6th Circuit Case Commentaries

Affirmation of Summary Judgment in Prisoner's §1983 Claims: A Comprehensive Analysis of Lockett v. Suardini et al.

Date: May 15, 2008

Affirmation of Summary Judgment in Prisoner's §1983 Claims: A Comprehensive Analysis of Lockett v. Suardini et al. Introduction In James A. Lockett v. Joseph Suardini, Harry Irvine, Nancy Blackford,...

Marlar v. BWXT Y-12: New Clarifications on Retaliation Claims under the False Claims Act

Date: May 14, 2008

Marlar v. BWXT Y-12: New Clarifications on Retaliation Claims under the False Claims Act Introduction In the landmark case United States of America, ex rel. Claudia Marlar; and Claudia Marlar,...

Sovereign Immunity Confirmed in Escrow Fund Enforcement under the Master Settlement Agreement

Date: May 14, 2008

Sovereign Immunity Confirmed in Escrow Fund Enforcement under the Master Settlement Agreement Introduction In the appellate decision S M Brands, Inc.; International Tobacco Partners, Ltd. v. Robert...

Duration and Nature of Administrative Segregation: Establishing a Protected Liberty Interest under Due Process

Date: May 13, 2008

Duration and Nature of Administrative Segregation: Establishing a Protected Liberty Interest under Due Process Introduction Cary Harden-Bey v. Rutter, et al., 524 F.3d 789 (6th Cir. 2008), is a...

Hague-Visby Rules Affirmed Over COGSA in Multimodal Maritime Contracts: Analyzing ROYAL INSURANCE COMPANY OF AMERICA; Ford Motor Company v. ORIENT OVERSEAS CONTAINER LINE LTD.

Date: May 9, 2008

Hague-Visby Rules Affirmed Over COGSA in Multimodal Maritime Contracts Introduction In the landmark case ROYAL INSURANCE COMPANY OF AMERICA; Ford Motor Company v. ORIENT OVERSEAS CONTAINER LINE LTD....

Strengthening Antitrust Enforcement on Exclusive-Dealing Arrangements and Frivolous Appeals: B H Medical LLC v. ABP Administration

Date: May 8, 2008

Strengthening Antitrust Enforcement on Exclusive-Dealing Arrangements and Frivolous Appeals: B H Medical LLC v. ABP Administration Introduction The case of B H MEDICAL, L.L.C., a Michigan limited...

Affirmation of Younger Abstention Doctrine in FIEGER v. COX (2008)

Date: May 7, 2008

Affirmation of Younger Abstention Doctrine in FIEGER v. COX (2008) Introduction In the case of Fieger et al. v. Cox et al., decided by the United States Court of Appeals for the Sixth Circuit on May...

Access Group Breach of Contract: Sixth Circuit Establishes Good Faith Requirement in Student Loan Agreements

Date: May 3, 2008

Access Group Breach of Contract: Sixth Circuit Establishes Good Faith Requirement in Student Loan Agreements Introduction In the landmark case of Jill B. Savedoff v. Access Group, Inc., the United...

Reevaluating Fourth Amendment Protections in Traffic Stops: United States v. Marcus Blair (6th Cir. 2008)

Date: May 3, 2008

Reevaluating Fourth Amendment Protections in Traffic Stops: United States v. Marcus Blair (6th Cir. 2008) Introduction In the case of United States of America v. Marcus Blair, the United States Court...

Affirmation of AEDPA Standards in the Wake of Brady Violations: Johnson v. Bell

Date: Apr 30, 2008

Affirmation of AEDPA Standards in the Wake of Brady Violations: Johnson v. Bell Introduction Cecil C. Johnson, Jr. v. Ricky Bell is a pivotal case adjudicated by the United States Court of Appeals...

Final Judgment Rule Reinforced: Non-Appealability of Vacated Summary Judgments and Receiverships in In re Gregory SAFFADY

Date: Apr 23, 2008

Final Judgment Rule Reinforced: Non-Appealability of Vacated Summary Judgments and Receiverships in In re Gregory SAFFADY Introduction The case of In re Gregory SAFFADY, Court-appointed Receiver,...

Scope of EEOC Investigation and Pretext Analysis in Employment Discrimination: Scott v. Eastman Chemical Company

Date: Apr 23, 2008

Scope of EEOC Investigation and Pretext Analysis in Employment Discrimination: Scott v. Eastman Chemical Company Introduction In the case of Rosia L. Scott v. Eastman Chemical Company, heard by the...

Affirmation of the Lodestar Method for Calculating Attorneys' Fees Under the Black Lung Benefits Act

Date: Apr 17, 2008

Affirmation of the Lodestar Method for Calculating Attorneys' Fees Under the Black Lung Benefits Act Introduction The case of B G Mining, Inc. and Old Republic Insurance Company v. Director, Office...

Substantive Unreasonableness in Sentencing: United States v. Hunt

Date: Apr 12, 2008

Substantive Unreasonableness in Sentencing: United States v. Russell Wayne Hunt Introduction United States of America v. Russell Wayne Hunt, 521 F.3d 636, adjudicated by the United States Court of...

Reaffirming Effective Counsel Standards and Retroactive State Law Application in Capital Cases: Mahdi v. Bagley

Date: Apr 12, 2008

Reaffirming Effective Counsel Standards and Retroactive State Law Application in Capital Cases: Mahdi v. Bagley Introduction Mahdi v. Bagley (522 F.3d 631) is a significant appellate decision by the...

Establishing Pretext in ERISA Retaliation Claims: Hamilton v. Starcom Mediavest Group

Date: Apr 12, 2008

Establishing Pretext in ERISA Retaliation Claims: Hamilton v. Starcom Mediavest Group Introduction In the landmark case of Cari Ann Hamilton v. Starcom Mediavest Group, Inc., the United States Court...

Standing in First Amendment Cases: MORRISON v. BOARD OF EDUCation of Boyd County

Date: Apr 10, 2008

Standing in First Amendment Cases: MORRISON v. BOARD OF EDUCation of Boyd County Introduction MORRISON v. BOARD OF EDUCation of Boyd County is a pivotal case addressing the boundaries of student...

Sixth Circuit Reinforces Duty to Investigate Defendant's Dissatisfaction with Counsel During Sentencing

Date: Apr 10, 2008

Sixth Circuit Reinforces Duty to Investigate Defendant's Dissatisfaction with Counsel During Sentencing Introduction The case of Alberto Rodriguez Benitez v. United States, decided by the United...

Affirmation of Sentencing Guidelines Application in United States v. Jeross and Docherty

Date: Apr 5, 2008

Affirmation of Sentencing Guidelines Application in United States v. Jeross and Docherty Introduction In the pivotal case of United States v. Joseph Jeross and Kathleen Docherty, the United States...

Affirmation of Lack of Qualified Immunity in Excessive Force and Medical Negligence Claims: Jones v. City of Cincinnati

Date: Apr 5, 2008

Affirmation of Lack of Qualified Immunity in Excessive Force and Medical Negligence Claims: Jones v. City of Cincinnati Introduction In the case of Bessie Jones, Administratrix of the Estate of...