6th Circuit Case Commentaries

Ziegler v. Aukerman: Defining the Essential Elements of 42 U.S.C. § 1983 and Probable Cause in Mental Health Seizures

Date: Jan 15, 2008

Ziegler v. Aukerman: Defining the Essential Elements of 42 U.S.C. § 1983 and Probable Cause in Mental Health Seizures Introduction Susan Ziegler filed a civil rights lawsuit against several...

Videoconferencing in Parole Revocation Hearings: Affirmation of Due Process and Confrontation Clause Compliance

Date: Jan 15, 2008

Videoconferencing in Parole Revocation Hearings: Affirmation of Due Process and Confrontation Clause Compliance Introduction The case of Randolph Wilkins v. Deb Timmerman-Cooper, adjudicated by the...

Limiting Prosecutorial Immunity and Enhancing Accountability in Defamation and Retaliation Claims: Analysis of Harris v. Spies Bornhorst

Date: Jan 15, 2008

Limiting Prosecutorial Immunity and Enhancing Accountability in Defamation and Retaliation Claims: Analysis of Harris v. Spies Bornhorst Introduction The case of Anthony Harris v. Amanda Spies...

Enhancing Jurisdictional Thresholds under the Magnuson-Moss Warranty Act: Insights from Schultz v. General RV Center

Date: Jan 12, 2008

Enhancing Jurisdictional Thresholds under the Magnuson-Moss Warranty Act: Insights from Schultz v. General RV Center Introduction The case of Walter and Julie Schultz v. General R.V. Center; Damon...

Affirmation of Advisory Sentencing Guidelines Post-Booker: United States v. Sexton et al.

Date: Jan 12, 2008

Affirmation of Advisory Sentencing Guidelines Post-Booker: United States v. Sexton et al. Introduction United States v. Sexton, Romans, and Legg is a significant appellate decision from the United...

Affirmation of Arbitration Standards: Uhl v. Komatsu Forklift Co. Establishes Nuanced Approach to Evident Partiality Under the FAA

Date: Jan 10, 2008

Affirmation of Arbitration Standards: Uhl v. Komatsu Forklift Co. Establishes Nuanced Approach to Evident Partiality Under the FAA Introduction In Uhl v. Komatsu Forklift Co., the United States Court...

Younger's Abstention Doctrine and Judicial Conduct: A Comprehensive Analysis of O'NEILL v. COUGHLAN

Date: Jan 10, 2008

Younger's Abstention Doctrine and Judicial Conduct: A Comprehensive Analysis of O'NEILL v. COUGHLAN Introduction The case of William M. O'Neill v. Jonathan E. Coughlan, decided by the United States...

Finality of Remand Orders Under 28 U.S.C. §1447(d) Following Powerex Corp. v. Reliant Energy Services, Inc.

Date: Jan 9, 2008

Finality of Remand Orders Under 28 U.S.C. §1447(d) Following Powerex Corp. v. Reliant Energy Services, Inc. Introduction The case of Rick Blackburn, et al. v. Oaktree Capital Management, LLC, et al.,...

Demand Futility Must Be Specifically Demonstrated in Shareholder Derivative Actions: Insights from In re Ferro Corporation Derivative Litigation

Date: Jan 8, 2008

Demand Futility Must Be Specifically Demonstrated in Shareholder Derivative Actions: Insights from In re Ferro Corporation Derivative Litigation Introduction In re Ferro Corporation Derivative...

Refining the Boundaries of Brady Material: BELL v. BELL (6th Cir. 2008)

Date: Jan 5, 2008

Refining the Boundaries of Brady Material: BELL v. BELL (6th Cir. 2008) Introduction In the landmark case of Stephen M. Bell v. Ricky BELL, Warden, 512 F.3d 223 (6th Cir. 2008), the United States...

SIMCOX v. SIMCOX (2007): Refining the Use of Undertakings Under the Hague Convention in Abusive Family Situations

Date: Dec 29, 2007

SIMCOX v. SIMCOX (2007): Refining the Use of Undertakings Under the Hague Convention in Abusive Family Situations Introduction SIMCOX v. SIMCOX is a pivotal case decided by the United States Court of...

Defining Frivolous Asylum Applications: Insights from Ceraj v. Mukasey

Date: Dec 29, 2007

Defining Frivolous Asylum Applications: Insights from Ceraj v. Mukasey Introduction In Ceraj CERAJ and Irini Deda-Ceraj v. Michael B. MUKASEY, the United States Court of Appeals for the Sixth Circuit...

Procedural Default in Habeas Corpus Petitions: Affirmation of Dismissal under the Maupin Framework

Date: Dec 28, 2007

Procedural Default in Habeas Corpus Petitions: Affirmation of Dismissal under the Maupin Framework Introduction Robert S. Scuba v. Anthony Brigano, Warden (527 F.3d 479) is a significant case...

Reaffirmation of Automobile and Inventory Exceptions in Warrantless Searches: United States v. Lakento Brian Smith

Date: Dec 27, 2007

Reaffirmation of Automobile and Inventory Exceptions in Warrantless Searches: United States v. Lakento Brian Smith Introduction In the appellate case of United States v. Lakento Brian Smith, reported...

Standard of Appellate Review for Supervised Release Revocation Sentences Post-Booker

Date: Dec 21, 2007

Standard of Appellate Review for Supervised Release Revocation Sentences Post-Booker Introduction The case of United States of America v. Roxie Nicole Bolds, 511 F.3d 568 (6th Cir. 2007), serves as a...

Rule 403 Prevails: Exclusion of Prior Bad Acts Evidence in U.S. v. Stout

Date: Dec 21, 2007

Rule 403 Prevails: Exclusion of Prior Bad Acts Evidence in U.S. v. Stout Introduction United States of America v. Michael Stout is a landmark decision by the United States Court of Appeals for the...

Affirmation of Statute of Limitations on §1983 Claims in Custody Removal Cases: Eidson v. Tennessee Department of Children's Services

Date: Dec 21, 2007

Affirmation of Statute of Limitations on §1983 Claims in Custody Removal Cases: Eidson v. Tennessee Department of Children's Services Introduction The case of Ronald Eidson v. State of Tennessee...

Sixth Circuit Clarifies Prima Facie Case in Title VII Gender Discrimination: Replacement Need Not Be Similarly Qualified

Date: Dec 20, 2007

Sixth Circuit Clarifies Prima Facie Case in Title VII Gender Discrimination: Replacement Need Not Be Similarly Qualified Introduction In Jama M. Vincent v. Brewer Company, 514 F.3d 489 (6th Cir....

Establishing Attorney Fee Calculation Standards under the False Claims Act: Gonter v. Hunt Valve Company

Date: Dec 19, 2007

Establishing Attorney Fee Calculation Standards under the False Claims Act: Gonter v. Hunt Valve Company Introduction The case of Tina Marie Gonter; Charles William Gonter v. Hunt Valve Company,...

Affirmation of Class Certification for Deceptive Billing Practices in Barbrasue BEATTIE and James So v. CenturyTel, Inc.

Date: Dec 19, 2007

Affirmation of Class Certification for Deceptive Billing Practices in Barbrasue BEATTIE and James So v. CenturyTel, Inc. Introduction In the landmark case of Barbrasue BEATTIE and James So v....