6th Circuit Case Commentaries

Qualified Immunity and Excessive Force: Insights from Livermore v. Rohm (6th Cir. 2007)

Date: Feb 8, 2007

Qualified Immunity and Excessive Force: Insights from Livermore v. Rohm (6th Cir. 2007) Introduction The case of Geraldine Livermore v. Estate of Roland E. Rohm (476 F.3d 397) adjudicated by the...

Sanford and Hill v. United States: Probable Cause in Traffic Stops under Tennessee Law

Date: Feb 7, 2007

Sanford and Hill v. United States: Probable Cause in Traffic Stops under Tennessee Law Introduction Sanford and Hill v. United States is a pivotal case adjudicated by the United States Court of...

Sixth Circuit Reaffirms First Amendment Protections in Retaliatory Arrest Case

Date: Feb 3, 2007

Sixth Circuit Reaffirms First Amendment Protections in Retaliatory Arrest Case Introduction In the landmark case Thomas Leonard v. Stephen Robinson, decided on February 2, 2007, the United States...

Reaffirming Federal Probable Cause Standards and Limiting State Law Influence in §1983 Claims: Analysis of Wilson v. Knox County

Date: Feb 2, 2007

Reaffirming Federal Probable Cause Standards and Limiting State Law Influence in §1983 Claims: Analysis of Wilson v. Knox County Introduction Wilson v. Knox County, 477 F.3d 326 (6th Cir. 2007), is a...

Affirmation of Summary Judgment in Bench Signs v. City of Canton: Implications for §1983 and Tortious Interference Claims

Date: Feb 2, 2007

Affirmation of Summary Judgment in Bench Signs v. City of Canton: Implications for §1983 and Tortious Interference Claims Introduction The case of Bench Signs Unlimited, Inc. v. City of Canton (221...

Affirmation of Waiver and Protective Sweep Standards in United States v. Stover & Hinton

Date: Jan 31, 2007

Affirmation of Waiver and Protective Sweep Standards in United States v. Stover & Hinton Introduction United States of America v. Bart Stover and Timothy Hinton (474 F.3d 904, 6th Cir. 2007) is a...

Good Reason and Veil-Piercing Liability: Insights from Servo Kinetics v. Moog

Date: Jan 31, 2007

Good Reason and Veil-Piercing Liability: Insights from Servo Kinetics v. Moog Introduction Servo Kinetics, Inc. ("SKI") entered into a five-year exclusive distribution agreement with Tokyo Precision...

Mitigating Evidence Consideration in Resentencing: Davis v. Coyle

Date: Jan 30, 2007

Mitigating Evidence Consideration in Resentencing: Davis v. Coyle Introduction Von Clark Davis v. Ralph Coyle, 475 F.3d 761 (6th Cir. 2007), is a pivotal case that addresses the rights of capital...

Enforcement of Arbitration Awards within Collective Bargaining Agreements: Insights from MFR v. SEIU Local 517M

Date: Jan 27, 2007

Enforcement of Arbitration Awards within Collective Bargaining Agreements: Insights from MFR v. SEIU Local 517M Introduction The case of Michigan Family Resources, Inc. (MFR) v. Service Employees...

Qualified Immunity in First Amendment Retaliation: Analysis of Da v. Haynes

Date: Jan 26, 2007

Qualified Immunity in First Amendment Retaliation: Analysis of Da v. Haynes Introduction Da v. H. Haynes, decided by the United States Court of Appeals for the Sixth Circuit on January 25, 2007,...

Affirmation of Convictions in United States v. Hal M. Atchley: Strengthening Standards for Exigent Circumstances in Drug Manufacturing Cases

Date: Jan 24, 2007

Affirmation of Convictions in United States v. Hal M. Atchley: Strengthening Standards for Exigent Circumstances in Drug Manufacturing Cases Introduction United States v. Hal M. Atchley is a pivotal...

Reinforcing the Duty of ALJs in Evaluating Medical Evidence for Unrepresented Claimants: D'Angelo v. SSA

Date: Jan 23, 2007

Reinforcing the Duty of Administrative Law Judges in Evaluating Medical Evidence for Unrepresented Claimants: D'Angelo v. SSA Introduction In the landmark case of David D'Angelo v. Commissioner of...

Reaffirming Rooker-Feldman Doctrine and Res Judicata in SCFRA Pension Benefit Conversion Cases: Abbott v. State of Michigan

Date: Jan 23, 2007

Reaffirming Rooker-Feldman Doctrine and Res Judicata in SCFRA Pension Benefit Conversion Cases: Abbott v. State of Michigan Introduction In the landmark case of Abbott et al. v. State of Michigan et...

Establishing Limits on Rule 60(b)(6) Relief in Habeas Corpus Petitions: Insights from Stokes v. Williams

Date: Jan 20, 2007

Establishing Limits on Rule 60(b)(6) Relief in Habeas Corpus Petitions: Insights from Stokes v. Williams Introduction Frank L. Stokes v. Jessie Williams, Warden is a significant appellate decision...

Affirmation of Jury Verdict in Age Discrimination Case: Standards for Judgment as a Matter of Law

Date: Jan 19, 2007

Affirmation of Jury Verdict in Age Discrimination Case: Standards for Judgment as a Matter of Law Introduction In Patricia Burlin Tuttle v. Metropolitan Government of Nashville and Davidson County,...

Admissibility Standards for Prior Incident Reports and Expert Testimony in Common Carrier Negligence Cases

Date: Jan 19, 2007

Admissibility Standards for Prior Incident Reports and Expert Testimony in Common Carrier Negligence Cases 1. Introduction The case of Sharon Surles v. Greyhound Lines, Inc., decided by the United...

Affirming Non-Critical Stage Status of Consolidation Hearings under the Sixth Amendment

Date: Jan 17, 2007

Affirming Non-Critical Stage Status of Consolidation Hearings under the Sixth Amendment Introduction The case of Roeur Van v. Kurt Jones, Warden explores the boundaries of the Sixth Amendment's...

Affirmation of Effective Assistance of Counsel Standards in Capital Cases: Benge v. Johnson

Date: Jan 17, 2007

Affirmation of Effective Assistance of Counsel Standards in Capital Cases: Benge v. Johnson Introduction In the landmark case of Michael W. Benge v. David Johnson, decided on January 16, 2007, by the...

Affirmation that Dismissal is an Inappropriate Remedy for Speedy Trial Act Violations in United States v. Jackson

Date: Jan 13, 2007

Affirmation that Dismissal is an Inappropriate Remedy for Speedy Trial Act Violations in United States v. Jackson Introduction United States v. Charles J. Jackson, 473 F.3d 660 (6th Cir. 2007), is a...

Reversing Summary Judgment: Sixth Circuit Clarifies Standards for Use of Vascular Neck Restraints under Qualified Immunity

Date: Jan 11, 2007

Reversing Summary Judgment: Sixth Circuit Clarifies Standards for Use of Vascular Neck Restraints under Qualified Immunity Introduction The case of Liler Razor Griffith, Personal Representative of...