6th Circuit Case Commentaries

Affirming the Primacy of Federal Appellate Cost Procedures over PLRA in Cost Awards Against Incarcerated Litigants

Date: Sep 19, 2006

Affirming the Primacy of Federal Appellate Cost Procedures over PLRA in Cost Awards Against Incarcerated Litigants Introduction The case of Christopher Skinner v. A. Peter Govorchin, et al. explores...

Reasonable Relation of Special Supervised-Release Conditions to Offense and Criminal History: Insights from United States v. Carter

Date: Sep 19, 2006

Reasonable Relation of Special Supervised-Release Conditions to Offense and Criminal History: Insights from United States v. Carter (6th Cir., 2006) Introduction The case of United States of America...

Reversal of Qualified Immunity in Excessive Force and First Amendment Claims: Swiecicki v. Delgado

Date: Sep 16, 2006

Reversal of Qualified Immunity in Excessive Force and First Amendment Claims: Swiecicki v. Delgado Introduction The case of Jeffrey Swiecicki v. Jose Delgado (463 F.3d 489, 6th Cir. 2006) presents a...

Affirmation of Summary Judgment in Age and Sex Discrimination Claims: Briggs v. Potter

Date: Sep 16, 2006

Affirmation of Summary Judgment in Age and Sex Discrimination Claims: Briggs v. Potter Introduction Briggs v. Potter is a seminal case adjudicated by the United States Court of Appeals for the Sixth...

Affirmation of RICO Conspiracy Convictions and Sentencing Guidelines Application in United States v. Gardiner & Lupo

Date: Sep 13, 2006

Affirmation of RICO Conspiracy Convictions and Sentencing Guidelines Application in United States v. Gardiner & Lupo Introduction The case of United States of America v. John F. Gardiner and Ronald...

Procedural Default and Ineffective Assistance of Counsel: Insights from Smith v. Ohio Dept. of Rehab. Corr.

Date: Sep 9, 2006

Procedural Default and Ineffective Assistance of Counsel: Insights from Smith v. Ohio Department of Rehabilitation and Corrections (6th Cir. 2006) Introduction Scott M. Smith, the...

Ballot Access Restrictions and First Amendment Rights: Analysis of Libertarian Party of Ohio v. Blackwell

Date: Sep 7, 2006

Ballot Access Restrictions and First Amendment Rights: Analysis of Libertarian Party of Ohio v. Blackwell Introduction In Libertarian Party of Ohio; Jason Hallmark; Dena Bruedigam; Patrick J....

Reaffirming Substantial Evidence and Streamlined Review in Asylum Proceedings: Aneta Lumaj v. Gonzales

Date: Sep 7, 2006

Reaffirming Substantial Evidence and Streamlined Review in Asylum Proceedings: Aneta Lumaj v. Gonzales Introduction The case of Aneta Lumaj v. Alberto R. Gonzales (462 F.3d 574) adjudicated by the...

Affirmation of Broad Injunctive Powers in Equity Receiverships to Prevent Unauthorized Satellite Litigation

Date: Sep 6, 2006

Affirmation of Broad Injunctive Powers in Equity Receiverships to Prevent Unauthorized Satellite Litigation Introduction The case of Liberte Capital Group, LLC, et al. v. Southwestern Life Insurance...

Destruction of Subject-Matter Jurisdiction by Amending Defendants: Upholding Complete Diversity in Federal Court

Date: Sep 6, 2006

Destruction of Subject-Matter Jurisdiction by Amending Defendants: Upholding Complete Diversity in Federal Court Introduction The appellate case, Floyd CURRY, Plaintiff-Appellant, v. U.S. BULK...

ERISA Disability Determinations: Addressing Conflict of Interest and Incorporating Social Security Findings - Glenn v. MetLife

Date: Sep 2, 2006

ERISA Disability Determinations: Addressing Conflict of Interest and Incorporating Social Security Findings - Glenn v. MetLife Introduction In the landmark case of Wanda Glenn v. Metropolitan Life...

Sixth Circuit Expands 'Knock and Talk' to Home Curtilage in Hardesty v. Hamburg Township

Date: Sep 2, 2006

Sixth Circuit Expands 'Knock and Talk' to Home Curtilage in Hardesty v. Hamburg Township Introduction The case of Joseph Carleton Hardesty et al. v. Hamburg Township et al. (461 F.3d 646, 2006)...

Sixth Circuit Reverses Dismissal of Post-Litigation Bad Faith Claims under KUCSPA: Rawe v. Liberty Mutual

Date: Sep 2, 2006

Sixth Circuit Reverses Dismissal of Post-Litigation Bad Faith Claims under KUCSPA: Rawe v. Liberty Mutual Introduction In the landmark case of Melissa Rawe; Thomas J. Rawe; Kimberly Rawe v. Liberty...

Affirmation of Hobbs Act Conspiracy and Public Official Corruption: United States v. Kelley III & Kelley

Date: Sep 1, 2006

Affirmation of Hobbs Act Conspiracy and Public Official Corruption: United States v. Kelley III & Kelley Introduction The case of United States of America v. Wilbourne A. Kelley III and Barbara...

United States v. Collington: Upholding Downward Variance in Sentencing Beyond Advisory Guidelines

Date: Sep 1, 2006

United States v. Collington: Upholding Downward Variance in Sentencing Beyond Advisory Guidelines 1. Introduction United States of America v. Samuel F. Collington, 461 F.3d 805 (6th Cir. 2006), is a...

Affirmation of Corporate Veil Piercing Standards Under Delaware and Tennessee Law

Date: Aug 31, 2006

Affirmation of Corporate Veil Piercing Standards Under Delaware and Tennessee Law Introduction In the case of Southeast Texas Inns, Inc. v. Prime Hospitality Corporation (462 F.3d 666, 2006), the...

Dando v. Yukins: Reinforcing the Right to Effective Counsel in Plea Bargains

Date: Aug 31, 2006

Dando v. Yukins: Reinforcing the Right to Effective Counsel in Plea Bargains Introduction In Debra Dando v. Joan Yukins, 461 F.3d 791 (6th Cir. 2006), the United States Court of Appeals for the Sixth...

Blackwell v. United States: Upholding Conspiracy and Insider Trading Convictions while Reinforcing Defense Protections

Date: Aug 30, 2006

Blackwell v. United States: Upholding Conspiracy and Insider Trading Convictions while Reinforcing Defense Protections Introduction In the landmark case of Blackwell v. United States, the United...

Exhaustion of Administrative Remedies Under PLRA: Owens v. Keeling

Date: Aug 30, 2006

Exhaustion of Administrative Remedies Under the PLRA: Owens v. Keeling Introduction In the landmark case Orbain Owens v. George Keeling et al., 461 F.3d 763 (6th Cir. 2006), the United States Court...

Aggregation of Individual Claims in Diversity Jurisdiction Not Permitted Without Common and Undivided Interest: Everett v. Verizon Wireless

Date: Aug 29, 2006

Aggregation of Individual Claims in Diversity Jurisdiction Not Permitted Without Common and Undivided Interest: Everett v. Verizon Wireless Introduction In the landmark case Tom Everett, et al. v....