Nature of Bankruptcy Rule 4007(c): Insights from In re Edwin M. Maughan, Sr. Introduction The appellate decision in In re Edwin M. Maughan, Sr., Debtor (340 F.3d 337) marks a...
Roman v. Ashcroft: Establishing the Immediate Custodian Rule in Alien Habeas Corpus Petitions

Roman v. Ashcroft: Establishing the Immediate Custodian Rule in Alien Habeas Corpus Petitions

Date: Aug 14, 2003
Roman v. Ashcroft: Establishing the Immediate Custodian Rule in Alien Habeas Corpus Petitions Introduction Roman v. Ashcroft, 340 F.3d 314 (6th Cir. 2003), represents a pivotal decision in the realm...
Affirming Procedural Rigor in Bankruptcy Court Motions: Eglinton v. Loyer and Chapel Establishes Strict Compliance with Rule 60(b)

Affirming Procedural Rigor in Bankruptcy Court Motions: Eglinton v. Loyer and Chapel Establishes Strict Compliance with Rule 60(b)

Date: Aug 14, 2003
Affirming Procedural Rigor in Bankruptcy Court Motions: Eglinton v. Loyer and Chapel Establishes Strict Compliance with Rule 60(b) Introduction The case of Eglinton v. Loyer and Chapel (340 F.3d 331)...
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