6th Circuit Case Commentaries

Reasonable Suspicion Suffices for Traffic Stops in Case of Ongoing Misdemeanor Violations: United States v. Simpson

Date: Apr 4, 2008

Reasonable Suspicion Suffices for Traffic Stops in Case of Ongoing Misdemeanor Violations: United States v. Simpson Introduction United States of America v. David Simpson is a pivotal case decided by...

Substantial Evidence Requirement in Residual Functional Capacity Determinations: Insights from Deskin v. SSA

Date: Apr 1, 2008

Substantial Evidence Requirement in Residual Functional Capacity Determinations: Insights from Deskin v. SSA Introduction Jeal Deskin v. Commissioner of Social Security (605 F. Supp. 2d 908, 2008) is...

Establishing Joint Employment and Successor-in-Interest Liability Under the FMLA: Grace v. USCAR and Bartech Technical Services

Date: Mar 27, 2008

Establishing Joint Employment and Successor-in-Interest Liability Under the FMLA: Grace v. USCAR and Bartech Technical Services Introduction In Rosalyn Grace v. USCAR and Bartech Technical Services,...

Sixth Circuit Affirms ERISA Statute of Limitations: Actual Knowledge Triggers Time Bar in Fiduciary Breach Claims

Date: Mar 26, 2008

Sixth Circuit Affirms ERISA Statute of Limitations: Actual Knowledge Triggers Time Bar in Fiduciary Breach Claims Introduction In the landmark case of Virginia J. Bishop, et al. v. Lucent...

Minnesota v. City of Memphis: Affirmation of Limited §1981 Protections Against Municipal Entities

Date: Mar 21, 2008

Municipal Liability under §1981: Analysis of Arendale v. City of Memphis Introduction In the matter of Michael J. Arendale v. City of Memphis, the United States Court of Appeals for the Sixth Circuit...

Affirmation of Summary Judgment in Braun v. Ann Arbor Township: Implications for Takings and Due Process Claims

Date: Mar 14, 2008

Affirmation of Summary Judgment in Braun v. Ann Arbor Township: Implications for Takings and Due Process Claims 1. Introduction In the case of Charles and Catherine Braun, husband and wife, Edward...

Affirmation of Warrantless Entry and Justifiable Use of Force in Domestic Violence Response

Date: Mar 8, 2008

Affirmation of Warrantless Entry and Justifiable Use of Force in Domestic Violence Response Introduction The case of Frank J. Lawrence, Jr. v. Bloomfield Township et al. (313 F. App'x 743) involves...

Broadening the 'Similarly Situated' Standard in Discrimination Litigation: Jackson v. FedEx

Date: Mar 7, 2008

Broadening the 'Similarly Situated' Standard in Discrimination Litigation: Jackson v. FedEx Introduction Willie J. Jackson v. FedEx Corporate Services, Inc. and Federal Express Corporation is a...

Affirmation of Seizure and Excessive Force Claims Beyond Qualified Immunity: Floyd v. City of Detroit

Date: Mar 7, 2008

Affirmation of Seizure and Excessive Force Claims Beyond Qualified Immunity: Floyd v. City of Detroit Introduction In Ronald Floyd v. City of Detroit, 518 F.3d 398 (6th Cir. 2008), the United States...

Ohio's Per-Time-Only Payment Ban on Petition Circulators Violates First Amendment Rights

Date: Mar 6, 2008

Ohio's Per-Time-Only Payment Ban on Petition Circulators Violates First Amendment Rights Introduction In Citizens for Tax Reform and Jeffrey P. Ledbetter v. Joseph Deters et al., the United States...

MSP Not a Qui Tam Statute: Affirmation of Lack of Standing in Stalley v. Methodist Healthcare

Date: Feb 29, 2008

MSP Not a Qui Tam Statute: Affirmation of Lack of Standing in Stalley v. Methodist Healthcare Introduction In Douglas B. Stalley v. Methodist Healthcare, the United States Court of Appeals for the...

Individual Liability of LLC Members Under FDCPA: Margelefsky v. Kistner Establishes New Precedent in Sixth Circuit

Date: Feb 27, 2008

Individual Liability of LLC Members Under FDCPA: Margelefsky v. Kistner Establishes New Precedent in Sixth Circuit Introduction In the landmark case of Amanda Kistner v. The Law Offices of Michael P....

Restricting Constitutional Privacy Claims in Public Data Disclosure: Lambert v. Hartmann

Date: Feb 26, 2008

Restricting Constitutional Privacy Claims in Public Data Disclosure: Lambert v. Hartmann Introduction Parties Involved: Plaintiff-Appellant: Cynthia Lambert Defendants-Appellees: Greg Hartmann, in...

Establishing Residual Functional Capacity in Disability Insurance Claims: Gary P. Anthony v. Michael J. Astrue

Date: Feb 23, 2008

Establishing Residual Functional Capacity in Disability Insurance Claims: Gary P. Anthony v. Michael J. Astrue Introduction In Gary P. Anthony v. Michael J. Astrue, Commissioner of Social Security,...

Wilson v. Collins: Upholding Ohio's DNA Collection Statute under Fourth Amendment and Equal Protection

Date: Feb 23, 2008

Wilson v. Collins: Upholding Ohio's DNA Collection Statute under Fourth Amendment and Equal Protection 1. Introduction Wilson v. Collins, 517 F.3d 421 (6th Cir. 2008), is a pivotal case addressing...

Establishing a Batson Violation in Jury Selection: UNITED STATES v. Odeneal & Andres

Date: Feb 23, 2008

Establishing a Batson Violation in Jury Selection: UNITED STATES v. Odeneal & Andres Introduction In the case of UNITED STATES of America v. Deshaun Odeneal and Shane Andres, the United States Court...

Statute of Limitations and Pleading Requirements in 42 U.S.C §1983 Claims: Insights from Drake v. City of Detroit

Date: Feb 22, 2008

Statute of Limitations and Pleading Requirements in 42 U.S.C §1983 Claims: Insights from Drake v. City of Detroit Introduction Clifford Drake v. City of Detroit, Michigan, et al. is a significant...

Qualified Immunity Affirmed for Law Enforcement in Use of Force During Terry Stop in Dorsey v. Begin (6th Cir. 2008)

Date: Feb 22, 2008

Qualified Immunity Affirmed for Law Enforcement in Use of Force During Terry Stop in Dorsey v. Begin (6th Cir. 2008) Introduction Jelini O. Dorsey and Kevin L. Clark (Plaintiffs-Appellees) brought...

Establishing Probable Cause and Nexus in Drug Trafficking Search Warrants: Insights from United States v. Gunter

Date: Feb 21, 2008

Establishing Probable Cause and Nexus in Drug Trafficking Search Warrants: Insights from United States v. Gunter Introduction In the case of United States of America v. Cornell P. Gunter, adjudicated...

Anaheuser-Busch's Liability in Serial Harassment Cases: A Comprehensive Analysis of Hawkins et al. v. Anheuser-Busch, Inc.

Date: Feb 20, 2008

Anaheuser-Busch's Liability in Serial Harassment Cases: A Comprehensive Analysis of Hawkins et al. v. Anheuser-Busch, Inc. Introduction The appellate case Amanda Hawkins et al. v. Anheuser-Busch,...