6th Circuit Case Commentaries

Niswander v. Cincinnati Insurance: Defining the Scope of Protected Activity in Employment Retaliation

Date: Jun 25, 2008

Niswander v. Cincinnati Insurance: Defining the Scope of Protected Activity in Employment Retaliation Introduction Niswander v. Cincinnati Insurance Company, 529 F.3d 714 (6th Cir. 2008), is a...

Reaffirming Employer's Affirmative Defense in Hostile Work Environment Claims under Title VII

Date: Jun 25, 2008

Reaffirming Employer's Affirmative Defense in Hostile Work Environment Claims under Title VII Introduction The case of Deborah Thornton v. Federal Express Corporation d/b/a FedEx Express (530 F.3d...

Exhaustion of Administrative Remedies Under the Prison Litigation Reform Act: Insights from Henry D. Grinter v. Chad Knight

Date: Jun 20, 2008

Exhaustion of Administrative Remedies Under the Prison Litigation Reform Act: Insights from Henry D. Grinter v. Chad Knight Introduction The case of Henry D. Grinter v. Chad Knight, 532 F.3d 567 (6th...

Enhancing Due Process Protections for Voluntary Psychiatric Patients: Patricia Lanman v. Hinson et al.

Date: Jun 18, 2008

Enhancing Due Process Protections for Voluntary Psychiatric Patients: Patricia Lanman v. Hinson et al. Introduction The case of Patricia Lanman, Plaintiff-Appellee, v. Robert Hinson, James Siegfried,...

Sixth Circuit Clarifies Standards for Qualified Immunity and Excessive Force in Pretrial Detention

Date: Jun 11, 2008

Sixth Circuit Clarifies Standards for Qualified Immunity and Excessive Force in Pretrial Detention Introduction The case of Shaun Leary v. Livingston County et al. adjudicated by the United States...

Enforcement of Non-Commercial NCAA Rules Not Subject to Sherman Act: Sixth Circuit Upholds Dismissal in Bassett Case

Date: Jun 10, 2008

Enforcement of Non-Commercial NCAA Rules Not Subject to Sherman Act: Sixth Circuit Upholds Dismissal in Bassett Case Introduction The case of Claude L. Bassett v. The National Collegiate Athletic...

Rooker-Feldman Doctrine Applied in Bar Admission Denial: Lawrence v. Welch

Date: Jun 4, 2008

Rooker-Feldman Doctrine Applied in Bar Admission Denial: Lawrence v. Welch Introduction The case of Frank J. LAWRENCE, Jr. v. Janet K. WELCH, adjudicated by the United States Court of Appeals for the...

Affirming Disability Denial Despite Procedural Record Errors: Wilson v. SSA

Date: May 30, 2008

Affirming Disability Denial Despite Procedural Record Errors: Wilson v. SSA Introduction Wilson v. Commissioner of Social Security is a pivotal case decided by the United States Court of Appeals for...

Clarifying Materiality and Duty to Disclose: Sixth Circuit Affirms Dismissal in UAHC Securities Fraud Case

Date: May 28, 2008

Clarifying Materiality and Duty to Disclose: Sixth Circuit Affirms Dismissal in UAHC Securities Fraud Case Introduction The case of Gregory Zaluski et al. v. United American Healthcare Corporation...

Oral Sentence Supremacy and Statutory Limits in Sentencing: United States v. Penson

Date: May 28, 2008

Oral Sentence Supremacy and Statutory Limits in Sentencing: United States v. Penson Introduction United States v. George W. Penson, III is a landmark decision by the United States Court of Appeals...

Affirming Inmate Protections under the Equal Protection Clause: Brand v. Motley et al.

Date: May 24, 2008

Affirming Inmate Protections under the Equal Protection Clause: Brand v. Motley et al. (526 F.3d 921) Introduction The case of Dewayne Brand v. John D. Motley; Kathy Litteral; Michelle Vance, decided...

Waiver of Appeal on Sufficiency of Evidence in Conditional Pleas: Insights from United States v. Martin

Date: May 24, 2008

Waiver of Appeal on Sufficiency of Evidence in Conditional Pleas: Insights from United States v. Martin Introduction United States of America v. Kenneth Martin, 526 F.3d 926 (6th Cir. 2008), is a...

Affirmation of Non-Preclusive Effect of Arbitration in Statutory Disability Claims: Nance v. Goodyear

Date: May 24, 2008

Affirmation of Non-Preclusive Effect of Arbitration in Statutory Disability Claims: Nance v. Goodyear Introduction The case of Marcia B. Nance v. The Goodyear Tire & Rubber Company, 527 F.3d 539 (6th...

Affirming Trial Court Primacy in Batson Challenges with New Evidence: Harris v. Haebelin

Date: May 23, 2008

Affirming Trial Court Primacy in Batson Challenges with New Evidence: Harris v. Haebelin Introduction Harris v. Haebelin, 526 F.3d 903 (6th Cir. 2008), addresses the critical issue of racial...

Standards for Evaluating Prosecutorial Misconduct in Habeas Corpus Appeals: Cristini v. McKee

Date: May 23, 2008

Standards for Evaluating Prosecutorial Misconduct in Habeas Corpus Appeals: James Craig Cristini v. Ken McKee Introduction The case of James Craig Cristini v. Ken McKee (526 F.3d 888) adjudicated by...

Regulation of Sexually Oriented Businesses: Sixth Circuit Upholds Grand Rapids Ordinance under O'Brien Test

Date: May 21, 2008

Regulation of Sexually Oriented Businesses: Sixth Circuit Upholds Grand Rapids Ordinance under O'Brien Test Introduction The case of SENSATIONS, INC.; Lady Godiva's, Inc., and Little Red Barn Adult...

Hostile Work Environment Standards under Title VII: Insights from Bailey v. USF Holland, Inc.

Date: May 17, 2008

Hostile Work Environment Standards under Title VII: Insights from Bobby Bailey and Robert Smith v. USF Holland, Inc. Introduction The appellate case of Bobby Bailey and Robert Smith v. USF Holland,...

Severance in Joint Criminal Trials: Insights from United States v. Parks

Date: May 17, 2008

Severance in Joint Criminal Trials: Insights from United States v. Parks Introduction The case of United States of America v. Varian Malick Parks, adjudicated by the United States Court of Appeals...

Application of Daubert Standards in Antitrust Class Actions: In re Scrap Metal Antitrust Litigation

Date: May 16, 2008

Application of Daubert Standards in Antitrust Class Actions: In re Scrap Metal Antitrust Litigation Introduction In re Scrap Metal Antitrust Litigation, 527 F.3d 517 (6th Cir. 2008), represents a...

Affirmation of Dismissal Due to Statute of Limitations in Humphrey v. U.S. Attorney General's Office and Postal Service

Date: May 16, 2008

Affirmation of Dismissal Due to Statute of Limitations in Humphrey v. U.S. Attorney General's Office and Postal Service Introduction In the case of Robert J. Humphrey v. United States Attorney...