6th Circuit Case Commentaries

Implications of Habeas Petition Dismissal: Clark v. Waller Analysis

Date: Jun 26, 2007

Implications of Habeas Petition Dismissal: Clark v. Waller Analysis Based on the judgment from Johnny O. Clark v. Robert Waller, 490 F.3d 551 (6th Cir. 2007) Introduction Johnny O. Clark v. Robert...

Clarification of Mail Fraud Elements and Use of Fire Under 18 U.S.C. § 844(h): United States v. McAuliffe

Date: Jun 23, 2007

Clarification of Mail Fraud Elements and Use of Fire Under 18 U.S.C. § 844(h): United States v. McAuliffe Introduction In the case of United States v. McAuliffe, 490 F.3d 526 (6th Cir. 2007), the...

Waiver of Subject-Matter Jurisdiction Challenge Through Amended Complaint under Magnuson-Moss Act: Gentek v. Sherwin-Williams

Date: Jun 21, 2007

Waiver of Subject-Matter Jurisdiction Challenge Through Amended Complaint under Magnuson-Moss Act: Gentek v. Sherwin-Williams Introduction In the case of Gentek Building Products, Inc. v....

Clarifying the 'Sole Reason' Requirement in Disability Discrimination Under the Rehabilitation Act: Jones v. Potter

Date: Jun 21, 2007

Clarifying the 'Sole Reason' Requirement in Disability Discrimination Under the Rehabilitation Act: Jones v. Potter Introduction In Eric Jones v. John E. Potter, Postmaster General, the United States...

ADA Barred Against Individual Government Officials: An Analysis of Williams v. McLemore

Date: Jun 20, 2007

ADA Barred Against Individual Government Officials: An Analysis of Williams v. McLemore Introduction In the landmark case Williams v. McLemore, adjudicated by the United States Court of Appeals for...

Strickland Revisited: Enhancing the Duty of Defense Counsel in Witness Investigation

Date: Jun 19, 2007

Strickland Revisited: Enhancing the Duty of Defense Counsel in Witness Investigation Introduction The case of Patrico Ramonez v. Mary Berghuis, adjudicated by the United States Court of Appeals for...

Affirmation of Criminal Convictions and Clarification on Jury Taint and Ineffective Assistance Standards in Cross v. Stovall

Date: Jun 15, 2007

Affirmation of Criminal Convictions and Clarification on Jury Taint and Ineffective Assistance Standards in Cross v. Stovall Introduction Barbara Jean Cross appealed her convictions for conspiracy to...

Klepsky v. UPS: Clarifying Preemption of State Public Policy and Whistleblower Claims under the Labor Management Relations Act

Date: Jun 13, 2007

Klepsky v. United Parcel Service: Clarifying Preemption of State Public Policy and Whistleblower Claims under the Labor Management Relations Act Introduction In Klepsky v. United Parcel Service,...

Reaffirming Convictions and Clarifying Witness Testimony Standards in Medicare Fraud: United States v. White et al.

Date: Jun 12, 2007

Reaffirming Convictions and Clarifying Witness Testimony Standards in Medicare Fraud: United States v. White et al. Introduction The case of United States of America v. Richard B. White; Michael A....

Establishing Precedent for Undue Hardship in Student Loan Discharges: In re Thomas Francis Barrett, Jr.

Date: Jun 9, 2007

Establishing Precedent for Undue Hardship in Student Loan Discharges: In re Thomas Francis Barrett, Jr. Introduction In the landmark case of In re Thomas Francis Barrett, Jr., Debtor, the United...

Affirming Denial of Qualified Immunity in Patronage Dismissals: Insights from Lane v. City of LaFollette

Date: Jun 7, 2007

Affirming Denial of Qualified Immunity in Patronage Dismissals: Insights from Lane v. City of LaFollette Introduction The case of Landon Lane v. City of LaFollette explores the intricate balance...

Supervised Release Limits and Double Jeopardy Protections: Insights from United States v. Climmie Jones, Jr.

Date: Jun 6, 2007

Supervised Release Limits and Double Jeopardy Protections: Insights from United States v. Climmie Jones, Jr. Introduction The case of United States of America v. Climmie Jones, Jr., 489 F.3d 243 (6th...

Affirmation of Time-Barred Claims and Qualified Immunity in Fox v. DeSoto

Date: Jun 5, 2007

Affirmation of Time-Barred Claims and Qualified Immunity in Fox v. DeSoto Introduction In Brandon Fox v. Ronald DeSoto, Louisville Regional Airport Authority, 489 F.3d 227 (6th Cir. 2007), the United...

Kentucky's 2005 Tax Amendments Uphold Dormant Commerce Clause Compliance

Date: Jun 1, 2007

Kentucky's 2005 Tax Amendments Uphold Dormant Commerce Clause Compliance Introduction In the landmark case DIRECTV, Inc. and EchoStar Satellite L.L.C. v. Mark Treesh, Commissioner for the Department...

Classification of Rule 60(b) Motions as Successive §2255 Motions: In re Larry Nailor

Date: Jun 1, 2007

Classification of Rule 60(b) Motions as Successive §2255 Motions: In re Larry Nailor Introduction In the case of In re Larry Nailor, decided by the United States Court of Appeals for the Sixth...

Enhancing Liability for Emotional Distress in Debt Collection: MacDermid v. Discover Financial Services

Date: May 30, 2007

Enhancing Liability for Emotional Distress in Debt Collection: MacDermid v. Discover Financial Services Introduction In Donald H. MacDermid, Indi v. Discover Financial Services d/b/a Discover Charge...

Mandating Knowledge of Felon Status for Aiding and Abetting under 18 U.S.C. §922(g)(1): Analysis of United States v. Gardner

Date: May 26, 2007

Mandating Knowledge of Felon Status for Aiding and Abetting under 18 U.S.C. §922(g)(1): Analysis of United States v. Gardner Introduction In the landmark case United States v. Gardner, decided by the...

Hot Pursuit Exception Reinforced in United States v. Johnson (6th Cir. 2007)

Date: May 26, 2007

Hot Pursuit Exception Reinforced in United States v. Johnson (6th Cir. 2007) Introduction In the appellate case of United States v. Michael D. Johnson, heard by the United States Court of Appeals for...

Reaffirmation of High Standards for Rule 60(b)(6) Relief in Settlement Agreement Breaches

Date: May 25, 2007

Reaffirmation of High Standards for Rule 60(b)(6) Relief in Settlement Agreement Breaches Introduction In the landmark case Ford Motor Company v. Mustangs Unlimited, Inc., adjudicated by the United...

Enhancing Fourth Amendment Protections: Seizure vs. Consensual Encounter in Campbell v. United States

Date: May 25, 2007

Enhancing Fourth Amendment Protections: Seizure vs. Consensual Encounter in Campbell v. United States Introduction In United States of America v. Steven G. Campbell, 486 F.3d 949 (6th Cir. 2007), the...