6th Circuit Case Commentaries

Enforcement of Non-Competition Clauses under Michigan Law: Certified Restoration Dry Cleaning Network v. Tenke Corp.

Date: Dec 18, 2007

Enforcement of Non-Competition Clauses under Michigan Law: Certified Restoration Dry Cleaning Network v. Tenke Corp. Introduction Certified Restoration Dry Cleaning Network, L.L.C. v. Tenke Corp. is...

Clarifying Sufficiency of Evidence for Intent in Felonious Assault under AEDPA: NASH v. EBERLIN

Date: Dec 15, 2007

Clarifying Sufficiency of Evidence for Intent in Felonious Assault under AEDPA: NASH v. EBERLIN Introduction Case: Darell Nash, Sr., Petitioner-Appellee, v. Michelle Eberlin, Warden,...

Enforcement of Contractual Inspection Rights via Specific Performance: Insights from JPMorgan Chase Bank v. Winget

Date: Dec 15, 2007

Enforcement of Contractual Inspection Rights via Specific Performance: Insights from JPMorgan Chase Bank v. Winget Introduction The case of JPMorgan Chase Bank, N.A., as Administrative Agent v. Larry...

Permitting ERISA §502(a)(2) Actions on Behalf of Defunct Plans: Insights from Pfahler v. National Latex Products Co.

Date: Dec 15, 2007

Permitting ERISA §502(a)(2) Actions on Behalf of Defunct Plans: Insights from Pfahler v. National Latex Products Co. Introduction In the landmark case of Pfahler et al. v. National Latex Products...

Sixth Circuit Affirms Dismissal of Worker Claims: Clarifications on Mootness, Standing, and Noerr-Pennington Doctrine

Date: Dec 15, 2007

Sixth Circuit Affirms Dismissal of Worker Claims: Clarifications on Mootness, Standing, and Noerr-Pennington Doctrine Introduction In the case of Douglas Campbell et al. v. PMI Food Equipment Group,...

Defining Protected Activity under the ADEA: Insights from Fox v. Eagle Distributing Company

Date: Dec 15, 2007

Defining Protected Activity under the ADEA: Insights from Fox v. Eagle Distributing Company Introduction The case of James Fox v. Eagle Distributing Company, Incorporated (510 F.3d 587), adjudicated...

Clarification on Plea Procedure and Sentencing Guidelines Compliance: United States v. Lalonde

Date: Dec 13, 2007

Clarification on Plea Procedure and Sentencing Guidelines Compliance: United States v. Lalonde Introduction In the case of United States of America v. Paul M. Lalonde (509 F.3d 750), the United...

Reaffirming Employer Liability Standards Under FELA: Van Gorder v. Grand Trunk Western Railroad

Date: Dec 12, 2007

Reaffirming Employer Liability Standards Under FELA: Van Gorder v. Grand Trunk Western Railroad Introduction In the case of Elmer Van Gorder v. Grand Trunk Western Railroad, Inc., decided by the...

RLUIPA and Zoning Ordinances: Assessing Substantial Burdens on Religious Institutions

Date: Dec 11, 2007

RLUIPA and Zoning Ordinances: Assessing Substantial Burdens on Religious Institutions Introduction The case of Living Water Church of God, d/b/a Okemos Christian Center v. Charter Township of...

Clarifying Objective Reasonableness in Police Excessive Force Claims: Marvin v. City of Taylor

Date: Dec 5, 2007

Clarifying Objective Reasonableness in Police Excessive Force Claims: Marvin v. City of Taylor Introduction Marvin v. City of Taylor is a pivotal case decided by the United States Court of Appeals...

Fair Ability Does Not Equal Marked Limitation: Sixth Circuit Affirms Social Security Disability Denial Based on Substantial Evidence

Date: Nov 29, 2007

Fair Ability Does Not Equal Marked Limitation: Sixth Circuit Affirms Social Security Disability Denial Based on Substantial Evidence Introduction The case of Carla G. Sullenger v. Commissioner of...

Universal-MCA Music Publishing v. Bridgeport Music: Summary Judgment Affirmed in Copyright Infringement Case

Date: Nov 22, 2007

Universal-MCA Music Publishing v. Bridgeport Music: Summary Judgment Affirmed in Copyright Infringement Case Introduction The case of Bridgeport Music, Inc. v. Universal-MCA Music Publishing, Inc....

Affirmation of Mail Fraud Convictions Reinforces Res Judicata and Confrontation Clause Standards in the Sixth Circuit

Date: Nov 22, 2007

Affirmation of Mail Fraud Convictions Reinforces Res Judicata and Confrontation Clause Standards in the Sixth Circuit Introduction In United States of America v. Peter J. Vasilakos and Debbie K....

Ex Post Facto Implications of Tennessee's Sexual Offender Registration and Monitoring Acts

Date: Nov 17, 2007

Ex Post Facto Implications of Tennessee's Sexual Offender Registration and Monitoring Acts Introduction In the landmark case of John Doe v. Phil Bredesen, Governor of the State of Tennessee, et al....

Enforcement of Discovery Compliance: Affirmation of Civil Contempt in Tax Fraud Case

Date: Nov 17, 2007

Enforcement of Discovery Compliance: Affirmation of Civil Contempt in Tax Fraud Case Introduction The case UNITED STATES of America v. Charles Conces (507 F.3d 1028) addressed the enforcement of...

Procedural Default and Ineffective Assistance of Counsel: Insights from Ivory v. Jackson, 509 F.3d 284 (6th Cir. 2007)

Date: Nov 16, 2007

Procedural Default and Ineffective Assistance of Counsel: Insights from Ivory v. Jackson, 509 F.3d 284 (6th Cir. 2007) Introduction Cedric Ivory, the petitioner-appellant, was convicted of...

Defining Habitual Residence under the Hague Convention: Robert v. Tesson

Date: Nov 15, 2007

Defining Habitual Residence under the Hague Convention: Robert v. Tesson Introduction In the case of Ivan Nicholas Robert v. Gayle M. Tesson, decided by the United States Court of Appeals for the...

Affirmation of Attorney Fee and Cost Award Due to Improper Removal: Chase Manhattan Mortgage Corp. v. Smith

Date: Nov 15, 2007

Affirmation of Attorney Fee and Cost Award Due to Improper Removal: Chase Manhattan Mortgage Corp. v. Smith Introduction The case of Chase Manhattan Mortgage Corporation v. Demetrious Yadirf Smith;...

Establishing Suretyship in Insurance Contracts: Analysis of Commercial Money Center, Inc. v. Illinois Union Insurance Co.

Date: Nov 15, 2007

Establishing Suretyship in Insurance Contracts: Analysis of Commercial Money Center, Inc. v. Illinois Union Insurance Co. Introduction The case of Commercial Money Center, Inc.; Commercial Servicing...

Enforceability of Arbitration Agreements through Continued Employment: Seawright v. AGF Establishes New Precedent

Date: Nov 14, 2007

Enforceability of Arbitration Agreements through Continued Employment: Seawright v. American General Financial Services Establishes New Precedent Introduction Seawright v. American General Financial...