6th Circuit Case Commentaries

Supervised Release Revocation and Sentencing Guidelines: Insights from United States v. Kontrol

Date: Feb 13, 2009

Supervised Release Revocation and Sentencing Guidelines: Insights from United States v. Kontrol Introduction United States v. Miklos Kontrol, 554 F.3d 1089 (6th Cir. 2009), is a pivotal case that...

Affirmation of Summary Judgment in RESPA Class Action: Statute of Limitations and Referral Requirements

Date: Feb 13, 2009

Affirmation of Summary Judgment in RESPA Class Action: Statute of Limitations and Referral Requirements Introduction In the case of Stephen Egerer, et al. v. Woodland Realty, Inc., et al., the United...

Ensuring Effective Deterrence in Rule 11 and § 1927 Sanctions: Rentz v. Warfield Defendants

Date: Feb 12, 2009

Ensuring Effective Deterrence in Rule 11 and § 1927 Sanctions: Rentz v. Warfield Defendants Introduction Rentz v. Warfield Defendants, 556 F.3d 389 (6th Cir. 2009), establishes critical precedent in...

Affirmation of Disability Claim Denial Based on Substantial Evidence and Credibility Evaluation: Byron Hash v. Commissioner of Social Security

Date: Feb 11, 2009

Affirmation of Disability Claim Denial Based on Substantial Evidence and Credibility Evaluation: Byron Hash v. Commissioner of Social Security Introduction Byron Hash, a 55-year-old former pattern...

Affirmation of the Tortious Act Exception to Foreign Sovereign Immunity in Clergy Abuse Cases: O'BRYAN v. HOLY SEE

Date: Feb 11, 2009

Affirmation of the Tortious Act Exception to Foreign Sovereign Immunity in Clergy Abuse Cases: O'BRYAN v. HOLY SEE Introduction In the landmark case of James H. O'Bryan, Donald E. Poppe, and Michael...

Affirmation of Brady Violation in Habeas Corpus Under the Sixth Circuit: Harris v. Lafler

Date: Jan 31, 2009

Affirmation of Brady Violation in Habeas Corpus Under the Sixth Circuit: Harris v. Lafler 1. Introduction Harris v. Lafler, 553 F.3d 1028 (6th Cir. 2009), is a pivotal case that addresses the...

No Duty for Secondary Asbestos Exposure Established in Da v. d Martin

Date: Jan 28, 2009

No Duty for Secondary Asbestos Exposure Established in Da v. d MARTIN, Executor of the Estate of Dennis B. Martin Introduction The case of David MARTIN, Executor of the Estate of Dennis B. Martin v....

Reinterpretation of Vesting of Retiree Medical Benefits under Section 301(a): Winnett v. Caterpillar Decision

Date: Jan 28, 2009

Reinterpretation of Vesting of Retiree Medical Benefits under Section 301(a): Winnett v. Caterpillar Decision Introduction In Winnett v. Caterpillar, Inc., the United States Court of Appeals for the...

Sanctions for Frivolous Employment Claims: Garner v. Cuyahoga County Juvenile Court

Date: Jan 23, 2009

Sanctions for Frivolous Employment Claims: Garner v. Cuyahoga County Juvenile Court Introduction The case Garner et al. v. Cuyahoga County Juvenile Court et al. (554 F.3d 624) was adjudicated by the...

Stacking of Underinsured Motorist Coverage Based on Risk-Adjusted Premiums: Pennington v. State Farm

Date: Jan 22, 2009

Stacking of Underinsured Motorist Coverage Based on Risk-Adjusted Premiums: Pennington v. State Farm Introduction The case of Dennis Pennington and Sharon Pennington v. State Farm Mutual Automobile...

Sufficiency of Evidence in Constructive Firearm Possession: Insights from United States v. Bailey

Date: Jan 21, 2009

Sufficiency of Evidence in Constructive Firearm Possession: Insights from United States v. Bailey Introduction United States v. Terrell R. Bailey, 553 F.3d 940 (6th Cir. 2009), presents a pivotal...

Issue Preclusion Upholds Summary Judgment in Section 1983 Action: Flowers v. City of Detroit

Date: Jan 17, 2009

Issue Preclusion Upholds Summary Judgment in Section 1983 Action: Flowers v. City of Detroit Introduction Flowers v. City of Detroit is a significant case adjudicated by the United States Court of...

Public Disclosure Prevails: Jurisdictional Bar Under the False Claims Act in Poteet v. Medtronic

Date: Jan 15, 2009

Public Disclosure Prevails: Jurisdictional Bar Under the False Claims Act in Poteet v. Medtronic Introduction In the landmark case Jacqueline Kay Poteet v. Medtronic, Inc. et al., the United States...

Defining the Boundaries of Hostile Work Environment and Retaliation under Title VII: Insights from Ladd v. Grand Trunk Western Railroad

Date: Jan 15, 2009

Defining the Boundaries of Hostile Work Environment and Retaliation under Title VII: Insights from Ladd v. Grand Trunk Western Railroad Introduction The case Christine M. Ladd v. Grand Trunk Western...

Affirmation of Long-Term Possession Conviction under the Child Pornography Protection Act and Sentencing Enhancements in Paull v. United States

Date: Jan 10, 2009

Affirmation of Long-Term Possession Conviction under the Child Pornography Protection Act and Sentencing Enhancements in Paull v. United States Introduction In United States of America v. Jerry...

Non-Custodial Home Interrogation Does Not Trigger Miranda Suppression: United States v. Panak

Date: Jan 10, 2009

Non-Custodial Home Interrogation Does Not Trigger Miranda Suppression: United States v. Panak Introduction In United States v. Panak, 552 F.3d 462 (6th Cir. 2009), the United States Court of Appeals...

GUNASEKERA v. IRWIN & Krendl: Establishing Due Process Protections for Academic Faculty

Date: Jan 9, 2009

GUNASEKERA v. IRWIN & Krendl: Establishing Due Process Protections for Academic Faculty Introduction GUNASEKERA v. IRWIN and Krendl (551 F.3d 461) is a pivotal case adjudicated by the United States...

Affirming Probable Cause Standards in Drug Trafficking: Insights from United States v. Gunter

Date: Jan 9, 2009

Affirming Probable Cause Standards in Drug Trafficking: Insights from United States v. Gunter Introduction In the landmark case United States of America v. Michael Charles Gunter, 551 F.3d 472 (6th...

Murphy v. State of Ohio: Affirmation of AEDPA Standards and Upholding Legal Principles in Habeas Corpus Proceedings

Date: Jan 9, 2009

Murphy v. State of Ohio: Affirmation of AEDPA Standards and Upholding Legal Principles in Habeas Corpus Proceedings Introduction In the landmark case of Joseph D. Murphy v. State of Ohio (551 F.3d...

Affirming Federal Disbarment: Due Process and the Rooker-Feldman Doctrine in Legal Discipline

Date: Jan 7, 2009

Affirming Federal Disbarment: Due Process and the Rooker-Feldman Doctrine in Legal Discipline Introduction In the case of In re Linda S. Cook, 551 F.3d 542 (6th Cir. 2009), the United States Court of...