6th Circuit Case Commentaries

Lynch v. Leis: Standing and Attorney's Fees in 42 U.S.C. § 1983 Claims

Date: Sep 1, 2004

Lynch v. Leis: Standing and Attorney's Fees in 42 U.S.C. § 1983 Claims Introduction Lynch v. Leis, Jr. is a pivotal case decided by the United States Court of Appeals for the Sixth Circuit on August...

Enforcement of Fifth Amendment Rights in Custodial Interrogations: The ABELA v. MARTIN Decision

Date: Aug 28, 2004

Enforcement of Fifth Amendment Rights in Custodial Interrogations: The ABELA v. MARTIN Decision Introduction The case of Kevin Mark Abela v. William Martin, decided by the United States Court of...

Eleventh Amendment Immunity in Federal Takings Claims: DLX, Inc. v. Commonwealth of Kentucky

Date: Aug 27, 2004

Eleventh Amendment Immunity in Federal Takings Claims: DLX, Inc. v. Commonwealth of Kentucky Introduction The case of DLX, Inc. v. Commonwealth of Kentucky (381 F.3d 511) was adjudicated by the...

Accessibility Requirements for Common Areas Under the Fair Housing Act: Analysis of United States v. Edward Rose Sons et al.

Date: Aug 26, 2004

Accessibility Requirements for Common Areas Under the Fair Housing Act: Analysis of United States v. Edward Rose Sons et al. Introduction United States of America v. Edward Rose Sons et al. is a...

Affirmation of Dismissal Standards Under the Private Securities Litigation Reform Act: In Re Ford Motor Company Securities Litigation

Date: Aug 24, 2004

Affirmation of Dismissal Standards Under the Private Securities Litigation Reform Act: In Re Ford Motor Company Securities Litigation Introduction The case of In Re: Ford Motor Company Securities...

Reclassification of Employee Exempt Status Under FLSA: Martin v. American Electric Power

Date: Aug 24, 2004

Reclassification of Employee Exempt Status Under FLSA: Martin v. American Electric Power Introduction In the landmark case Anthony Martin v. Indiana Michigan Power Company d/b/a American Electric...

Good-Faith Exception Affirmed in U.S. v. Washington & Brown

Date: Aug 24, 2004

Good-Faith Exception Affirmed in United States v. Washington & Brown Introduction United States of America v. Dennis Washington and Ebony Brown (380 F.3d 236) is a pivotal case decided by the United...

Reaffirming the Necessity of Clear Political Motivation in Asylum Claims: Marku v. Ashcroft

Date: Aug 21, 2004

Reaffirming the Necessity of Clear Political Motivation in Asylum Claims: Marku v. Ashcroft Introduction In the case of Liri Norek Marku v. John Ashcroft, Attorney General; Immigration and...

Reversal of AUSTIN v. MITCHELL: Expanding Tolling Provisions Under 28 U.S.C. § 2244(d)(2)

Date: Aug 20, 2004

Reversal of AUSTIN v. MITCHELL: Expanding Tolling Provisions Under 28 U.S.C. § 2244(d)(2) Introduction The case of Johnny Cowherd v. George Million, Warden (380 F.3d 909) represents a pivotal moment...

Denied Qualified Immunity for Officers Using Excessive Force: Champion v. Outlook Nashville

Date: Aug 20, 2004

Denied Qualified Immunity for Officers Using Excessive Force: Champion v. Outlook Nashville Introduction The case of Calvin B. Champion et al., Plaintiffs-Appellees v. Outlook Nashville, Inc. et al.,...

Affirmation of Procedural Deference and Standards in Capital Habeas Petitions

Date: Aug 14, 2004

Affirmation of Procedural Deference and Standards in Capital Habeas Petitions Introduction The case of WILLIE WILLIAMS, JR., PETITIONER-APPELLANT v. MARGARET BAGLEY, WARDEN, RESPONDENT-APPELLEE (380...

Reevaluating the Heck Doctrine: Implications for §1983 Claims in Prison Disciplinary Proceedings

Date: Aug 12, 2004

Reevaluating the Heck Doctrine: Implications for §1983 Claims in Prison Disciplinary Proceedings Introduction In the landmark case of Shakur Muhammad v. Mark Close, the United States Court of Appeals...

Implied Consent in Warrantless Hotel Room Searches: An Analysis of United States v. Carter (6th Cir. 2004)

Date: Aug 7, 2004

Implied Consent in Warrantless Hotel Room Searches: An Analysis of United States v. Carter (6th Cir. 2004) Introduction The case of United States of America v. Sean Carter, decided by the United...

Title VII Protections Extended to Transsexual Discrimination: Smith v. City of Salem, Ohio

Date: Aug 6, 2004

Title VII Protections Extended to Transsexual Discrimination: Smith v. City of Salem, Ohio Introduction In Simmie L. Smith v. City of Salem, Ohio, 378 F.3d 566 (6th Cir. 2004), the United States...

Waiver of Sixth Amendment Right to Counsel: The Rodney Green Case

Date: Aug 6, 2004

Waiver of Sixth Amendment Right to Counsel: The Rodney Green Case Introduction The case of United States of America v. Rodney Green, 388 F.3d 918 (6th Cir. 2004), serves as a pivotal decision...

Exhaustion of Administrative Remedies: Affirmation in Ramani v. Ashcroft

Date: Aug 5, 2004

Exhaustion of Administrative Remedies: Affirmation in Ramani v. Ashcroft Introduction The case of Ramani v. Ashcroft, decided by the United States Court of Appeals for the Sixth Circuit on August 4,...

Independent Creation and Attorneys' Fees in Copyright Infringement: Analysis of Fogerty and Crow v. MGM

Date: Aug 4, 2004

Independent Creation and Attorneys' Fees in Copyright Infringement: Analysis of Fogerty and Crow v. MGM Introduction In the appellate case Frank P. Fogerty and Nathan Crow v. MGM Group Holdings...

Enhancing Procedural Safeguards in Disability Benefits Determinations: Wilson v. Commissioner of Social Security

Date: Aug 3, 2004

Enhancing Procedural Safeguards in Disability Benefits Determinations: Wilson v. Commissioner of Social Security Introduction The case of Robert M. Wilson v. Commissioner of Social Security (378 F.3d...

Harchenko v. INS: Evaluating Timeliness and Authority in Reopening Deportation Proceedings

Date: Jul 31, 2004

Harchenko v. INS: Evaluating Timeliness and Authority in Reopening Deportation Proceedings Introduction Harchenko v. Immigration and Naturalization Service (INS) is a pivotal case decided by the...

Meaningful Alternatives in Private Rescue: Comprehensive Commentary on Beck v. Haik

Date: Jul 30, 2004

Meaningful Alternatives in Private Rescue: Comprehensive Commentary on Beck v. Haik Introduction The case of Galen Beck, as representative of the estate of Eugene Beck; and Sharon Beck v. Edward A....