6th Circuit Case Commentaries

Extending Oil-and-Gas Leases: Sixth Circuit Affirms Delay Rental Provisions in Northup v. Chesapeake Appalachia

Date: Jun 9, 2009

Extending Oil-and-Gas Leases: Sixth Circuit Affirms Delay Rental Provisions in Northup v. Chesapeake Appalachia Introduction NORTHUP PROPERTIES, INC. v. CHESAPEAKE APPALACHIA, L.L.C., 567 F.3d 767...

Bedford v. Collins (6th Cir. 2009): Affirmation of Habeas Corpus Denial Amidst Juror Dismissals and Prosecutorial Conduct

Date: Jun 5, 2009

Bedford v. Collins (6th Cir. 2009): Affirmation of Habeas Corpus Denial Amidst Juror Dismissals and Prosecutorial Conduct Introduction Daniel Bedford, the petitioner-appellant, was convicted by a...

Gerald L. Brown v. Khelleh Konteh: Establishing Standards for Aggravated Robbery and Firearm Specifications under AEDPA

Date: Jun 3, 2009

Gerald L. Brown v. Khelleh Konteh: Establishing Standards for Aggravated Robbery and Firearm Specifications under AEDPA Introduction The case of Gerald L. Brown, Jr. v. Khelleh Konteh, decided by the...

Affirmation of Summary Judgment in Age Discrimination Case: Sokolnicki v. Cingular Wireless

Date: Jun 2, 2009

Affirmation of Summary Judgment in Age Discrimination Case: Sokolnicki v. Cingular Wireless Introduction In the landmark case of Margaret Sokolnicki v. Cingular Wireless, LLC, adjudicated by the...

Application of Qualified Immunity in Excessive Force Claims: Grawey v. Clare City Police

Date: May 29, 2009

Application of Qualified Immunity in Excessive Force Claims: Grawey v. Clare City Police Introduction The case of James Grawey and Dawn Wentworth v. T. Drury et al. presents a significant examination...

Sixth Circuit Clarifies Receiver Standing in Insurance Fraud: Wuliger v. Manufacturers Life Insurance Company

Date: May 29, 2009

Sixth Circuit Clarifies Receiver Standing in Insurance Fraud: Wuliger v. Manufacturers Life Insurance Company Introduction The case of Wuliger v. Manufacturers Life Insurance Company (USA), 567 F.3d...

State Actor Requirements in First Amendment §1983 Claims: Analysis of Gritton v. Disponett

Date: May 28, 2009

State Actor Requirements in First Amendment §1983 Claims: Analysis of Gritton v. Disponett Introduction In the appellate case Jerry Gritton v. William Disponett, et al. (332 F. App'x 232),...

Reversal of Summary Judgment in Gallagher v. C.H. Robinson Worldwide, Inc.: Establishing Robust Standards for Hostile Work Environment Claims

Date: May 23, 2009

Reversal of Summary Judgment in Gallagher v. C.H. Robinson Worldwide, Inc.: Establishing Robust Standards for Hostile Work Environment Claims Introduction The case of Julie Gallagher v. C.H. Robinson...

Promissory Estoppel Requires Clear and Unambiguous Promises: Commerce Benefits Group v. McKesson

Date: May 21, 2009

Promissory Estoppel Requires Clear and Unambiguous Promises: Commerce Benefits Group v. McKesson Introduction Commerce Benefits Group, Inc. (“CBG”) initiated a lawsuit against McKesson Corporation...

Affirmation of Firearms and Methamphetamine Manufacturing Convictions: Roberge v. United States

Date: May 21, 2009

Affirmation of Firearms and Methamphetamine Manufacturing Convictions: Roberge v. United States Introduction In the case of United States of America v. Gary Roberge, the defendant, Gary Roberge,...

Affirmation of Probable Cause and Sentencing Guidelines in U.S. v. Lee Henry Berry

Date: May 15, 2009

Affirmation of Probable Cause and Sentencing Guidelines in U.S. v. Lee Henry Berry (565 F.3d 332) Introduction United States v. Lee Henry Berry is a pivotal case decided by the United States Court of...

Requirement for Corroborating Evidence in Asylum Claims: Upholding the Substantial Evidence Standard in Yinggui Lin v. Holder

Date: May 15, 2009

Requirement for Corroborating Evidence in Asylum Claims: Upholding the Substantial Evidence Standard in Yinggui Lin v. Holder Introduction Yinggui Lin v. Eric H. Holder, Jr., United States Attorney...

Affirmation of Non-Dischargeability for Defalcation by Fiduciary Contractors under Section 523(a)(4): In re Patel

Date: May 13, 2009

Affirmation of Non-Dischargeability for Defalcation by Fiduciary Contractors under Section 523(a)(4): In re Patel Introduction The case of In re Sameer B. Patel, Debtor versus Shamrock Floorcovering...

Affirmation and Partial Reversal in Vesligaj v. Peterson: Implications for Default Judgments and Equity Interest Valuation

Date: May 12, 2009

Affirmation and Partial Reversal in Vesligaj v. Peterson: Implications for Default Judgments and Equity Interest Valuation Introduction The case of Mark Vesligaj v. Michael Peterson; Dialysis...

Retroactive Sentencing Adjustments Do Not Override Statutory Mandatory Minimums: Affirmation in United States v. Garrett Johnson

Date: May 6, 2009

Retroactive Sentencing Adjustments Do Not Override Statutory Mandatory Minimums: Affirmation in United States v. Garrett Johnson Introduction In the case of United States of America v. Garrett...

Vandiver v. Correctional Medical Services: Clarifying Exhaustion under the PLRA

Date: May 2, 2009

Vandiver v. Correctional Medical Services: Clarifying Exhaustion under the PLRA Introduction In Vandiver v. Correctional Medical Services, Inc., 326 F. App'x 885 (6th Cir. 2009), the United States...

Limits on Ineffective Assistance Claims: Post-Future-Law Arguments Under Strickland in Nichols v. United States

Date: Apr 30, 2009

Limits on Ineffective Assistance Claims: Post-Future-Law Arguments Under Strickland in Nichols v. United States Introduction In Nichols v. United States, the United States Court of Appeals for the...

Sovereign Immunity and Monetary Damages under RLUIPA: Cardinal v. Metrish

Date: Apr 25, 2009

Sovereign Immunity and Monetary Damages under RLUIPA: Cardinal v. Metrish Introduction Gerald William Cardinal v. Linda Metrish is a significant case decided by the United States Court of Appeals for...

HALL v. VASBINDER: Upholding Fifth Amendment Protections and Setting Standards for Habeas Relief

Date: Apr 23, 2009

HALL v. VASBINDER: Upholding Fifth Amendment Protections and Setting Standards for Habeas Relief Introduction HALL v. VASBINDER, 563 F.3d 222 (6th Cir. 2009), is a pivotal case adjudicated by the...

Sixth Circuit Upholds One-Year Statute of Limitations for 42 U.S.C. § 1983 Claims: Sha'rewa Bonner v. Da

Date: Apr 21, 2009

Sixth Circuit Upholds One-Year Statute of Limitations for 42 U.S.C. § 1983 Claims: Sha'rewa Bonner v. Da Introduction In the landmark case of Sha'rewa Bonner v. Da, the United States Court of Appeals...