6th Circuit Case Commentaries

Enhancing Interpretation of ERISA's Election Period: Shields v. Reader's Digest Association, Inc.

Date: Jun 10, 2003

Enhancing Interpretation of ERISA's Election Period: Shields v. Reader's Digest Association, Inc. Introduction Shields v. Reader's Digest Association, Inc. is a pivotal case adjudicated by the United...

State Use of Social Security Benefits as Representative Payee: Sixth Circuit Establishes Precedent Post-Keffeler

Date: Jun 7, 2003

State Use of Social Security Benefits as Representative Payee: Sixth Circuit Establishes Precedent Post-Keffeler Introduction In the landmark case of Gean, Greene, and Cross v. Hattaway, decided by...

Protecting Mixed Speech: Sixth Circuit Reverses Summary Judgment in First Amendment Retaliation Case

Date: Jun 7, 2003

Protecting Mixed Speech: Sixth Circuit Reverses Summary Judgment in First Amendment Retaliation Case Introduction The case of Netta Banks v. Wolfe County Board of Education addresses critical issues...

Habich v. City of Dearborn: Federal Court Retains Jurisdiction Over Equal Protection and Due Process Claims

Date: Jun 7, 2003

Habich v. City of Dearborn: Federal Court Retains Jurisdiction Over Equal Protection and Due Process Claims Introduction In the landmark case of Barbara Habich v. City of Dearborn, the United States...

Attribution of Private Actors as State Actors in Due Process Claims: Wittstock v. Van Sile

Date: Jun 7, 2003

Attribution of Private Actors as State Actors in Due Process Claims: Wittstock v. Van Sile Introduction The case of Joseph A. Wittstock, III v. Mark A. Van Sile, Inc. adjudicated by the United States...

Reinforcing Counsel's Duty to Inform Defendants of Plea Offers: Griffin v. United States

Date: Jun 5, 2003

Reinforcing Counsel's Duty to Inform Defendants of Plea Offers: Griffin v. United States Introduction The case of Phillip Griffin v. United States (330 F.3d 733, 6th Cir. 2003) serves as a pivotal...

Affirmation of District Court's Summary Judgment in Spadafore v. Gardner Establishes Requirements for § 1983 Conspiracy Claims

Date: Jun 4, 2003

Affirmation of District Court's Summary Judgment in Spadafore v. Gardner Establishes Requirements for § 1983 Conspiracy Claims Introduction The case of Francis Spadafore and Carol Spadafore v. Chet...

Enhanced Protections Against Indigent Debt-Related Incarceration: Insights from Alkire v. Irving

Date: Jun 3, 2003

Enhanced Protections Against Indigent Debt-Related Incarceration: Insights from Alkire v. Irving Introduction In the landmark case Lloyd D. Alkire v. Judge Jane Irving, et al., adjudicated by the...

Defining the Boundaries of Prosecutorial Absolute Immunity: Thompson v. Spurlock

Date: May 31, 2003

Defining the Boundaries of Prosecutorial Absolute Immunity: Thompson v. Spurlock Introduction The case of Robert Spurlock and Ronnie Marshall v. Tommy P. Thompson (330 F.3d 791, 6th Cir. 2003) is a...

Administrative Forfeiture Actions Tolling Statute of Limitations: Insights from United States v. Short

Date: May 28, 2003

Administrative Forfeiture Actions Tolling Statute of Limitations: Insights from United States v. Short Introduction United States v. NINETY-THREE (93) FIREARMS, and Assorted Firearm Parts and...

Establishing Intent in Wire Fraud: Insights from United States v. Ralph M. Daniel, Jr.

Date: May 23, 2003

Establishing Intent in Wire Fraud: Insights from United States v. Ralph M. Daniel, Jr. Introduction In United States of America v. Ralph M. Daniel, Jr. (329 F.3d 480), the United States Court of...

Impact of Tennessee Supreme Court Rule 39 on Procedural Default and Confrontation Clause Rights: Adams v. Holland

Date: May 21, 2003

Impact of Tennessee Supreme Court Rule 39 on Procedural Default and Confrontation Clause Rights: Adams v. Holland Introduction Frank E. Adams v. Flora J. Holland, 330 F.3d 398 (6th Cir. 2003), is a...

Sixth Circuit Establishes Two-Step Substantial Similarity Test in Copyright Infringement Cases

Date: May 21, 2003

Sixth Circuit Establishes Two-Step Substantial Similarity Test in Copyright Infringement Cases Introduction In the landmark case of Louis M. KOHUS v. John V. MARIOL; James F. Mariol; JVM Innovation...

Indiana Law Prevails in Choice-of-Law Analysis for Contribution Claims: Muncie Power Products, Inc. v. United Technologies Automotive, Inc.

Date: May 16, 2003

Indiana Law Prevails in Choice-of-Law Analysis for Contribution Claims: Muncie Power Products, Inc. v. United Technologies Automotive, Inc. Introduction The case of Muncie Power Products, Inc. v....

Confrontation Clause and Hearsay Exceptions Upheld in Richard BUGH v. Betty MITCHELL

Date: May 14, 2003

Confrontation Clause and Hearsay Exceptions Upheld in Richard BUGH v. Betty MITCHELL Introduction Richard BUGH v. Betty MITCHELL is a significant case adjudicated by the United States Court of...

Clarifying Defamation Per Se Standards: Gahafer v. Ford Motor Company

Date: May 13, 2003

Clarifying Defamation Per Se Standards: Gahafer v. Ford Motor Company Introduction In the landmark case of Vincent Gahafer v. Ford Motor Company, reported in 328 F.3d 859, the United States Court of...

Balancing Artistic Expression and Celebrity Rights: Comprehensive Analysis of Rosa Parks v. LaFace Records

Date: May 13, 2003

Balancing Artistic Expression and Celebrity Rights: Comprehensive Analysis of Rosa Parks v. LaFace Records Introduction In the landmark case of Rosa Parks v. LaFace Records, et al. (329 F.3d 437,...

FCRA §1681t(b)(1)(F) and Preemption of State Defamation and Slander Claims: Comprehensive Analysis of Stafford v. Cross Country Bank

Date: May 9, 2003

FCRA §1681t(b)(1)(F) and Preemption of State Defamation and Slander Claims: Comprehensive Analysis of Stafford v. Cross Country Bank Introduction In John Julie Stafford v. Cross Country Bank (262 F....

Party Dismissal Under Federal Rule of Civil Procedure 21: Insights from Letherer v. Alger Group

Date: May 8, 2003

Party Dismissal Under Federal Rule of Civil Procedure 21: Insights from Letherer v. Alger Group Introduction In the case of R. Kenny Letherer et al. v. Alger Group, L.L.C. et al., decided by the...

Statute of Limitations and Equitable Tolling in Habeas Corpus: McClendon v. Sherman

Date: May 8, 2003

Statute of Limitations and Equitable Tolling in Habeas Corpus: McClendon v. Sherman Introduction The case of Demetrius McClendon v. Terry Sherman, Warden, adjudicated by the United States Court of...

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