6th Circuit Case Commentaries

Affirmation of Denial of Qualified Immunity in Prisoner First Amendment Retaliation Claims

Date: Jul 24, 2004

Affirmation of Denial of Qualified Immunity in Prisoner First Amendment Retaliation Claims Introduction The case of David J. Scott v. Philip Bair, decided by the United States Court of Appeals for...

Bridgeport Music, Inc. v. Universal-PolyGram: Upholding Summary Judgment on Copyright Infringement and Attorney Fee Awards in Sampling Litigation

Date: Jul 23, 2004

Bridgeport Music, Inc. v. Universal-PolyGram: Upholding Summary Judgment on Copyright Infringement and Attorney Fee Awards in Sampling Litigation Introduction The case of Bridgeport Music, Inc., et...

Affirmation of Probable Cause and Admissibility Standards under Fed. R.Evid. 404(b) in Upholding Drug Conspiracy Conviction

Date: Jul 23, 2004

Affirmation of Probable Cause and Admissibility Standards under Fed. R.Evid. 404(b) in Upholding Drug Conspiracy Conviction Introduction In the case of United States of America v. Anna Trujillo, 376...

Admissibility of Prior Inconsistent Statements for Witness Impeachment Upheld in Criminal Case

Date: Jul 21, 2004

Admissibility of Prior Inconsistent Statements for Witness Impeachment Upheld in Criminal Case Introduction In the case of United States of America v. Derrick L. Foster, decided on July 20, 2004, by...

Affirmation of District Court's Discretion in Felon-in-Possession Charges and Trial Procedures in U.S. v. Moore

Date: Jul 21, 2004

Affirmation of District Court's Discretion in Felon-in-Possession Charges and Trial Procedures in U.S. v. Moore Introduction In the case of United States of America v. Derrick D. Moore, decided by...

Affirmation of Strickland Standard in Cumulative Ineffective Assistance Claims: Millender v. Adams

Date: Jul 16, 2004

Affirmation of Strickland Standard in Cumulative Ineffective Assistance Claims: Millender v. Adams Introduction The case of Trenton Millender v. Stanley Adams (376 F.3d 520, 6th Cir. 2004) represents...

Denial of Reasonable Accommodations Constitutes Constructive Discharge Under the Rehabilitation Act: Sixth Circuit

Date: Jul 16, 2004

Denial of Reasonable Accommodations Constitutes Constructive Discharge Under the Rehabilitation Act: Sixth Circuit Introduction In the case of Mary Christine Smith v. William J. Henderson, Postmaster...

Enhanced Due Process Standards for Public Employees Under 42 U.S.C. §1983: Insights from Mitchell v. Fankhauser

Date: Jul 15, 2004

Enhanced Due Process Standards for Public Employees Under 42 U.S.C. §1983: Insights from Mitchell v. Fankhauser Introduction Mitchell v. Fankhauser is a pivotal case decided by the United States...

Revisiting Attorney Fee Eligibility Under the Equal Access to Justice Act: Howard v. Barnhart

Date: Jul 13, 2004

Revisiting Attorney Fee Eligibility Under the Equal Access to Justice Act: Howard v. Barnhart Introduction The case of Jimmie L. Howard, Plaintiff-Appellant, v. Jo Anne B. Barnhart, Commissioner of...

Affirmation of Summary Judgment in Knox v. Neaton Auto Products Manufacturing: Implications for Gender Discrimination and Workplace Harassment Claims

Date: Jul 10, 2004

Affirmation of Summary Judgment in Knox v. Neaton Auto Products Manufacturing: Implications for Gender Discrimination and Workplace Harassment Claims Introduction The case of Jayne Knox,...

Clinkscale v. Carter: Reinforcing the Requirement for Timely Alibi Notifications Under the Sixth Amendment

Date: Jul 9, 2004

Clinkscale v. Carter: Reinforcing the Requirement for Timely Alibi Notifications Under the Sixth Amendment Introduction Clinkscale v. Carter is a pivotal case decided by the United States Court of...

Residual Functional Capacity and Credibility Determinations in Disability Claims: The Warner v. Commissioner of Social Security Judgment

Date: Jul 9, 2004

Residual Functional Capacity and Credibility Determinations in Disability Claims: The Warner v. Commissioner of Social Security Judgment Introduction In the landmark case of Gary Warner v....

Procedural Default Standards in Ineffective Assistance Claims: Hargrave-Thomas v. Yukins

Date: Jul 7, 2004

Procedural Default Standards in Ineffective Assistance Claims: Hargrave-Thomas v. Yukins Introduction Hargrave-Thomas v. Yukins, 374 F.3d 383 (6th Cir. 2004) is a pivotal case in the realm of federal...

Affirmation of Summary Judgment in AutoZone v. Tandy: No Likelihood of Confusion or Dilution Found in Disparate Retail Trademarks

Date: Jun 30, 2004

Affirmation of Summary Judgment in AutoZone v. Tandy: No Likelihood of Confusion or Dilution Found in Disparate Retail Trademarks Introduction The case of AutoZone, Inc. and Speedbar, Inc. v. Tandy...

Limits on Declaratory Judgment Jurisdiction in Insurance Indemnity Cases: Insights from BITUMINOUS CASUALTY CORP. v. J L Lumber Co.