6th Circuit Case Commentaries

Franklin v. Anderson: Sixth Circuit Establishes Standards for Overcoming Procedural Default through Ineffective Assistance

Date: Jan 10, 2006

Franklin v. Anderson: Sixth Circuit Establishes Standards for Overcoming Procedural Default through Ineffective Assistance Introduction George T. Franklin was convicted in December 1988 for two...

Ratification of Authority and Application of the Economic-Loss Rule Affirmed in PAVLOVICH v. NATIONAL CITY BANK

Date: Jan 10, 2006

Ratification of Authority and Application of the Economic-Loss Rule Affirmed in PAVLOVICH v. NATIONAL CITY BANK Introduction The case of Lauren M. PAVLOVICH v. NATIONAL CITY BANK (435 F.3d 560)...

Qualified Immunity Affirmed in Fourth Amendment Search Warrant Case: Armstrong v. City of Melvindale

Date: Jan 7, 2006

Qualified Immunity Affirmed in Fourth Amendment Search Warrant Case: Armstrong v. City of Melvindale Introduction In Armstrong v. City of Melvindale, 432 F.3d 695 (6th Cir. 2006), the United States...

Limits of State-Created-Danger Liability in School Settings Under §1983

Date: Jan 6, 2006

Limits of State-Created-Danger Liability in School Settings Under §1983 Introduction Veronica McQueen v. Beecher Community Schools et al., 433 F.3d 460 (6th Cir. 2006) presents a poignant exploration...

Impact of UNITED STATES v. BOOKER on Sentencing: Analysis of United States v. Hang Le-Thy Tran

Date: Jan 6, 2006

Impact of UNITED STATES v. BOOKER on Sentencing: Analysis of United States v. Hang Le-Thy Tran, 433 F.3d 472 (6th Cir. 2006) Introduction United States v. Hang Le-Thy Tran, 433 F.3d 472 (6th Cir....

Sixth Circuit Reverses Privity Requirement for Implied-Warranty Claims under Michigan Law

Date: Jan 6, 2006

Sixth Circuit Reverses Privity Requirement for Implied-Warranty Claims under Michigan Law Introduction In the landmark case Al v. Ry PACK, 434 F.3d 810 (6th Cir. 2006), the United States Court of...

Affirmation of Summary Judgment in Absence of Agency Relationship and Procedural Compliance: Brainard v. ASLAC

Date: Dec 29, 2005

Affirmation of Summary Judgment in Absence of Agency Relationship and Procedural Compliance: Brainard v. ASLAC Introduction The case of Timothy Brainard, et al. v. American Skandia Life Assurance...

Strict Adherence to Appellate Deadlines Affirmed in Bowles v. Russell

Date: Dec 29, 2005

Strict Adherence to Appellate Deadlines Affirmed in Bowles v. Russell Introduction Keith Bowles v. Harry Russell (432 F.3d 668), adjudicated by the United States Court of Appeals for the Sixth...

Affirmation of First-to-File Bar in False Claims Act Qui Tam Action: Walburn v. Lockheed Martin

Date: Dec 21, 2005

Affirmation of First-to-File Bar in False Claims Act Qui Tam Action: Walburn v. Lockheed Martin Introduction In Jeff Walburn v. Lockheed Martin Corporation, adjudicated by the United States Court of...

Affirmation of Denial for Substitute Counsel and Upholding Admissibility of Identification Evidence in Sullivan v. United States

Date: Dec 21, 2005

Affirmation of Denial for Substitute Counsel and Upholding Admissibility of Identification Evidence in Sullivan v. United States Introduction Sullivan v. United States, 431 F.3d 976 (6th Cir. 2005),...

TriHealth v. Board of Commissioners: Affirming Rational Basis in Equal Protection and Due Process Claims

Date: Dec 15, 2005

TriHealth v. Board of Commissioners: Affirming Rational Basis in Equal Protection and Due Process Claims Introduction In the landmark case TriHealth, Inc., et al. v. Board of Commissioners, Hamilton...

Establishing the Unconstitutionality of Patronage Dismissals: Caudill v. Hollan

Date: Dec 15, 2005

Establishing the Unconstitutionality of Patronage Dismissals: Caudill v. Hollan Introduction In Caudill, et al. v. Hollan, the United States Court of Appeals for the Sixth Circuit addressed critical...

Affirmation of Qualified Immunity in Police Use of Deadly Force: Romeo v. Untalan

Date: Dec 8, 2005

Affirmation of Qualified Immunity in Police Use of Deadly Force: Romeo v. Untalan Introduction Romeo v. Untalan is a pivotal case adjudicated by the United States Court of Appeals for the Sixth...

Heightened Scrutiny of Juror Impartiality in Death Penalty Sentencing: White v. Mitchell

Date: Dec 8, 2005

Heightened Scrutiny of Juror Impartiality in Death Penalty Sentencing: White v. Mitchell Introduction The case of Maxwell D. White, Jr. v. Betty Mitchell, adjudicated by the United States Court of...

Navigating the Confrontation Clause and Hearsay Exceptions: Analysis of United States v. Hadley

Date: Dec 7, 2005

Navigating the Confrontation Clause and Hearsay Exceptions: Analysis of United States v. Hadley Introduction In the case of United States v. Jerome Hadley (431 F.3d 484), the United States Court of...

Good Faith Exception Reinforced in Warrant-Related Searches: United States v. Ke

Date: Dec 3, 2005

Good Faith Exception Reinforced in Warrant-Related Searches: United States v. Ke Introduction In the landmark case of United States v. Ke (444 F.3d 556), the United States Court of Appeals for the...

Clarifying Qualified Immunity in Excessive Force Cases: Smith v. Cupp

Date: Dec 3, 2005

Clarifying Qualified Immunity in Excessive Force Cases: Smith v. Cupp Introduction In the landmark case of Smith v. Cupp, the United States Court of Appeals for the Sixth Circuit addressed critical...

Constructive Entry and Warrantless Arrest: A Comprehensive Analysis of United States v. Thomas

Date: Dec 2, 2005

Constructive Entry and Warrantless Arrest: A Comprehensive Analysis of United States v. Thomas Introduction In the landmark case of United States v. Christopher Todd Thomas, adjudicated by the United...

Clarifying Dual Offenses under 18 U.S.C. § 924(c): Savoires v. United States

Date: Dec 1, 2005

Clarifying Dual Offenses under 18 U.S.C. § 924(c): Savoires v. United States Introduction UNITED STATES of America v. Jermaine Savoires, 430 F.3d 376 (6th Cir. 2005), presents a pivotal appellate...

Establishing Evident Partiality Standards for Arbitration Vacatur under the Federal Arbitration Act

Date: Nov 30, 2005

Establishing Evident Partiality Standards for Arbitration Vacatur under the Federal Arbitration Act Introduction The case of Nationwide Mutual Insurance Company v. Home Insurance Company, adjudicated...

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