6th Circuit Case Commentaries

Affirming Conviction: Sixth Circuit Upholds Exclusion of Marginal Impeaching Evidence and Rejects Ineffective Assistance Claims in Washington v. Renico

Date: Jul 28, 2006

Affirming Conviction: Sixth Circuit Upholds Exclusion of Marginal Impeaching Evidence and Rejects Ineffective Assistance Claims in Washington v. Renico Introduction In Washington v. Renico, the...

Enforcement of Contractual Interest Rates and Attorney Fees in Solvent Chapter 11 Bankruptcy: Insights from IN RE DOW CORNING CORPoration

Date: Jul 27, 2006

Enforcement of Contractual Interest Rates and Attorney Fees in Solvent Chapter 11 Bankruptcy: Insights from IN RE DOW CORNING CORPoration Introduction In the landmark case of In re: Dow Corning...

Affirmation of Summary Judgment in Wright v. Murray Guard: Implications for Mixed-Motive Title VII Claims

Date: Jul 27, 2006

Affirmation of Summary Judgment in Wright v. Murray Guard, Inc.: Implications for Mixed-Motive Title VII Claims Introduction In Cornelius Wright v. Murray Guard, Inc. (455 F.3d 702, 6th Cir. 2006),...

Affirmation of Default Judgment and Limitations on Hedonic Damages in §1983 Wrongful Death Claims

Date: Jul 25, 2006

Affirmation of Default Judgment and Limitations on Hedonic Damages in §1983 Wrongful Death Claims Introduction The case of Frontier Insurance Company, Movant-Appellant, v. Donald Blaty, Personal...

Deliberate Indifference in Educational Institutions: Analysis of Udine Ellis v. Cleveland Municipal School District

Date: Jul 25, 2006

Deliberate Indifference in Educational Institutions: Analysis of Udine Ellis v. Cleveland Municipal School District Introduction The case of Udine Ellis, Guardian for Lateasha Pendergrass,...

Denial of Judicial Access in Juvenile Justice: Kinsley et al. v. Taft et al.

Date: Jul 22, 2006

Denial of Judicial Access in Juvenile Justice: Kinsley et al. v. Taft et al. Introduction Kinsley et al. v. Taft et al., 439 F. Supp. 2d 793 (S.D. Ohio 2006), presents a pivotal case addressing the...

Yorozu Automotive Tennessee, Inc. v. Killian: Defining Employer Responsibilities Under the FMLA

Date: Jul 21, 2006

Yorozu Automotive Tennessee, Inc. v. Killian: Defining Employer Responsibilities Under the FMLA Introduction In the landmark case Jackie Killian v. Yorozu Automotive Tennessee, Inc., decided by the...

Conditional Certification in FLSA §216(b) Collective Actions: Sixth Circuit Dismisses Wal-Mart's Appeal for Lack of Jurisdiction

Date: Jul 20, 2006

Conditional Certification in FLSA §216(b) Collective Actions: Sixth Circuit Dismisses Wal-Mart's Appeal for Lack of Jurisdiction Introduction The case of Kim Comer, et al. v. Wal-Mart Stores, Inc....

Narrow Interpretation of Title VII: Sexual Orientation and Gender Stereotyping in Vickers v. Fairfield Medical Center

Date: Jul 20, 2006

Narrow Interpretation of Title VII: Sexual Orientation and Gender Stereotyping in Vickers v. Fairfield Medical Center Introduction The case of Christopher Vickers v. Fairfield Medical Center revolves...

Reinforcement of Warrantless Entry Rights for Arrested Individuals: United States v. Harness

Date: Jul 18, 2006

Reinforcement of Warrantless Entry Rights for Arrested Individuals: United States v. Harness Introduction The case of United States v. Terry William Harness, decided by the United States Court of...

Enforceability of Medicaid EPSDT Provisions Under 42 U.S.C. § 1983: Insights from Westside Mothers v. Olszewski

Date: Jul 18, 2006

Enforceability of Medicaid EPSDT Provisions Under 42 U.S.C. § 1983: Insights from Westside Mothers v. Olszewski Introduction The case of Westside Mothers; Families on the Move, Inc.; Michigan...

Jurisdiction Limits on Reviewing Asylum Denials Based on Untimeliness under the REAL ID Act

Date: Jul 15, 2006

Jurisdiction Limits on Reviewing Asylum Denials Based on Untimeliness under the REAL ID Act Introduction The case of Jihan Hatem ALMUHTASEB v. Alberto GONZALES, adjudicated by the United States Court...

Randolph v. Ohio Dept. of Youth Services: Broad Interpretation of Hostile Work Environment Under Title VII

Date: Jul 14, 2006

Randolph v. Ohio Department of Youth Services: Broad Interpretation of Hostile Work Environment Under Title VII Introduction In Randolph v. Ohio Department of Youth Services, 453 F.3d 724 (6th Cir....

Enforcement of Forum Selection Clauses in Commercial Contracts: Preferred Capital, Inc. v. Associates in Urology

Date: Jul 13, 2006

Enforcement of Forum Selection Clauses in Commercial Contracts: Preferred Capital, Inc. v. Associates in Urology Introduction The case of Preferred Capital, Inc. v. Associates in Urology, decided by...

Affirmation of Denial of Habeas Corpus Due to Lack of Prejudicial Error in Ineffective Assistance of Counsel Claims - Ke v. Keith

Date: Jul 11, 2006

Affirmation of Denial of Habeas Corpus Due to Lack of Prejudicial Error in Ineffective Assistance of Counsel Claims - Ke v. Keith Introduction In the case of Ke v. Keith, adjudicated by the United...

Sixth Circuit Establishes Limits on Excessive Force and Upholds Forcible Entry for Misdemeanor Arrests

Date: Jul 8, 2006

Sixth Circuit Establishes Limits on Excessive Force and Upholds Forcible Entry for Misdemeanor Arrests Introduction Case: Lori Shreve v. Jessamine County Fiscal Court; David Mudd and Sean Franklin,...

Absolute Immunity for Bankruptcy Counsel Affirmed in State-Law Tort Claims: In re Lowenbraun

Date: Jul 7, 2006

Absolute Immunity for Bankruptcy Counsel Affirmed in State-Law Tort Claims: In re Lowenbraun Introduction In the case of In re: Stanley Lowenbraun, Debtor. Ethel Lowenbraun, Appellant, v. Thomas L....

Clarifying FDCPA Protections: Sixth Circuit Affirms Dismissal in Harvey v. Great Seneca Financial Corporation

Date: Jul 7, 2006

Clarifying FDCPA Protections: Sixth Circuit Affirms Dismissal in Harvey v. Great Seneca Financial Corporation Introduction Harvey v. Great Seneca Financial Corporation et al. is a pivotal case...

Affirmation of 'Materially Adverse' Standard in Retaliation and Harassment Claims: Emmett Jordan v. City of Cleveland

Date: Jul 7, 2006

Affirmation of 'Materially Adverse' Standard in Retaliation and Harassment Claims: Emmett Jordan v. City of Cleveland Introduction In the case of Emmett Jordan v. City of Cleveland, the United States...

Affirmation of Warrant Particularity: Insights from Baranski v. BATF Agents

Date: Jul 4, 2006

Affirmation of Warrant Particularity: Insights from Baranski v. BATF Agents Introduction In the landmark case Keith B. Baranski, d/b/a Magua Industries, and Pars International Corporation v. Fifteen...