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  • Commentaries
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6th Circuit Case Commentaries

Resentencing Authority Under 28 U.S.C. §2255: Implications on Interdependent Sentences and Double Jeopardy

Resentencing Authority Under 28 U.S.C. §2255: Implications on Interdependent Sentences and Double Jeopardy

Date: Dec 10, 1997
Resentencing Authority Under 28 U.S.C. §2255: Implications on Interdependent Sentences and Double Jeopardy Introduction Gerald M. Pasquarille v. United States of America is a pivotal case adjudicated...
Establishing Pretext in Retaliation Claims: Insights from Williams v. TNN and Gaylord Entertainment Co.

Establishing Pretext in Retaliation Claims: Insights from Williams v. TNN and Gaylord Entertainment Co.

Date: Dec 9, 1997
Establishing Pretext in Retaliation Claims: Insights from Williams v. TNN and Gaylord Entertainment Co. Introduction Williams v. TNN and Gaylord Entertainment Co., 132 F.3d 1123 (6th Cir. 1997), is a...
Compensatory Damages Caps in Title VII Actions: Hudson v. Reno

Compensatory Damages Caps in Title VII Actions: Hudson v. Reno

Date: Dec 5, 1997
Compensatory Damages Caps in Title VII Actions: Hudson v. Reno Affirmed Introduction In the landmark case Marilyn L. Hudson v. Janet Reno, Attorney General of the United States, and United States...
Trademark Infringement and Authorized Use Post-Termination: Insights from U.S. Structures, Inc. v. J.P. Structures, Inc.

Trademark Infringement and Authorized Use Post-Termination: Insights from U.S. Structures, Inc. v. J.P. Structures, Inc.

Date: Dec 4, 1997
Trademark Infringement and Authorized Use Post-Termination: Insights from U.S. Structures, Inc. v. J.P. Structures, Inc. Introduction The case of U.S. Structures, Incorporated, a foreign corporation,...
Affirmation of Sixth Amendment Violation for Ineffective Assistance of Counsel in Groseclose v. Bell

Affirmation of Sixth Amendment Violation for Ineffective Assistance of Counsel in Groseclose v. Bell

Date: Dec 3, 1997
Affirmation of Sixth Amendment Violation for Ineffective Assistance of Counsel in Groseclose v. Bell (1997) Introduction Groseclose v. Bell is a pivotal case decided by the United States Court of...
Constructive Denial of Counsel and Cronic Presumption in Ineffective Assistance of Counsel: Rickman v. Bell

Constructive Denial of Counsel and Cronic Presumption in Ineffective Assistance of Counsel: Rickman v. Bell

Date: Dec 3, 1997
Constructive Denial of Counsel and Cronic Presumption in Ineffective Assistance of Counsel: Rickman v. Bell Introduction The case of Ronald Eugene Rickman v. Ricky Bell, adjudicated by the United...
Standing in Pre-Enforcement Challenges: National Rifle Association of America v. Magaw Establishes Economic Injury-Based Standing for Manufacturers and Dealers

Standing in Pre-Enforcement Challenges: National Rifle Association of America v. Magaw Establishes Economic Injury-Based Standing for Manufacturers and Dealers

Date: Nov 22, 1997
Standing in Pre-Enforcement Challenges: National Rifle Association of America v. Magaw Establishes Economic Injury-Based Standing for Manufacturers and Dealers Introduction In the landmark case of...
Expanding Judicial Immunity: Distinguishing Judicial Acts from Non-Judicial Statements

Expanding Judicial Immunity: Distinguishing Judicial Acts from Non-Judicial Statements

Date: Nov 21, 1997
Expanding Judicial Immunity: Distinguishing Judicial Acts from Non-Judicial Statements Introduction The case of Frank Barrett v. Nancy I. Harrington serves as a pivotal moment in the delineation of...
Affirmation of Summary Judgment Under ERISA and ADA in Disability Benefits Dispute: Smith v. Ameritech

Affirmation of Summary Judgment Under ERISA and ADA in Disability Benefits Dispute: Smith v. Ameritech

Date: Nov 21, 1997
Affirmation of Summary Judgment Under ERISA and ADA in Disability Benefits Dispute: Smith v. Ameritech Introduction Terry Smith, the plaintiff-appellant, brought forth a legal challenge against...
Preservation and Waiver of Indictment Defects under Rule 12(b)(2): United States v. Adebowale Adesida Analysis

Preservation and Waiver of Indictment Defects under Rule 12(b)(2): United States v. Adebowale Adesida Analysis

Date: Nov 20, 1997
Preservation and Waiver of Indictment Defects under Rule 12(b)(2): United States v. Adebowale Adesida Analysis Introduction The case of United States of America v. Adebowale Adesida, 129 F.3d 846...
Undue Burden and Vagueness in Abortion Legislation: Sixth Circuit Strikes Down Ohio's DX Ban

Undue Burden and Vagueness in Abortion Legislation: Sixth Circuit Strikes Down Ohio's DX Ban

Date: Nov 19, 1997
Undue Burden and Vagueness in Abortion Legislation: Sixth Circuit Strikes Down Ohio's DX Ban Introduction The case of Women's Medical Professional Corporation, Martin Haskell, M.D. v. George...
Affirmation of Denied Qualified Immunity in First Amendment Retaliation Case: Chappel v. Montgomery County

Affirmation of Denied Qualified Immunity in First Amendment Retaliation Case: Chappel v. Montgomery County

Date: Nov 15, 1997
Affirmation of Denied Qualified Immunity in First Amendment Retaliation Case: Chappel v. Montgomery County Introduction The case of Robert Chappel v. Montgomery County Fire Protection District No. 1...
Collateral Estoppel and Mootness in SEC Enforcement Actions: Smith v. SEC

Collateral Estoppel and Mootness in SEC Enforcement Actions: Smith v. SEC

Date: Nov 13, 1997
Collateral Estoppel and Mootness in SEC Enforcement Actions: Smith v. SEC Introduction Richard J. Smith, the appellant-appelee, contested actions taken by the Securities and Exchange Commission (SEC)...
Defining Employer Liability under ADEA and ADA: The TTU v. Barnes Noble Decision

Defining Employer Liability under ADEA and ADA: The TTU v. Barnes Noble Decision

Date: Nov 5, 1997
Defining Employer Liability under ADEA and ADA: The TTU v. Barnes Noble Decision Introduction The case of Charles Swallows, Teresia Walker, and Vickie Heidel v. Barnes Noble Book Stores, Inc....
Double Jeopardy Implications in Conspiracy and Continuing Criminal Enterprise Convictions: Analysis of United States v. Avery

Double Jeopardy Implications in Conspiracy and Continuing Criminal Enterprise Convictions: Analysis of United States v. Avery

Date: Nov 4, 1997
Double Jeopardy Implications in Conspiracy and Continuing Criminal Enterprise Convictions: Analysis of United States v. Avery Introduction The case United States of America v. John Paul Avery et al....
Foster v. United States: Upholding Due Process in Witness Admissibility and Prosecutorial Conduct

Foster v. United States: Upholding Due Process in Witness Admissibility and Prosecutorial Conduct

Date: Oct 31, 1997
Foster v. United States: Upholding Due Process in Witness Admissibility and Prosecutorial Conduct Introduction The case of United States of America v. Charles H. Foster, Jr. (128 F.3d 949) presented...
Qualified Immunity in Political Reappointment: Heltsley v. Cope and Davis

Qualified Immunity in Political Reappointment: Heltsley v. Cope and Davis

Date: Oct 24, 1997
Qualified Immunity in Political Reappointment: Heltsley v. Cope and Davis Introduction Heltsley v. Cope and Davis is a significant civil rights case adjudicated by the United States Court of Appeals...
Mandamus Relief in Corporate Derivative Actions: Insights from In Re: Perrigo Company

Mandamus Relief in Corporate Derivative Actions: Insights from In Re: Perrigo Company

Date: Oct 24, 1997
Mandamus Relief in Corporate Derivative Actions: Insights from In Re: Perrigo Company Introduction The case of In Re: Perrigo Company, decided by the United States Court of Appeals for the Sixth...
Hall v. Tollett: Sixth Circuit’s Ruling on Political Dismissals and the Branti Exception

Hall v. Tollett: Sixth Circuit’s Ruling on Political Dismissals and the Branti Exception

Date: Oct 23, 1997
Hall v. Tollett: Sixth Circuit’s Ruling on Political Dismissals and the Branti Exception Introduction In Hall v. Tollett, the United States Court of Appeals for the Sixth Circuit addressed the...
ADA Claims and Arbitration Under Collective Bargaining Agreements: Insights from Penny v. UPS

ADA Claims and Arbitration Under Collective Bargaining Agreements: Insights from Penny v. UPS

Date: Oct 23, 1997
ADA Claims and Arbitration Under Collective Bargaining Agreements: Insights from Penny v. UPS Introduction Pennsylvania v. United Parcel Service (UPS) is a pivotal case adjudicated by the United...
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