6th Circuit Case Commentaries

Reversal of Thrifty Rent-A-Car’s Insurance Liability: A New Precedent in Michigan Insurance Law

Date: May 4, 2001

Reversal of Thrifty Rent-A-Car’s Insurance Liability: A New Precedent in Michigan Insurance Law 1. Introduction The case of Allstate Insurance Company; American Express, Property and Casualty...

Finality of Judicial Decisions in Light of Constitutional Challenges: Blue Diamond Coal Co. v. Trustees of the UMWA Combined Benefit Fund

Date: May 4, 2001

Finality of Judicial Decisions in Light of Constitutional Challenges: Blue Diamond Coal Co. v. Trustees of the UMWA Combined Benefit Fund Introduction Blue Diamond Coal Co. v. Trustees of the UMWA...

United States v. Peterman: Establishing Limits on Habeas Corpus Relief under 28 U.S.C. §2241

Date: May 1, 2001

United States v. Peterman: Establishing Limits on Habeas Corpus Relief under 28 U.S.C. §2241 Introduction The case of United States of America v. Darrell Peterman et al., reported in 249 F.3d 458...

Sixth Circuit Upholds Mandatory Exhaustion under PLRA and Reinvigorates Deliberate Indifference Claims in Inmates' Eighth Amendment Suit

Date: May 1, 2001

Sixth Circuit Upholds Mandatory Exhaustion under PLRA and Reinvigorates Deliberate Indifference Claims in Inmates' Eighth Amendment Suit Introduction Greg Curry, et al. v. David Scott, et al. is a...

Recognition of Six-Year Statute of Limitations for Ohio Age Discrimination Claims in Ziegler v. IBP Hog Market

Date: May 1, 2001

Recognition of Six-Year Statute of Limitations for Ohio Age Discrimination Claims in Ziegler v. IBP Hog Market Introduction The appellate decision in Ziegler v. IBP Hog Market, Inc. marks a...

6th Circuit Holds Ohio Track Clearance Regulation Not Preempted by Federal Railroad Statutes: Tyrrell v. Norfolk Southern Railway Co.

Date: Apr 26, 2001

6th Circuit Holds Ohio Track Clearance Regulation Not Preempted by Federal Railroad Statutes: Tyrrell v. Norfolk Southern Railway Co., 248 F.3d 517 (6th Cir. 2001) Introduction The case of Frederick...

Sixth Amendment Speedy Trial Right, Safety Valve Sentencing, and Forfeiture Ownership Determined in United States v. O'Dell, III

Date: Apr 25, 2001

Sixth Amendment Speedy Trial Right, Safety Valve Sentencing, and Forfeiture Ownership Determined in United States v. O'Dell, III Introduction In United States of America v. Jackson C. O'Dell, III,...

Interpreting "Regarded as Disabled" under the ADA: Analyzing Henderson v. Ardco, Inc.

Date: Apr 25, 2001

Interpreting "Regarded as Disabled" under the ADA: Analyzing Henderson v. Ardco, Inc. Introduction Henderson v. Ardco, Inc. is a pivotal case decided by the United States Court of Appeals for the...

Protective Sweeps and Double Jeopardy: Insights from United States v. Joseph B. Taylor III

Date: Apr 25, 2001

Protective Sweeps and Double Jeopardy: Insights from United States v. Joseph B. Taylor III Introduction The case of United States of America v. Joseph Benjamin Taylor III (248 F.3d 506) adjudicated...

Kostrzewa v. City of Troy: Establishing New Standards for Excessive Force and Handcuffing Policies

Date: Apr 24, 2001

Kostrzewa v. City of Troy: Establishing New Standards for Excessive Force and Handcuffing Policies Introduction The case of Charles Kostrzewa v. City of Troy was adjudicated in the United States...

Clarifying ADA Notice Pleading Requirements: EEOC v. Routh Packing Co.

Date: Apr 20, 2001

Clarifying ADA Notice Pleading Requirements: EEOC v. Routh Packing Co. Introduction In Equal Employment Opportunity Commission (EEOC) v. J.H. Routh Packing Company, the United States Court of Appeals...

Affirmation of ICARA's Expeditious Return Provisions in Child Abduction Case: March v. Levine

Date: Apr 20, 2001

Affirmation of ICARA's Expeditious Return Provisions in Child Abduction Case: March v. Levine Introduction March v. Levine is a pivotal case adjudicated by the United States Court of Appeals for the...

Sixth Circuit Establishes Uniform Standard for § 1983 Malicious Prosecution Claims Under the Fourth Amendment

Date: Apr 19, 2001

Sixth Circuit Establishes Uniform Standard for § 1983 Malicious Prosecution Claims Under the Fourth Amendment Introduction The case of Jack Frantz, et al. v. Village of Bradford, et al., Shane Duffey...

Collateral Nature of Delayed Rule 33 Motions and AEDPA §2255 Limitations: Sixth Circuit’s Decision in Joe Johnson v. United States

Date: Apr 17, 2001

Collateral Nature of Delayed Rule 33 Motions and AEDPA §2255 Limitations: Sixth Circuit’s Decision in Joe Johnson v. United States Introduction In the landmark case of Joe I v. Ry Johnson, 246 F.3d...

Assault on Federal Officer Defined as General Intent Crime: Implications from United States v. Kimes

Date: Apr 14, 2001

Assault on Federal Officer Defined as General Intent Crime: Implications from United States v. Kimes Introduction United States v. James A. Kimes (246 F.3d 800) is a pivotal case decided by the...

Buxton v. Halter: Establishing Standards for Disability Evaluation in Chronic Illness Cases

Date: Apr 13, 2001

Buxton v. Halter: Establishing Standards for Disability Evaluation in Chronic Illness Cases Introduction In the case of Frances Buxton v. William A. Halter, Commissioner of Social Security, the...

National Guard Technicians Must Pursue Military Channels for Discrimination Claims: Analysis of Fisher v. Peters, 249 F.3d 433 (6th Cir. 2001)

Date: Apr 10, 2001

National Guard Technicians Must Pursue Military Channels for Discrimination Claims: Analysis of Fisher v. Peters, 249 F.3d 433 (6th Cir. 2001) Introduction Tracy D. Fisher, Plaintiff-Appellant,...

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6th Circuit Case Commentaries

Reversal of Thrifty Rent-A-Car’s Insurance Liability: A New Precedent in Michigan Insurance Law

Finality of Judicial Decisions in Light of Constitutional Challenges: Blue Diamond Coal Co. v. Trustees of the UMWA Combined Benefit Fund

United States v. Peterman: Establishing Limits on Habeas Corpus Relief under 28 U.S.C. §2241

Sixth Circuit Upholds Mandatory Exhaustion under PLRA and Reinvigorates Deliberate Indifference Claims in Inmates' Eighth Amendment Suit

Recognition of Six-Year Statute of Limitations for Ohio Age Discrimination Claims in Ziegler v. IBP Hog Market

6th Circuit Holds Ohio Track Clearance Regulation Not Preempted by Federal Railroad Statutes: Tyrrell v. Norfolk Southern Railway Co.

Sixth Amendment Speedy Trial Right, Safety Valve Sentencing, and Forfeiture Ownership Determined in United States v. O'Dell, III

Interpreting "Regarded as Disabled" under the ADA: Analyzing Henderson v. Ardco, Inc.

Protective Sweeps and Double Jeopardy: Insights from United States v. Joseph B. Taylor III

Kostrzewa v. City of Troy: Establishing New Standards for Excessive Force and Handcuffing Policies

Clarifying ADA Notice Pleading Requirements: EEOC v. Routh Packing Co.

Affirmation of ICARA's Expeditious Return Provisions in Child Abduction Case: March v. Levine

Sixth Circuit Establishes Uniform Standard for § 1983 Malicious Prosecution Claims Under the Fourth Amendment

Collateral Nature of Delayed Rule 33 Motions and AEDPA §2255 Limitations: Sixth Circuit’s Decision in Joe Johnson v. United States

Assault on Federal Officer Defined as General Intent Crime: Implications from United States v. Kimes

Buxton v. Halter: Establishing Standards for Disability Evaluation in Chronic Illness Cases

National Guard Technicians Must Pursue Military Channels for Discrimination Claims: Analysis of Fisher v. Peters, 249 F.3d 433 (6th Cir. 2001)

Perkins v. American Electric Power: Implications for Negligence and Seaworthiness under the Jones Act

Limited Tolling of AEDPA Statute of Limitations through Delayed Appeals: Parrish Searcy v. Harold Carter

Affirmation of Summary Judgment in Rehabilitation Act Retaliation Claim: Gribcheck v. USPS (6th Cir. 2001)