6th Circuit Case Commentaries

Sufficiency of Evidence in Habeas Corpus Appeals: Saxton v. Sheets

Date: Nov 21, 2008

Sufficiency of Evidence in Habeas Corpus Appeals: Saxton v. Sheets Introduction The case of Anthony L. Saxton v. Michael Sheets (547 F.3d 597) presents a critical examination of the sufficiency of...

Reaffirming Tellabs: Sixth Circuit Establishes Correct 'Strong Inference' Standard for Scienter in Securities Fraud Cases

Date: Nov 20, 2008

Reaffirming Tellabs: Sixth Circuit Establishes Correct 'Strong Inference' Standard for Scienter in Securities Fraud Cases Introduction The case of Howard Frank, Individually and On Behalf of All...

No Liberty Interest in Parole Date Under Ohio Law: A Comprehensive Commentary on Nolen Bell v. Carl S. Anderson

Date: Nov 19, 2008

No Liberty Interest in Parole Date Under Ohio Law: A Comprehensive Commentary on Nolen Bell v. Carl S. Anderson Introduction Nolen Bell v. Carl S. Anderson is a significant case adjudicated by the...

Affirmation of Summary Judgment in Whitehead v. Bowen: Establishing Officer Identification and Timeliness of Appeals

Date: Nov 19, 2008

Affirmation of Summary Judgment in Whitehead v. Bowen: Establishing Officer Identification and Timeliness of Appeals Introduction Case: James Whitehead, Plaintiff-Appellant, v. Neil Bowen,...

Affirmation of U.S.S.G. § 3B1.1(a) Enhancement: United States v. Felix Walls

Date: Nov 14, 2008

Affirmation of U.S.S.G. § 3B1.1(a) Enhancement: United States v. Felix Walls Introduction The case of United States of America v. Felix Walls (546 F.3d 728) represents a pivotal judicial decision by...

Upholding Miranda Rights and AEDPA Standards: Comprehensive Commentary on Davie v. Mitchell

Date: Nov 13, 2008

Upholding Miranda Rights and AEDPA Standards: Comprehensive Commentary on Davie v. Mitchell Introduction The case of Roderick Davie v. Betty Mitchell, Warden, adjudicated by the United States Court...

Enhancing Deference to Treating Physicians in Social Security Disability Determinations

Date: Nov 6, 2008

Enhancing Deference to Treating Physicians in Social Security Disability Determinations Introduction The case of Karen Germany-Johnson v. Commissioner of Social Security (313 F. App'x 771, 2008)...

Double Jeopardy Protections and Administrative Sanctions: Insights from U.S.A. v. Simpson

Date: Nov 5, 2008

Double Jeopardy Protections and Administrative Sanctions: Insights from U.S.A. v. Simpson Introduction United States of America v. George Hubert Simpson, 546 F.3d 394 (6th Cir. 2008), represents a...

Fourth Amendment Rights in Private Security Detentions: Manley v. Paramount's Kings Island

Date: Nov 4, 2008

Fourth Amendment Rights in Private Security Detentions: Manley v. Paramount's Kings Island Introduction Case: Tabatha C. Manley, Plaintiff-Appellant, v. Paramount's Kings Island, et al.,...

Affirming Residual Functional Capacity and Occupational Availability in Disability Determinations: McGlothin v. Commissioner

Date: Nov 1, 2008

Affirming Residual Functional Capacity and Occupational Availability in Disability Determinations: McGlothin v. Commissioner Introduction In the case of Rebecca McGlothin v. Commissioner of Social...

Nader v. Blackwell: Sixth Circuit on First Amendment Rights and Qualified Immunity in Ballot Access Regulations

Date: Oct 30, 2008

Nader v. Blackwell: Sixth Circuit on First Amendment Rights and Qualified Immunity in Ballot Access Regulations Introduction In the landmark case Ralph Nader v. J. Kenneth Blackwell, the United...

Enhancing Firearm Trafficking Penalties: Use of Firearms in Drug Transactions Under 18 U.S.C. §924(c) Affirmed in United States v. Kuehne

Date: Oct 29, 2008

Enhancing Firearm Trafficking Penalties: Use of Firearms in Drug Transactions Under 18 U.S.C. §924(c) Affirmed in United States v. Kuehne Introduction United States v. John David Kuehne, Jr., 547...

RICO Claims Not Preempted by Worker’s Compensation Laws Under McCarran-Ferguson Act

Date: Oct 24, 2008

RICO Claims Not Preempted by Worker’s Compensation Laws Under McCarran-Ferguson Act Introduction The case of Paul BROWN et al. v. CASSENS TRANSPORT CO., Crawford Company, and Dr. Saul Margules (546...

Affirmation of Summary Judgment in ADEA Age Discrimination Case: Jo Ann Allen & Debra Slone v. Highlands Hospital Corporation

Date: Oct 22, 2008

Affirmation of Summary Judgment in ADEA Age Discrimination Case: Jo Ann Allen & Debra Slone v. Highlands Hospital Corporation Introduction The case of Jo Ann Allen and Debra Slone v. Highlands...

Reversal in Sexual Harassment and Retaliation Claims under Title VII and THRA

Date: Oct 21, 2008

Reversal in Sexual Harassment and Retaliation Claims under Title VII and THRA Introduction Christina Howington v. Quality Restaurant Concepts, LLC and Tyler Kirk is a pivotal case decided by the...

Maintaining Conviction While Requiring Proper Sentencing Justification: Henry v. United States

Date: Oct 18, 2008

Maintaining Conviction While Requiring Proper Sentencing Justification: Henry v. United States Introduction The case of United States of America v. Roderick Henry (545 F.3d 367) adjudicated by the...

Establishing Probable Cause Through Totality of Circumstances: Analysis of United States v. Williams

Date: Oct 17, 2008

Establishing Probable Cause Through Totality of Circumstances: Analysis of United States v. Williams Introduction In United States v. Williams, the United States Court of Appeals for the Sixth...

Direct Evidence of Retaliatory Discharge under FMLA Overcomes Summary Judgment: Daugherty v. Sajar Plastics

Date: Oct 17, 2008

Direct Evidence of Retaliatory Discharge under FMLA Overcomes Summary Judgment: Daugherty v. Sajar Plastics Introduction The case of James Daugherty v. Sajar Plastics, Inc. (544 F.3d 696) adjudicated...

Excessive Force and Qualified Immunity: An Analysis of Landis v. Keiser

Date: Oct 17, 2008

Excessive Force and Qualified Immunity: An Analysis of Landis v. Keiser Introduction The case of Amanda Landis, Personal Representative of the Estate of Charles Christopher Keiser, Deceased v. Jason...

HECK v. HUMPHREY Not a Barrier for §1983 Claims in Absence of Conviction: Sixth Circuit Affirms Grant County Board of Education's Summary Judgment

Date: Oct 11, 2008

HECK v. HUMPHREY Not a Barrier for §1983 Claims in Absence of Conviction: Sixth Circuit Affirms Grant County Board of Education's Summary Judgment Introduction The case S.E., as Next Friend of A.E.;...