6th Circuit Case Commentaries

Establishing Standards for Ineffective Assistance of Counsel in Plea Negotiations: Smith v. United States

Date: Nov 4, 2003

Establishing Standards for Ineffective Assistance of Counsel in Plea Negotiations: Smith v. United States Introduction In the landmark case of Eddie D. Smith v. United States of America, 348 F.3d 545...

Affirmation of Summary Judgment: Rigorous Standards for Unjust Enrichment and Promissory Estoppel in Business Lease Negotiations

Date: Nov 1, 2003

Affirmation of Summary Judgment: Rigorous Standards for Unjust Enrichment and Promissory Estoppel in Business Lease Negotiations Introduction In The Andersons, Inc. v. Consol, Inc., 348 F.3d 496 (6th...

Affirmation of Effective Assistance of Counsel in Presenting Mitigation Evidence - Smith v. Mitchell

Date: Oct 29, 2003

Affirmation of Effective Assistance of Counsel in Presenting Mitigation Evidence - Smith v. Mitchell (6th Cir. 2003) Introduction Parties Involved: William H. Smith (Petitioner-Appellant) vs. Betty...

Proper Application of Sentencing Guidelines Based on Offense Completion Date: United States v. Benson et al., Sixth Circuit

Date: Oct 29, 2003

Proper Application of Sentencing Guidelines Based on Offense Completion Date: United States v. Benson et al., Sixth Circuit Introduction United States of America v. Geoffrey P. Benson, Susan L....

Reconstruction of Disability Criteria for Supplemental Security Income: Elam v. Commissioner of Social Security

Date: Oct 25, 2003

Reconstruction of Disability Criteria for Supplemental Security Income: Elam v. Commissioner of Social Security Introduction Elam v. Commissioner of Social Security is a pivotal case decided by the...

Ke v. Mark Abela: Statute of Limitations Tolling in Federal Habeas Corpus Petitions

Date: Oct 23, 2003

Ke v. Mark Abela: Statute of Limitations Tolling in Federal Habeas Corpus Petitions Introduction Ke v. Mark Abela is a significant appellate decision from the United States Court of Appeals for the...

Affirmation of Arbitrary and Capricious Standard in ERISA LTD Benefit Termination: McDonald v. Western-Southern Life Insurance Co.

Date: Oct 21, 2003

Affirmation of Arbitrary and Capricious Standard in ERISA LTD Benefit Termination: McDonald v. Western-Southern Life Insurance Co. Introduction The case of James McDonald v. Western-Southern Life...

Limits of Ancillary Jurisdiction in Federal Garnishment Actions: Analysis of Hudson v. Coleman

Date: Oct 15, 2003

Limits of Ancillary Jurisdiction in Federal Garnishment Actions: Analysis of Hudson v. Coleman Introduction Hudson v. Coleman, 347 F.3d 138 (6th Cir. 2003), is a pivotal case addressing the scope of...

Sixth Circuit Rules Employers Cannot Supersede FMLA with Stricter Internal Leave Policies

Date: Oct 11, 2003

Sixth Circuit Rules Employers Cannot Supersede FMLA with Stricter Internal Leave Policies Introduction In the case of Samuel J. Cavin v. Honda of America Manufacturing, Inc. (346 F.3d 713, 6th Cir....

Reversal of Conviction in United States v. Jenkins: Strict Scrutiny on Rule 404(b) Evidence in Drug Distribution Cases

Date: Oct 10, 2003

Reversal of Conviction in United States v. Jenkins: Strict Scrutiny on Rule 404(b) Evidence in Drug Distribution Cases Introduction In the case United States of America v. Candy Jenkins, 345 F.3d 928...

Clarifying FDCPA's Definition of 'Debt Collector' and 'Consumer' in Montgomery v. Huntington Bank

Date: Oct 10, 2003

Clarifying FDCPA's Definition of 'Debt Collector' and 'Consumer' in Montgomery v. Huntington Bank Introduction In the landmark case of Duane Montgomery v. Huntington Bank and Silver Shadow Recovery,...

Enhanced Pleading Standards Under PSLRA: Miller v. Champion Enterprises

Date: Oct 9, 2003

Enhanced Pleading Standards Under PSLRA: Miller v. Champion Enterprises, Inc. Introduction The case of Joel Miller; Gary Kissiah; Simche Margulies, individually and on behalf of all others similarly...

Affirmation of Probable Cause in Rodriguez-Suazo: A Sixth Circuit Precedent

Date: Oct 7, 2003

Affirmation of Probable Cause in Rodriguez-Suazo: A Sixth Circuit Precedent Introduction In the case of United States of America v. Alfredo Rodriguez-Suazo, 346 F.3d 637 (6th Cir. 2003), the United...

Williams v. Meyer: Establishing Standards for Excusable Neglect in Federal Habeas Proceedings

Date: Sep 26, 2003

Williams v. Meyer: Establishing Standards for Excusable Neglect in Federal Habeas Proceedings Introduction Case Citation: Theodore G. Williams v. William Meyer, 346 F.3d 607 (6th Cir. 2003) The case...

Sixth Circuit Clarifies Qualified Immunity Standards in Extended Detention Without Prompt Arraignment under §1983

Date: Sep 25, 2003

Sixth Circuit Clarifies Qualified Immunity Standards in Extended Detention Without Prompt Arraignment under §1983 Introduction In the landmark case of Mary Cherrington and Daija King v. Andre...

Affirmation of FMLA Protections and Front Pay Availability in Arban v. West Publishing Corp.

Date: Sep 25, 2003

Affirmation of FMLA Protections and Front Pay Availability in Arban v. West Publishing Corp. Introduction Daniel R. Arban filed a lawsuit against West Publishing Corporation alleging violations of...

Sixth Circuit Affirms Two-Year Statute of Limitations for 42 U.S.C. §1983 Claims in Ohio

Date: Sep 25, 2003

Sixth Circuit Affirms Two-Year Statute of Limitations for 42 U.S.C. §1983 Claims in Ohio Introduction In the case of Stewart Banks; Bambi Motel, Inc.; Richard H. Turner; P.T. Properties, Inc. v. City...

Sixth Circuit Reinforces AEDPA's One-Year Statute of Limitations and Deference to State Procedural Rulings in Vroman v. Brigano

Date: Sep 23, 2003

Sixth Circuit Reinforces AEDPA's One-Year Statute of Limitations and Deference to State Procedural Rulings in Vroman v. Brigano Introduction Mark Vroman v. Anthony Brigano is a pivotal case decided...

Affirmation of Suppression: Consent During Unlawful Arrest in United States v. Da

Date: Sep 20, 2003

Affirmation of Suppression: Consent During Unlawful Arrest in United States v. Da Introduction United States v. Da, 344 F.3d 623 (6th Cir. 2003), is a pivotal case that explores the boundaries of...

Affirmation of Summary Judgment in Reverse Race Discrimination Case under Title VII

Date: Sep 19, 2003

Affirmation of Summary Judgment in Reverse Race Discrimination Case under Title VII Introduction In the case of Thomas E. Sutherland, et al. v. Michigan Department of Treasury, et al. (344 F.3d 603),...

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