6th Circuit Case Commentaries

Indispensable Party Doctrine Applied to Agent-Principal Relationships Under Rule 19: Soberay v. MRF Limited

Date: Jun 17, 1999

Indispensable Party Doctrine Applied to Agent-Principal Relationships Under Rule 19: Soberay v. MRF Limited Introduction In the landmark case of Soberay Machine Equipment Company v. MRF Limited, Inc....

Limitation of 28 U.S.C. § 1915(e)(2) to In Forma Pauperis Proceedings: Analysis of Benson v. O'Brien

Date: Jun 16, 1999

Limitation of 28 U.S.C. § 1915(e)(2) to In Forma Pauperis Proceedings: Analysis of Benson v. O'Brien Introduction In Benson v. O'Brien et al., 179 F.3d 1014 (6th Cir. 1999), the United States Court...

Affirmation of Partial Unitary Status in School Desegregation: REED v. RHODES

Date: Jun 11, 1999

Affirmation of Partial Unitary Status in School Desegregation: REED v. RHODES Introduction REED v. RHODES is a landmark case adjudicated by the United States Court of Appeals for the Sixth Circuit on...

Sixth Circuit Establishes Clarifications on Removal Jurisdiction in Diversity Cases

Date: Jun 11, 1999

Sixth Circuit Establishes Clarifications on Removal Jurisdiction in Diversity Cases Introduction The case of Jeffrey D. Brierly, Administrator of the Estate of Paul Brierly v. Alusuisse Flexible...

Qualified Immunity and the Applicability of ADA and Rehabilitation Act to Prisoners: Key v. Grayson

Date: Jun 10, 1999

Qualified Immunity and the Applicability of ADA and Rehabilitation Act to Prisoners: Key v. Grayson Introduction The case of David G. Key v. Henry Grayson, Warden et al. addresses a pivotal issue...

Limitation of Private Rights under the Fair Credit Reporting Act: Carney v. Experian Information Solutions, Inc.

Date: Jun 10, 1999

Limitation of Private Rights under the Fair Credit Reporting Act: Carney v. Experian Information Solutions, Inc. Introduction The case of Chris R. Carney v. Experian Information Solutions, Inc. et...

Incorporation of Retroactive Pollution Exclusions in Excess Insurance Policies: GenCorp v. A.I.U. Insurance Company

Date: Jun 3, 1999

Incorporation of Retroactive Pollution Exclusions in Excess Insurance Policies: GenCorp v. A.I.U. Insurance Company Introduction GenCorp, Inc., a prominent corporation, initiated a declaratory...

Enhanced Interpretation of Statutory Damages under the Wiretapping Statute: Dorris v. Absher

Date: Jun 3, 1999

Enhanced Interpretation of Statutory Damages under the Wiretapping Statute: Dorris v. Absher Introduction Dorris et al. v. Absher et al. is a pivotal case decided by the United States Court of...

Constructive Amendments and Effective Assistance of Counsel: Insights from Lucas v. O'Dea

Date: Jun 3, 1999

Constructive Amendments and Effective Assistance of Counsel: Insights from Lucas v. O'Dea Introduction Lucas v. O'Dea, 179 F.3d 412 (6th Cir. 1999), presents a pivotal appellate decision addressing...

Affirmation of Strict Standards in Federal Habeas Corpus Review: Prosecutorial Conduct and Evidence Preservation

Date: Jun 3, 1999

Affirmation of Strict Standards in Federal Habeas Corpus Review: Prosecutorial Conduct and Evidence Preservation Introduction TONY CALDWELL, the petitioner-appellant, a state prisoner convicted of...

Ensuring Evidentiary Hearings in Ineffective Assistance of Counsel Claims: Arredondo v. United States Sets New Precedent

Date: May 29, 1999

Ensuring Evidentiary Hearings in Ineffective Assistance of Counsel Claims: Arredondo v. United States Sets New Precedent Introduction Ricardo Arredondo v. United States of America is a landmark...

Revised Procedures for In Forma Pauperis Appeals: Callihan v. Schneider and Fed.R.App.P. 24 Amendments

Date: May 29, 1999

Revised Procedures for In Forma Pauperis Appeals: Callihan v. Schneider and Fed.R.App.P. 24 Amendments Introduction In the landmark case of Callihan v. Schneider (178 F.3d 800, 6th Cir. 1999), the...

Establishing Discrimination Standards in Employment Law: Jacklyn v. Schering-Plough

Date: May 25, 1999

Establishing Discrimination Standards in Employment Law: Jacklyn v. Schering-Plough Introduction In Carol A. Jacklyn; Roger Jacklyn v. Schering-Plough Healthcare Products Sales Corporation, 176 F.3d...

Franchise Agreement Definition Under Michigan Law: Jerome-Duncan, Inc. v. Auto-By-Tel

Date: May 22, 1999

Franchise Agreement Definition Under Michigan Law: Jerome-Duncan, Inc. v. Auto-By-Tel Introduction The case of Jerome-Duncan, Inc. v. Auto-By-Tel adjudicated by the United States Court of Appeals for...

Ensuring Juror Impartiality: Insights from United States v. Davis

Date: May 22, 1999

Ensuring Juror Impartiality: Insights from United States v. Davis Introduction United States of America v. Andre Lee Davis et al. (177 F.3d 552, Sixth Circuit, 1999) is a pivotal case that...

Individual Liability for Retaliation under the Rehabilitation Act: Wayne Hiler v. Jesse Brown

Date: May 21, 1999

Individual Liability for Retaliation under the Rehabilitation Act: Wayne Hiler v. Jesse Brown Introduction The case of Wayne Hiler v. Jesse Brown addresses a pivotal issue in employment...

Establishing Fraud and Breach of Contract in Life Insurance Misrepresentations: Greenberg & Rossmann v. Life Insurance Company of Virginia

Date: May 20, 1999

Establishing Fraud and Breach of Contract in Life Insurance Misrepresentations: Greenberg & Rossmann v. Life Insurance Company of Virginia Introduction In Greenberg and Rossmann v. The Life Insurance...

FERMCO v. Skalka: Sixth Circuit Clarifies Burden of Proof for Age Discrimination and Establishes Guidelines for Damages Calculation under ADEA

Date: May 20, 1999

FERMCO v. Skalka: Sixth Circuit Clarifies Burden of Proof for Age Discrimination and Establishes Guidelines for Damages Calculation under ADEA Introduction The case of FERMCO v. Skalka (178 F.3d 414)...

Affirmation of Procedural Defaults and Harmless Error in Habeas Corpus Reviews: Analysis of Cook v. Stegall

Date: May 19, 1999

Affirmation of Procedural Defaults and Harmless Error in Habeas Corpus Reviews: Analysis of Cook v. Stegall Introduction The case of John Curtis Cook v. Jimmy Stegall (56 F. Supp. 2d 788, United...

Access and Independent Creation in Copyright Infringement: Ellis v. Diffie

Date: May 18, 1999

Access and Independent Creation in Copyright Infringement: Ellis v. Diffie Introduction Everett A. Ellis, a self-employed carpenter and amateur songwriter, initiated legal action against Joe Diffie...

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