6th Circuit Case Commentaries

Da v. Lowe’s Home Centers: Establishing the Admissibility of Differential Diagnosis in Medical-Causation Expert Testimony

Date: Apr 17, 2009

Da v. Lowe’s Home Centers: Establishing the Admissibility of Differential Diagnosis in Medical-Causation Expert Testimony Introduction In Da v. Lowe’s Home Centers, Inc., the United States Court of...

Limitation of Statutory Damages Under TCPA and CSPA: Impact on Diversity Jurisdiction

Date: Apr 10, 2009

Limitation of Statutory Damages Under TCPA and CSPA: Impact on Diversity Jurisdiction Introduction The case of Philip Charvat v. GVN Michigan, Inc. (561 F.3d 623, 2009) addresses significant issues...

Affirmation of Firearm-Related Convictions: A Comprehensive Analysis of United States v. Clay

Date: Apr 9, 2009

Affirmation of Firearm-Related Convictions: A Comprehensive Analysis of United States v. Clay Introduction United States v. Celina May Clay is a landmark case adjudicated by the United States Court...

Sixth Circuit Expands EMTALA Liability to Estate Representatives in Moses v. Providence Hospital

Date: Apr 7, 2009

Sixth Circuit Expands EMTALA Liability to Estate Representatives in Moses v. Providence Hospital Introduction In the landmark case Johnella Richmond Moses v. Providence Hospital and Medical Centers,...

Affirmation of Non-Misleading Debt Collection Practices under the FDCPA: United States v. Javitch, Block Rathbone

Date: Apr 7, 2009

Affirmation of Non-Misleading Debt Collection Practices under the FDCPA: United States v. Javitch, Block Rathbone 1. Introduction In United States v. Javitch, Block Rathbone, 561 F.3d 588 (6th Cir....

Sixth Circuit Holds Violation of Collective Bargaining Agreement Not a Jurisdictional Prerequisite under §301 LMRA in Tackett v. M G Polymers

Date: Apr 4, 2009

Sixth Circuit Holds Violation of Collective Bargaining Agreement Not a Jurisdictional Prerequisite under §301 LMRA in Tackett v. M G Polymers Introduction The case of Tackett v. M G Polymers, USA,...

Establishing New Grounds for Hearsay Exceptions and Collateral Estoppel in Employment Discrimination Cases: Cobbins v. Tennessee Department of Transportation

Date: Apr 3, 2009

Establishing New Grounds for Hearsay Exceptions and Collateral Estoppel in Employment Discrimination Cases: Cobbins v. Tennessee Department of Transportation Introduction Gregory Cobbins v. Tennessee...

Reaffirmation of Constitutional Protections and Trial Fairness Standards in Clark v. United States

Date: Apr 3, 2009

Reaffirmation of Constitutional Protections and Trial Fairness Standards in Clark v. United States Introduction In the case of United States of America v. Jack L. Clark and Daniel Nixon (319 F. App'x...

Affirmation of BIA Decision Under Real ID Act: Sempagala v. Holder

Date: Apr 2, 2009

Affirmation of BIA Decision Under Real ID Act: Sempagala v. Holder Introduction In Nicholas Kimbugwe Sempagala v. Eric H. Holder, Jr., Attorney General of the United States (318 F. App'x 418, 6th...

Substantial Evidence Affirmed in Disability Determination: Lindsley v. SSA

Date: Apr 1, 2009

Substantial Evidence Affirmed in Disability Determination: Lindsley v. SSA Introduction In the case of George Lindsley v. Commissioner of Social Security, 560 F.3d 601 (6th Cir. 2009), George...

Affirmation of Police Officers' Convictions for Deprivation of Rights and Obstruction of Justice in United States v. Carson et al.

Date: Mar 31, 2009

Affirmation of Police Officers' Convictions for Deprivation of Rights and Obstruction of Justice in United States v. Carson et al. Introduction In the pivotal case of United States of America v....

Establishing the Boundaries of "New and Material Evidence" in Social Security Disability Appeals

Date: Mar 28, 2009

Establishing the Boundaries of "New and Material Evidence" in Social Security Disability Appeals Introduction The case of Almon Dale Allen v. Commissioner of Social Security (561 F.3d 646)...

Clarifying the Burden of Proof in Summary Judgment for Disparate Treatment Claims: Sybrandt v. Home Depot

Date: Mar 27, 2009

Clarifying the Burden of Proof in Summary Judgment for Disparate Treatment Claims: Sybrandt v. Home Depot Introduction The case of Sharon Turnbull Sybrandt v. Home Depot, U.S.A., Inc. revolves around...

In-Person Requirement for Parole Hearings Established in Terrell v. United States

Date: Mar 27, 2009

In-Person Requirement for Parole Hearings Established in Terrell v. United States Introduction The case of Sammy Lee Terrell v. United States of America, decided by the United States Court of Appeals...

Affirmation of Aiding and Abetting Conviction: Standards for Substitution of Counsel and Obstruction of Justice Enhancements

Date: Mar 24, 2009

Affirmation of Aiding and Abetting Conviction: Standards for Substitution of Counsel and Obstruction of Justice Enhancements Introduction The case of United States of America v. Alfredo Delapaz...

Federal Railway Safety Act Preemption of FELA Claims Concerning Track Ballast

Date: Mar 19, 2009

Federal Railway Safety Act Preemption of FELA Claims Concerning Track Ballast Introduction Stanley R. Nickels and Donald C. Cooper, former employees of Grand Trunk Western Railroad and CSX...

Redefining "Crime of Violence" in Sentencing: The Ford Decision

Date: Mar 19, 2009

Redefining "Crime of Violence" in Sentencing: The Ford Decision Introduction United States of America v. Jeffrey Lyndale Ford is a landmark decision by the United States Court of Appeals for the...

Dismissing FDCPA Claims in Foreclosure Actions: Insights from Whittiker v. Deutsche Bank

Date: Mar 18, 2009

Dismissing FDCPA Claims in Foreclosure Actions: Insights from Whittiker v. Deutsche Bank Introduction The case of Jerry A. Whittiker, et al. v. Deutsche Bank National Trust Company, et al. (605 F....

Clarifying "Crime of Violence" in Career Offender Enhancements: United States v. Baker

Date: Mar 17, 2009

Clarifying "Crime of Violence" in Career Offender Enhancements: United States v. Baker Introduction United States v. Myron Baker, 559 F.3d 443 (6th Cir. 2009), addresses significant aspects of...

Affirmation of Denial of Ineffective Assistance of Counsel in Capital Cases: Cornwell v. Bradshaw

Date: Mar 12, 2009

Affirmation of Denial of Ineffective Assistance of Counsel in Capital Cases: Cornwell v. Bradshaw Introduction Cornwell v. Bradshaw is a pivotal case adjudicated by the United States Court of Appeals...