6th Circuit Case Commentaries

Williams v. Anderson (6th Cir. 2006): Reinforcing the Duty of Defense Counsel in Mitigation Phase of Capital Trials

Date: Aug 29, 2006

Williams v. Anderson (6th Cir. 2006): Reinforcing the Duty of Defense Counsel in Mitigation Phase of Capital Trials Introduction Williams v. Anderson, 460 F.3d 789 (6th Cir. 2006), is a landmark...

United States v. Lopez-Medina: Setting Precedent on Jury Instructions for Dual-Role Witnesses and Exclusion of Guilt by Association Evidence

Date: Aug 26, 2006

United States v. Lopez-Medina: Setting Precedent on Jury Instructions for Dual-Role Witnesses and Exclusion of Guilt by Association Evidence Introduction The case of United States of America v. Luis...

Qualified Immunity in Fourth Amendment Seizure: Smoak v. Hall Establishes New Precedent

Date: Aug 26, 2006

Qualified Immunity in Fourth Amendment Seizure: Smoak v. Hall Establishes New Precedent Introduction In the landmark case of James W. Smoak et al. v. Eric Hall et al., decided by the United States...

Affirmation of Summary Judgment in Grizzell v. City of Columbus Division of Police

Date: Aug 26, 2006

Affirmation of Summary Judgment in Grizzell v. City of Columbus Division of Police Introduction In the case of Rhoda Grizzell, et al. v. City of Columbus Division of Police, et al., the plaintiffs,...

Reaffirming the Preponderance of Evidence Standard in Sentencing and Managerial Role Enhancements: Insights from United States v. Gates and Conley

Date: Aug 25, 2006

Reaffirming the Preponderance of Evidence Standard in Sentencing and Managerial Role Enhancements: Insights from United States v. Gates and Conley Introduction The case of United States of America v....

Functionality Doctrine in Trademark Law: Fuji Kogyo Co., Ltd. v. Pacific Bay International, Inc.

Date: Aug 24, 2006

Functionality Doctrine in Trademark Law: Fuji Kogyo Co., Ltd. v. Pacific Bay International, Inc. Introduction The case Fuji Kogyo Co., Ltd. v. Pacific Bay International, Inc. (461 F.3d 675)...

Application of Social Security Ruling 83-20 in Disability Onset Determination: McCLANAHAN v. SSA

Date: Aug 23, 2006

Application of Social Security Ruling 83-20 in Disability Onset Determination: McCLANAHAN v. Commissioner of Social Security Introduction In Tommy J. McCLANAHAN v. Commissioner of Social Security,...

Ford Motor Company Class Action Certification for Express Warranty Claims Affirmed

Date: Aug 19, 2006

Ford Motor Company Class Action Certification for Express Warranty Claims Affirmed Introduction In the landmark case of Patricia A. Daffin v. Ford Motor Company, the United States Court of Appeals...

Necessity and Compliance: Insights from Regional Airport Authority v. LFG, LLC

Date: Aug 18, 2006

Necessity and Compliance: Insights from Regional Airport Authority v. LFG, LLC Introduction Regional Airport Authority of Louisville and Jefferson County v. LFG, LLC; Navistar International...

Non-Retroactive Application of Administrative Rule Changes in Social Security Disability Claims: Combs v. Commissioner of Social Security

Date: Aug 17, 2006

Non-Retroactive Application of Administrative Rule Changes in Social Security Disability Claims: Combs v. Commissioner of Social Security Introduction The case of Barbara Combs v. Commissioner of...

Affirmation of Government's Motion for Reconsideration in United States v. Pruitt: Establishing Standards for Search Warrants and Reasonable Belief

Date: Aug 12, 2006

Affirmation of Government's Motion for Reconsideration in United States v. Pruitt: Establishing Standards for Search Warrants and Reasonable Belief Introduction In the landmark case of United States...

Affirmation of Reasonable Suspicion and ACCA Enhancement in United States v. Caruthers

Date: Aug 12, 2006

Affirmation of Reasonable Suspicion and ACCA Enhancement in United States v. Caruthers Introduction United States v. Ricky A. Caruthers, 458 F.3d 459 (6th Cir. 2006), presents a pivotal appellate...

Sixth Circuit Adopts 'Because of' Test for Work-Product Privilege: Yum! Brands v. United States

Date: Aug 11, 2006

Sixth Circuit Adopts 'Because of' Test for Work-Product Privilege: Yum! Brands v. United States Introduction In UNITED STATES of America v. Patrick J. Roxworthy, the United States Court of Appeals...

Perfection of Security Interest in Bankruptcy Proceedings: In Re: Kenneth Wayne Cook; Melissa Cook, Debtors v. Bank One, National Association

Date: Aug 10, 2006

Perfection of Security Interest in Bankruptcy Proceedings: In Re: Kenneth Wayne Cook; Melissa Cook, Debtors v. Bank One, National Association Introduction The case of In Re: Kenneth Wayne Cook;...

Judicial Discretion in Sentencing: Upholding Post-Booker Variances in Ferguson v. USA

Date: Aug 10, 2006

Judicial Discretion in Sentencing: Upholding Post-Booker Variances in Ferguson v. United States Introduction United States of America v. Scott A. Ferguson, 456 F.3d 660 (6th Cir. 2006), is a...

Affirmation of Death Sentence Despite Limited Prosecutorial Misconduct: SLAGLE v. BAGLEY

Date: Aug 9, 2006

Affirmation of Death Sentence Despite Limited Prosecutorial Misconduct: SLAGLE v. BAGLEY Introduction In the landmark case of Billy Slagle v. Margaret Bagley, 457 F.3d 501 (6th Cir. 2006), the United...

6th Circuit Affirms Dismissal of ERISA Claims Due to Non-Employee Status Under Common Law: Moore v. Lafayette Life Insurance Co.

Date: Aug 8, 2006

6th Circuit Affirms Dismissal of ERISA Claims Due to Non-Employee Status Under Common Law: Moore v. Lafayette Life Insurance Co. Introduction In the landmark case of Richard L. Moore v. Lafayette...

Affirmation of Summary Judgment in Age Discrimination Claims: Bender & Rafferty v. Hecht's Department Stores

Date: Aug 2, 2006

Affirmation of Summary Judgment in Age Discrimination Claims: Bender & Rafferty v. Hecht's Department Stores Introduction The appellate case of Bender & Rafferty v. Hecht's Department Stores...

Nullification of Unconstitutional Convictions and Removal of Collateral Consequences Upheld: Gentry v. Deuth (6th Cir. 2006)

Date: Aug 1, 2006

Nullification of Unconstitutional Convictions and Removal of Collateral Consequences Upheld: Gentry v. Deuth (6th Cir. 2006) Introduction Parties Involved: Carrie Gentry, Petitioner-Appellee, versus...

Admissibility of Evidence in Drug Conspiracy Cases: Analysis of Whittington v. United States

Date: Jul 29, 2006

Admissibility of Evidence in Drug Conspiracy Cases: Analysis of Whittington v. United States Introduction Whittington v. United States (455 F.3d 736) is a pivotal case adjudicated by the United...