6th Circuit Case Commentaries

Proper Weighting of Treating Physicians' Testimony in Disability Claims: Rogers v. Commissioner of Social Security

Date: May 25, 2007

Proper Weighting of Treating Physicians' Testimony in Disability Claims: Rogers v. Commissioner of Social Security Introduction The case of Debra Rogers v. Commissioner of Social Security serves as a...

Enforceability of Joinder Deadlines in Involuntary Bankruptcy Petitions: Insights from In re DSC, Ltd.

Date: May 24, 2007

Enforceability of Joinder Deadlines in Involuntary Bankruptcy Petitions: Insights from In re DSC, Ltd. Introduction The case of Riverview Trenton Railroad Company; Crown Enterprises, Inc. v. DSC,...

Qualified Immunity for Emergency Responders in Fourth Amendment Claims: Peete v. Metropolitan Government of Nashville

Date: May 23, 2007

Qualified Immunity for Emergency Responders in Fourth Amendment Claims: Peete v. Metropolitan Government of Nashville Introduction Peete v. Metropolitan Government of Nashville and Davidson County is...

Enforceability of Non-Compete Covenants in the Title Insurance Industry: Insights from Chicago Title Insurance Corp. v. Magnuson

Date: May 22, 2007

Enforceability of Non-Compete Covenants in the Title Insurance Industry: Insights from Chicago Title Insurance Corp. v. Magnuson 1. Introduction The case of Chicago Title Insurance Corporation v....

United States v. Joseph Arnold: Establishing New Standards for Confrontation Clause and Excited Utterance Exceptions

Date: May 19, 2007

United States v. Joseph Arnold: Establishing New Standards for Confrontation Clause and Excited Utterance Exceptions Introduction The case of United States of America, Plaintiff-Appellee, v. Joseph...

Affirmation of Procedural Rulings and Ineffective Counsel Claims in Death Penalty Habeas Corpus Petition

Date: May 19, 2007

Affirmation of Procedural Rulings and Ineffective Counsel Claims in Death Penalty Habeas Corpus Petition Introduction In the landmark case of Darryl M. Durr v. Betty Mitchell, 487 F.3d 423 (6th Cir....

Mapouya v. Gonzales: Upholding Fair Credibility Assessments and Re-evaluating Changed Country Conditions in Asylum Proceedings

Date: May 19, 2007

Mapouya v. Gonzales: Upholding Fair Credibility Assessments and Re-evaluating Changed Country Conditions in Asylum Proceedings Introduction In the case of Blaise Mapouya v. Alberto R. Gonzales,...

Statute of Limitations in Federal Habeas Corpus Petitions: Insights from Bachman v. Bagley

Date: May 19, 2007

Statute of Limitations in Federal Habeas Corpus Petitions: Insights from Bachman v. Bagley Introduction Ronald Dale Bachman, the petitioner-appellant, was convicted in Ohio state court on multiple...

Reaffirmation of Habeas Corpus Standards in Capital Cases: Foley v. Parker

Date: May 18, 2007

Reaffirmation of Habeas Corpus Standards in Capital Cases: Foley v. Parker Introduction Robert Carl Foley v. Philip Parker, Warden, Kentucky State Penitentiary (488 F.3d 377) is a significant case...

Cooper v. Life Insurance Company of North America: Establishing Standards for Disability Claims under ERISA

Date: May 17, 2007

Cooper v. Life Insurance Company of North America: Establishing Standards for Disability Claims under ERISA Introduction Becky Cooper, an employee of ACE Insurance Co., filed a lawsuit against Life...

Affirming Limits on Substantive Due Process Claims under §1983: Mitchell v. McNeil

Date: May 16, 2007

Affirming Limits on Substantive Due Process Claims under §1983: Mitchell v. McNeil Introduction In the case of Louis Mitchell and Betty Foster, as parents and next friends of Daniel Mitchell,...

United States v. Valentine: Sixth Circuit Upholds Non-Retroactivity of Booker but Grants Relief on Ineffective Assistance Claims

Date: May 15, 2007

United States v. Valentine: Sixth Circuit Upholds Non-Retroactivity of Booker but Grants Relief on Ineffective Assistance Claims Introduction United States v. Valentine (488 F.3d 325, 2007) is a...

Standing and the Overbreadth Doctrine in First Amendment Challenges: PRIME MEDIA, INC. v. CITY OF BRENTWOOD

Date: May 9, 2007

Standing and the Overbreadth Doctrine in First Amendment Challenges: PRIME MEDIA, INC. v. CITY OF BRENTWOOD Introduction PRIME MEDIA, INC. v. CITY OF BRENTWOOD is a significant case adjudicated by...

Thurman v. Pfizer: State-Law Claims Not Fully Preempted by ERISA

Date: May 9, 2007

Thurman v. Pfizer: State-Law Claims Not Fully Preempted by ERISA Introduction Parties Involved: Dr. Dale Thurman (Plaintiff-Appellant) vs. Pfizer, Inc. (Defendant-Appellee) Court: United States Court...

Sixth Circuit Upholds Tennessee's Three-Drug Lethal-Injection Protocol in Workman v. Governor

Date: May 8, 2007

Sixth Circuit Upholds Tennessee's Three-Drug Lethal-Injection Protocol in Philip Workman v. Governor Braeden Introduction The appellate case Philip Workman v. Governor Phil Bredesen, et al., decided...

Brady Disclosure Standards in Post-Trial Plea Agreements: MATTHEWS v. ISHEE

Date: May 5, 2007

Brady Disclosure Standards in Post-Trial Plea Agreements: MATTHEWS v. ISHEE Introduction Rasheem Matthews v. Todd Ishee, 486 F.3d 883 (6th Cir. 2007), addresses critical issues surrounding...

Honda of America Mfg., Inc. v. Kleiber: Defining the Boundaries of Reasonable Accommodation under the ADA

Date: May 4, 2007

Honda of America Mfg., Inc. v. Kleiber: Defining the Boundaries of Reasonable Accommodation under the ADA 1. Introduction The case of Michael E. Kleiber v. Honda of America Manufacturing, Inc.,...

Enhanced Pleading Standards Under PSLRA Affirmed in Clemens Trust v. Morgan Stanley

Date: May 3, 2007

Enhanced Pleading Standards Under PSLRA Affirmed in Clemens Trust v. Morgan Stanley Introduction In the landmark case of The Robert N. Clemens Trust, et al. v. Morgan Stanley DW, Inc., decided on May...

Rigorous Application of Daubert Standards in Expert Testimony Admissibility: Johnson v. Manitowoc Boom Trucks, Inc.

Date: May 1, 2007

Rigorous Application of Daubert Standards in Expert Testimony Admissibility: Johnson v. Manitowoc Boom Trucks, Inc. Introduction In the case of Shirley Johnson, as Legal Guardian of Michael...

Limits on Procedural Default and Admissibility of Bite-Mark Evidence: Insights from Ege v. Yukins

Date: Apr 25, 2007

Limits on Procedural Default and Admissibility of Bite-Mark Evidence: Insights from Ege v. Yukins Introduction Carol Ege was convicted of first-degree murder for the killing of Cindy Thompson, a case...