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  • Commentaries
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6th Circuit Case Commentaries

Restricting Exclusive Municipal Waste Franchises: A Landmark Dormant Commerce Clause Decision

Restricting Exclusive Municipal Waste Franchises: A Landmark Dormant Commerce Clause Decision

Date: Jun 1, 2000
Restricting Exclusive Municipal Waste Franchises: A Landmark Dormant Commerce Clause Decision Introduction The case of Huish Detergents, Inc. v. Warren County, Kentucky; Monarch Environmental, Inc....
Interstate Arms v. Davis: Affirmation of FSIA § 1441(d) and the Simple Tool Doctrine in Product Liability

Interstate Arms v. Davis: Affirmation of FSIA § 1441(d) and the Simple Tool Doctrine in Product Liability

Date: Jun 1, 2000
Interstate Arms v. Davis: Affirmation of FSIA § 1441(d) and the Simple Tool Doctrine in Product Liability Introduction The case of Belva Davis, Individually and as Personal Representative of the...
Affirmation of Habeas Corpus Denial Under STONE v. POWELL and AEDPA in Machacek v. Hofbauer

Affirmation of Habeas Corpus Denial Under STONE v. POWELL and AEDPA in Machacek v. Hofbauer

Date: May 27, 2000
Affirmation of Habeas Corpus Denial Under STONE v. POWELL and AEDPA in Machacek v. Hofbauer Introduction Christopher Machacek v. Gerald Hofbauer, Warden, 213 F.3d 947 (6th Cir. 2000), is a pivotal...
Affirmation of Judicial Discretion in Upward Sentencing Departures: Austin v. Jackson

Affirmation of Judicial Discretion in Upward Sentencing Departures: Austin v. Jackson

Date: May 19, 2000
Affirmation of Judicial Discretion in Upward Sentencing Departures: Austin v. Jackson Introduction In the case of John Austin v. Andrew Jackson, Warden; Huron Valley Men's Facility, 213 F.3d 298 (6th...
Strict Interpretation of "Clearly Established Federal Law" under AEDPA Affirmed in Harris v. Stovall

Strict Interpretation of "Clearly Established Federal Law" under AEDPA Affirmed in Harris v. Stovall

Date: May 19, 2000
Strict Interpretation of "Clearly Established Federal Law" under AEDPA Affirmed in Harris v. Stovall Introduction In Donald Harris v. Clarice Stovall, 212 F.3d 940 (6th Cir. 2000), the United States...
Vested Retiree Benefits Under Collective Bargaining Agreements: Analysis of United Steelworkers v. Joy Technologies

Vested Retiree Benefits Under Collective Bargaining Agreements: Analysis of United Steelworkers v. Joy Technologies

Date: May 13, 2000
Vested Retiree Benefits Under Collective Bargaining Agreements: Analysis of United Steelworkers v. Joy Technologies Introduction The case of United Steelworkers of America, et al. v. Joy...
Notice Requirements Under FMLA: Plant v. Morton International, Inc.

Notice Requirements Under FMLA: Plant v. Morton International, Inc.

Date: May 13, 2000
Notice Requirements Under FMLA: Plant v. Morton International, Inc. Introduction The case of Philip R. Plant v. Morton International, Inc. adjudicated by the United States Court of Appeals for the...
Full Cooperation vs. Substantial Assistance: Sixth Circuit Sets Precedent in Plea Agreement Enforcement

Full Cooperation vs. Substantial Assistance: Sixth Circuit Sets Precedent in Plea Agreement Enforcement

Date: May 11, 2000
Full Cooperation vs. Substantial Assistance: Sixth Circuit Sets Precedent in Plea Agreement Enforcement Introduction In United States of America v. Gregory Wells, M.D.; Ronald Lee Dillion, the United...
Understanding Declaratory Judgment Jurisdiction in Insurance Coverage Disputes: Scottsdale Insurance Co. v. Roumph

Understanding Declaratory Judgment Jurisdiction in Insurance Coverage Disputes: Scottsdale Insurance Co. v. Roumph

Date: May 5, 2000
Clarifying Declaratory Judgment Jurisdiction in Insurance Coverage Disputes: Scottsdale Insurance Co. v. Roumph Introduction The case of Scottsdale Insurance Company v. Beverly Roumph addresses a...
Balancing Reliability and Specificity in Probable Cause: Analysis of United States v. Allen

Balancing Reliability and Specificity in Probable Cause: Analysis of United States v. Allen

Date: May 5, 2000
Balancing Reliability and Specificity in Probable Cause: Analysis of United States v. Kenneth Eugene Allen Introduction United States of America v. Kenneth Eugene Allen is a pivotal case adjudicated...
Lawsons v. Shelby County: Clarifying Eleventh Amendment Immunity and Statute of Limitations in Voting Rights Cases

Lawsons v. Shelby County: Clarifying Eleventh Amendment Immunity and Statute of Limitations in Voting Rights Cases

Date: May 4, 2000
Lawsons v. Shelby County: Clarifying Eleventh Amendment Immunity and Statute of Limitations in Voting Rights Cases Introduction In Lawsons v. Shelby County, the plaintiffs, Randy and Sharon Lawson,...
Establishing Enterprise Criteria under RICO: Insights from Vandenbroeck v. CommonPoint Mortgage

Establishing Enterprise Criteria under RICO: Insights from Vandenbroeck v. CommonPoint Mortgage

Date: May 2, 2000
Establishing Enterprise Criteria under RICO: Insights from Vandenbroeck v. CommonPoint Mortgage Introduction In the landmark case of Sandra Vandenbroeck, et al. v. CommonPoint Mortgage Company, et...
Enforceability of Arbitration Agreements in Federal Statutory Claims: Floss v. Ryan's Family Steak Houses

Enforceability of Arbitration Agreements in Federal Statutory Claims: Floss v. Ryan's Family Steak Houses

Date: May 2, 2000
Enforceability of Arbitration Agreements in Federal Statutory Claims: Floss v. Ryan's Family Steak Houses Introduction The case of Sharon Floss v. Ryan's Family Steak Houses, Inc. addressed pivotal...
Standards for Vacating Arbitration Awards: Insights from Dawahare v. Spencer and Dean Witter Reynolds

Standards for Vacating Arbitration Awards: Insights from Dawahare v. Spencer and Dean Witter Reynolds

Date: Apr 28, 2000
Standards for Vacating Arbitration Awards: Insights from Dawahare v. Spencer and Dean Witter Reynolds, Inc. Introduction Woodrow W. Dawahare v. Adam A. Spencer; Dean Witter Reynolds, Inc.; Smith...
Distinguishing Misconduct from Disability in ADA Claims: Martin v. Barnesville Exempted Village School District

Distinguishing Misconduct from Disability in ADA Claims: Martin v. Barnesville Exempted Village School District

Date: Apr 22, 2000
Distinguishing Misconduct from Disability in ADA Claims: Martin v. Barnesville Exempted Village School District Introduction Martin v. Barnesville Exempted Village School District Board of Education,...
Reaffirmation of Procedural Default Doctrine in Federal Habeas Review: Scott v. Mitchell

Reaffirmation of Procedural Default Doctrine in Federal Habeas Review: Scott v. Mitchell

Date: Apr 20, 2000
Reaffirmation of Procedural Default Doctrine in Federal Habeas Review: Scott v. Mitchell Introduction Scott v. Mitchell is a pivotal decision by the United States Court of Appeals for the Sixth...
Sixth Circuit Strengthens Protections Against Race Discrimination and Retaliatory Termination in Public Employment

Sixth Circuit Strengthens Protections Against Race Discrimination and Retaliatory Termination in Public Employment

Date: Apr 14, 2000
Sixth Circuit Strengthens Protections Against Race Discrimination and Retaliatory Termination in Public Employment Introduction The United States Court of Appeals for the Sixth Circuit, in the case...
Constructive Receipt of EEOC Right to Sue Notice Triggers Strict 90-Day Limitation Period Under Title VII

Constructive Receipt of EEOC Right to Sue Notice Triggers Strict 90-Day Limitation Period Under Title VII

Date: Apr 7, 2000
Constructive Receipt of EEOC Right to Sue Notice Triggers Strict 90-Day Limitation Period Under Title VII Introduction The case of Gwendolyn T. Graham-Humphreys v. Memphis Brooks Museum of Art, Inc....
Byrd v. Collins: Upholding State Court Fact-Finding in Capital Cases

Byrd v. Collins: Upholding State Court Fact-Finding in Capital Cases

Date: Apr 7, 2000
Byrd v. Collins: Upholding State Court Fact-Finding in Capital Cases Introduction Byrd v. Collins, 209 F.3d 486 (6th Cir. 2000), is a pivotal case from the United States Court of Appeals for the...
Kellogg Co. v. Exxon Corp.: Redefining Acquiescence in Trademark Law

Kellogg Co. v. Exxon Corp.: Redefining Acquiescence in Trademark Law

Date: Apr 7, 2000
Kellogg Co. v. Exxon Corp.: Redefining Acquiescence in Trademark Law Introduction Kellogg Company, a renowned producer of breakfast cereals, initiated a trademark infringement lawsuit against Exxon...
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