6th Circuit Case Commentaries

Inquiry Notice Standard Upheld for Statute of Limitations in Securities Fraud Actions

Date: Jul 10, 2003

Inquiry Notice Standard Upheld for Statute of Limitations in Securities Fraud Actions Introduction The case of New England Health Care Employees Pension Fund v. Ernst Young, LLP, decided by the...

Sixth Circuit Clarifies Standards for Vacating Arbitration Awards Based on Alleged Fraud in Labor Relations

Date: Jul 8, 2003

Sixth Circuit Clarifies Standards for Vacating Arbitration Awards Based on Alleged Fraud in Labor Relations Introduction In the landmark case of International Brotherhood of Teamsters, Local 519 v....

Da v. d L. Garrison: Clarifying the Standards for Duty of Fair Representation in Hybrid §301 Actions

Date: Jul 8, 2003

Da v. d L. Garrison: Clarifying the Standards for Duty of Fair Representation in Hybrid §301 Actions Introduction In the landmark case of Da v. d L. Garrison, the United States Court of Appeals for...

Regalado v. United States: Reinforcing Standards for Ineffective Assistance of Counsel and Interpretations of Apprendi

Date: Jul 8, 2003

Regalado v. United States: Reinforcing Standards for Ineffective Assistance of Counsel and Interpretations of Apprendi Introduction Elda San Juanita Regalado v. United States of America is a pivotal...

Shaw v. Vakilian: Defining the Boundaries of Absolute and Qualified Immunity in Fourth and Fourteenth Amendment Claims

Date: Jul 3, 2003

Shaw v. Vakilian: Defining the Boundaries of Absolute and Qualified Immunity in Fourth and Fourteenth Amendment Claims Introduction Shaw v. Vakilian, 335 F.3d 509 (6th Cir. 2003), is a pivotal case...

Mallett v. United States: Clarifying the Application of the Rule of Lenity in Sentencing Guidelines

Date: Jul 2, 2003

Mallett v. United States: Clarifying the Application of the Rule of Lenity in Sentencing Guidelines Introduction Donald Mallett appealed his conviction and sentencing decisions to the United States...

Balancing First Amendment Rights and Trademark Protections: Insights from ETW Corporation v. Jireh Publishing, Inc.

Date: Jun 21, 2003

Balancing First Amendment Rights and Trademark Protections: Insights from ETW Corporation v. Jireh Publishing, Inc. Introduction In the landmark case of ETW Corporation v. Jireh Publishing, Inc., the...

Public Disclosure Bar in Qui Tam Actions: Insights from Dingle v. BioPort

Date: Jun 19, 2003

Public Disclosure Bar in Qui Tam Actions: Insights from Dingle v. BioPort Introduction In the realm of whistleblower law, the False Claims Act (FCA) serves as a pivotal tool for private individuals,...

Prosecutorial Immunity and Statute of Limitations in Federal Wiretap Act: Lanier v. Bryant

Date: Jun 18, 2003

Prosecutorial Immunity and Statute of Limitations in Federal Wiretap Act: Lanier v. Bryant Introduction In the case of David W. Lanier v. Ed Bryant, decided by the United States Court of Appeals for...

Enforceability and Jurisdictional Constraints of Arbitration Clauses: Inland Bulk v. Cummins Engine

Date: Jun 18, 2003

Enforceability and Jurisdictional Constraints of Arbitration Clauses: Inland Bulk v. Cummins Engine Introduction Inland Bulk Transfer Co. v. Cummins Engine Co., et al., 332 F.3d 1007 (6th Cir. 2003),...

Settlement Privilege Affirmed: Sixth Circuit's Landmark Decision in Goodyear v. Chiles

Date: Jun 17, 2003

Settlement Privilege Affirmed: Sixth Circuit's Landmark Decision in Goodyear v. Chiles Introduction The case of The GOODYEAR TIRE RUBBER COMPANY v. CHILES POWER SUPPLY, INC., adjudicated by the...

Per Se Illegality of Horizontal Agreements to Delay Market Entry in Antitrust Litigation: Commentary on IN RE CARDIZEM CD ANTITRUST LITIGATION

Date: Jun 14, 2003

Per Se Illegality of Horizontal Agreements to Delay Market Entry in Antitrust Litigation: Commentary on IN RE CARDIZEM CD ANTITRUST LITIGATION Introduction The case of In re: CARDIZEM CD ANTITRUST...

Strict Enforcement of PLRA Exhaustion Requirements Confirmed by Sixth Circuit

Date: Jun 12, 2003

Strict Enforcement of PLRA Exhaustion Requirements Confirmed by Sixth Circuit Introduction The case of Jerry L. Cox v. Jan Mayer, Dr. (332 F.3d 422) adjudicated by the United States Court of Appeals...

Affirmation of Conspiracy Convictions: Standards for Apprendi Compliance and Sentencing in the Sixth Circuit

Date: Jun 12, 2003

Affirmation of Conspiracy Convictions: Standards for Apprendi Compliance and Sentencing in the Sixth Circuit Introduction In the landmark case United States of America v. Brian Brown and Kevin...

Affirmation of Felon Firearm Possession Conviction: Analysis of Speedy Trial and Confrontation Rights in United States v. Schreane

Date: Jun 10, 2003

Affirmation of Felon Firearm Possession Conviction: Analysis of Speedy Trial and Confrontation Rights in United States v. Schreane Introduction In United States v. Schreane, 331 F.3d 548 (6th Cir....

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6th Circuit Case Commentaries

Inquiry Notice Standard Upheld for Statute of Limitations in Securities Fraud Actions

Sixth Circuit Clarifies Standards for Vacating Arbitration Awards Based on Alleged Fraud in Labor Relations

Da v. d L. Garrison: Clarifying the Standards for Duty of Fair Representation in Hybrid §301 Actions

Regalado v. United States: Reinforcing Standards for Ineffective Assistance of Counsel and Interpretations of Apprendi

Shaw v. Vakilian: Defining the Boundaries of Absolute and Qualified Immunity in Fourth and Fourteenth Amendment Claims

Mallett v. United States: Clarifying the Application of the Rule of Lenity in Sentencing Guidelines

Balancing First Amendment Rights and Trademark Protections: Insights from ETW Corporation v. Jireh Publishing, Inc.

Public Disclosure Bar in Qui Tam Actions: Insights from Dingle v. BioPort

Prosecutorial Immunity and Statute of Limitations in Federal Wiretap Act: Lanier v. Bryant

Enforceability and Jurisdictional Constraints of Arbitration Clauses: Inland Bulk v. Cummins Engine

Settlement Privilege Affirmed: Sixth Circuit's Landmark Decision in Goodyear v. Chiles

Per Se Illegality of Horizontal Agreements to Delay Market Entry in Antitrust Litigation: Commentary on IN RE CARDIZEM CD ANTITRUST LITIGATION

Strict Enforcement of PLRA Exhaustion Requirements Confirmed by Sixth Circuit

Affirmation of Conspiracy Convictions: Standards for Apprendi Compliance and Sentencing in the Sixth Circuit

Affirmation of Felon Firearm Possession Conviction: Analysis of Speedy Trial and Confrontation Rights in United States v. Schreane

Enhancing Interpretation of ERISA's Election Period: Shields v. Reader's Digest Association, Inc.

State Use of Social Security Benefits as Representative Payee: Sixth Circuit Establishes Precedent Post-Keffeler

Protecting Mixed Speech: Sixth Circuit Reverses Summary Judgment in First Amendment Retaliation Case

Habich v. City of Dearborn: Federal Court Retains Jurisdiction Over Equal Protection and Due Process Claims

Attribution of Private Actors as State Actors in Due Process Claims: Wittstock v. Van Sile