6th Circuit Case Commentaries

Reinforcing Employee Responsibility and Burden of Proof in Disability and Discrimination Claims: Hein v. All America Plywood Co.

Date: Nov 15, 2000

Reinforcing Employee Responsibility and Burden of Proof in Disability and Discrimination Claims: Hein v. All America Plywood Co. Introduction The case of Wayne Hein v. All America Plywood Company,...

Sixth Circuit Clarifies Vienna Convention Application and Apprendi's Influence on Drug Conspiracy Sentences in United States v. Har

Date: Nov 10, 2000

Sixth Circuit Clarifies Vienna Convention Application and Apprendi's Influence on Drug Conspiracy Sentences in United States v. Har Introduction In United States of America v. Har (232 F.3d 536), the...

Revisiting Prima Facie Standards in Employment Discrimination: Insights from Dews v. A.B. Dick Company

Date: Nov 9, 2000

Revisiting Prima Facie Standards in Employment Discrimination: Insights from Dews v. A.B. Dick Company Introduction Charlie DEWS v. A.B. Dick Company, 231 F.3d 1016 (6th Cir. 2000), is a landmark...

Establishing the Deliberate Indifference Standard in Student-On-Student Sexual Harassment Cases: Ste v. Vance

Date: Nov 7, 2000

Establishing the Deliberate Indifference Standard in Student-On-Student Sexual Harassment Cases: Ste v. Vance Introduction Ste v. Vance, Minor, by and through his mother, Deborah Vance; Alma McGowen,...

Relation-Back of Amended Complaints Under Rule 15(c)(2): The Miller v. American Heavy Lift Shipping Decision

Date: Nov 4, 2000

Relation-Back of Amended Complaints Under Rule 15(c)(2): The Miller v. American Heavy Lift Shipping Decision Introduction In Miller v. American Heavy Lift Shipping, et al. (231 F.3d 242, 6th Cir....

Medical Device Amendments Preempt State Law Claims: Kemp v. Medtronic Establishes Limits on Negligence Per Se and Fraud Claims in FDA-Regulated Devices

Date: Nov 2, 2000

Medical Device Amendments Preempt State Law Claims: Kemp v. Medtronic Establishes Limits on Negligence Per Se and Fraud Claims in FDA-Regulated Devices Introduction In Elizabeth and Clifford Kemp v....

Gall v. Parker: Upholding Due Process in Death Penalty Proceedings

Date: Oct 31, 2000

Gall v. Parker: Upholding Due Process in Death Penalty Proceedings Introduction Gall v. Parker, 231 F.3d 265 (6th Cir. 2000), is a pivotal case that reaffirms the constitutional safeguards in capital...

Jurisdictional Determination at Removal and Limitations on Rule 41(d) Costs: Rogers v. Wal-Mart Stores

Date: Oct 27, 2000

Jurisdictional Determination at Removal and Limitations on Rule 41(d) Costs: Rogers v. Wal-Mart Stores Introduction The case Shirley K. Rogers v. Wal-Mart Stores, Inc. (230 F.3d 868) adjudicated by...

Secured Claim Integrity Preserved: Sixth Circuit Declines Reclassification under Chapter 13 §1329(a)

Date: Oct 25, 2000

Secured Claim Integrity Preserved: Sixth Circuit Declines Reclassification under Chapter 13 §1329(a) Introduction The appellate case In re: Sahnica Denise Nolan, Debtor v. Chrysler Financial...

Establishing the Necessity of Application in Failure to Promote Discrimination Claims: Nguyen v. City of Cleveland

Date: Oct 12, 2000

Establishing the Necessity of Application in Failure to Promote Discrimination Claims: Nguyen v. City of Cleveland Introduction Nguyen v. City of Cleveland, 229 F.3d 559 (6th Cir. 2000), is a pivotal...

HECK v. HUMPHREY Reaffirmed: Restricting §1983 Claims in Prison Disciplinary Actions – Huey v. Stine

Date: Oct 12, 2000

HECK v. HUMPHREY Reaffirmed: Restricting §1983 Claims in Prison Disciplinary Actions – Huey v. Stine Introduction In the case of Joseph T. Huey v. Daniel Stine, the United States Court of Appeals for...

Recognition of Direct Evidence in Reverse Racial Discrimination Claims under §1983: WEberg v. Franks

Date: Oct 11, 2000

Recognition of Direct Evidence in Reverse Racial Discrimination Claims under §1983: WEberg v. Franks Introduction In WEberg v. Franks, 229 F.3d 514 (6th Cir. 2000), the United States Court of Appeals...

Antitrust Injury and Standing in Indeck Energy Services v. Consumers Energy Co.

Date: Oct 7, 2000

Antitrust Injury and Standing in Indeck Energy Services v. Consumers Energy Co. Introduction Indeck Energy Services, Inc. and Indeck Saginaw Limited Partnership ("Indeck") appealed the dismissal of...

Revitalizing Due Process: Prosecutorial Misconduct and Counsel Ineffectiveness in Washington v. Hofbauer

Date: Oct 7, 2000

Revitalizing Due Process: Prosecutorial Misconduct and Counsel Ineffectiveness in Washington v. Hofbauer Introduction Washington v. Hofbauer, 228 F.3d 689 (6th Cir. 2000), represents a pivotal...

Zero Tolerance Policies and Substantive Due Process: Insights from Seal v. Knox County Board of Education

Date: Oct 7, 2000

Zero Tolerance Policies and Substantive Due Process: Insights from Seal v. Knox County Board of Education Introduction The case of Dustin W. Seal v. Allen Morgan et al. adjudicated in the United...

Redacted Confessions and the Confrontation Clause: Insights from McGhee v. Yukins

Date: Oct 7, 2000

Redacted Confessions and the Confrontation Clause: Insights from McGhee v. Yukins Introduction Darnita McGhee v. Joan Yukins, Warden is a pivotal case decided by the United States Court of Appeals,...

Procedural Limitations and Standards for Ineffective Assistance of Counsel in Habeas Petitions: Analysis of McMeans v. Brigano

Date: Oct 6, 2000

Procedural Limitations and Standards for Ineffective Assistance of Counsel in Habeas Petitions: Analysis of McMeans v. Brigano Introduction McMeans v. Brigano is a significant case decided by the...

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6th Circuit Case Commentaries

Reinforcing Employee Responsibility and Burden of Proof in Disability and Discrimination Claims: Hein v. All America Plywood Co.

Sixth Circuit Clarifies Vienna Convention Application and Apprendi's Influence on Drug Conspiracy Sentences in United States v. Har

Revisiting Prima Facie Standards in Employment Discrimination: Insights from Dews v. A.B. Dick Company

Establishing the Deliberate Indifference Standard in Student-On-Student Sexual Harassment Cases: Ste v. Vance

Relation-Back of Amended Complaints Under Rule 15(c)(2): The Miller v. American Heavy Lift Shipping Decision

Medical Device Amendments Preempt State Law Claims: Kemp v. Medtronic Establishes Limits on Negligence Per Se and Fraud Claims in FDA-Regulated Devices

Gall v. Parker: Upholding Due Process in Death Penalty Proceedings

Jurisdictional Determination at Removal and Limitations on Rule 41(d) Costs: Rogers v. Wal-Mart Stores

Secured Claim Integrity Preserved: Sixth Circuit Declines Reclassification under Chapter 13 §1329(a)

Establishing the Necessity of Application in Failure to Promote Discrimination Claims: Nguyen v. City of Cleveland

HECK v. HUMPHREY Reaffirmed: Restricting §1983 Claims in Prison Disciplinary Actions – Huey v. Stine

Recognition of Direct Evidence in Reverse Racial Discrimination Claims under §1983: WEberg v. Franks

Antitrust Injury and Standing in Indeck Energy Services v. Consumers Energy Co.

Revitalizing Due Process: Prosecutorial Misconduct and Counsel Ineffectiveness in Washington v. Hofbauer

Zero Tolerance Policies and Substantive Due Process: Insights from Seal v. Knox County Board of Education

Redacted Confessions and the Confrontation Clause: Insights from McGhee v. Yukins

Procedural Limitations and Standards for Ineffective Assistance of Counsel in Habeas Petitions: Analysis of McMeans v. Brigano

Balancing Access to Justice and Fiscal Responsibility: The Sixth Circuit’s Upholding of §803(d)(3) under the PLRA

Enforcement of Settlement Agreements: McAlpin v. Lexington 76 Auto Truck Stop

Ensuring Fairness in ERISA Disability Claims: Arbitrary and Capricious Review in Williams v. International Paper