6th Circuit Case Commentaries

Inevitable Discovery Doctrine Does Not Bar Section 1983 Civil Rights Claims: Chatman v. Unger

Date: Feb 20, 1997

Inevitable Discovery Doctrine Does Not Bar Section 1983 Civil Rights Claims: Chatman v. Unger Introduction The case of Ronnie L. Chatman v. James Slagle and Richard Unger (107 F.3d 380, 6th Cir....

Impact of Evidentiary Exclusion and Qualified Immunity on Civil Rights Excessive Force Claims: Martin v. Heideman et al.

Date: Feb 15, 1997

Impact of Evidentiary Exclusion and Qualified Immunity on Civil Rights Excessive Force Claims: Martin v. Heideman et al. Introduction The case of Donald Martin vs. Robert Heideman, Robert Heckle,...

Sixth Circuit Affirms Constitutionality of Prison Litigation Reform Act's Fee Provisions in Lee Hampton v. Ron Hobbs

Date: Feb 14, 1997

Sixth Circuit Affirms Constitutionality of Prison Litigation Reform Act's Fee Provisions in Lee Hampton v. Ron Hobbs Introduction Lee Hampton v. Ron Hobbs is a pivotal case decided by the United...

Defining Stockbrokers in Bankruptcy: Insights from Baker Getty Financial Services, Inc. v. Rafoth

Date: Feb 13, 1997

Defining Stockbrokers in Bankruptcy: Insights from Baker Getty Financial Services, Inc. v. Rafoth Introduction The case of In re: Baker Getty Financial Services, Inc., Debtor v. WesBanco Bank...

Evaluation of Mental Impairment in Social Security Disability Claims: Insights from Key v. Callahan

Date: Feb 12, 1997

Evaluation of Mental Impairment in Social Security Disability Claims: Insights from Key v. Callahan Introduction The case of Danny L. Key v. John J. Callahan, decided by the United States Court of...

Affirmation of Warrantless Search and Sentence Enhancement in United States v. Allen

Date: Feb 11, 1997

Affirmation of Warrantless Search and Sentence Enhancement in United States v. Allen Introduction United States of America v. Russell B. Allen, 106 F.3d 695 (6th Cir. 1997), is a significant...

Affirmation of Dismissal for Lack of In Personam Jurisdiction in Kerry Steel v. Paragon Industries

Date: Feb 8, 1997

Affirmation of Dismissal for Lack of In Personam Jurisdiction in Kerry Steel, Inc. v. Paragon Industries, Inc. Introduction Case Citation: Kerry Steel, Inc., Plaintiff-Appellant, v. Paragon...

Implementation of the Prison Litigation Reform Act: Key Changes and Implications

Date: Feb 5, 1997

Implementation of the Prison Litigation Reform Act: Key Changes and Implications Introduction The Prison Litigation Reform Act (PLRA), enacted by Congress in 1996, represents a significant shift in...

Affirmation of Absolute Judicial Immunity for Presiding Judges in Winchell v. Barnes

Date: Feb 4, 1997

Affirmation of Absolute Judicial Immunity for Presiding Judges in Winchell v. Barnes: A Comprehensive Analysis Introduction Winchell v. Barnes, adjudicated by the United States Court of Appeals for...

Notice of Appeal Insufficient to Toll Five-Year Statute of Limitations for Conspiracy and Obstruction of Justice: Sixth Circuit

Date: Feb 4, 1997

Notice of Appeal Insufficient to Toll Five-Year Statute of Limitations for Conspiracy and Obstruction of Justice: Sixth Circuit Introduction The case United States of America v. James Wiley Craft...

At-Will Employment and Due Process: Clarifying Property Interests Under Section 1983 Claims

Date: Jan 31, 1997

At-Will Employment and Due Process: Clarifying Property Interests Under Section 1983 Claims Introduction Sidney Jane Bailey v. Floyd County Board of Education et al. (106 F.3d 135, 6th Circuit,...

Collateral Estoppel in Bankruptcy: Default Judgments and Dischargeability

Date: Jan 29, 1997

Collateral Estoppel in Bankruptcy: Default Judgments and Dischargeability Introduction The case Bay Area Factors, A Division of Dimmitt Owens Financial, Inc. v. Dennis Amiel Calvert (105 F.3d 315)...

Mutual Mistake in Insurance Contract Reformation: Hanover Insurance Co. v. American Engineering Co. Establishes Rigorous Standards in Kentucky

Date: Jan 28, 1997

Mutual Mistake in Insurance Contract Reformation: Hanover Insurance Co. v. American Engineering Co. Establishes Rigorous Standards in Kentucky Introduction The case of Hanover Insurance Company v....

Gatekeeping Under Daubert: Sixth Circuit's Restriction of Expert Testimony in FELA Negligence Case

Date: Jan 28, 1997

Gatekeeping Under Daubert: Sixth Circuit's Restriction of Expert Testimony in FELA Negligence Case Introduction In the landmark case of Claude I. Smelser v. Norfolk Southern Railway Company, 105 F.3d...

Res Judicata in Civil Rights Litigation: Donovan v. Thames and Collura

Date: Jan 28, 1997

Res Judicata in Civil Rights Litigation: Donovan v. Thames and Collura Introduction The case of Terry Donovan v. Timothy Thames and Patrick Collura (105 F.3d 291) adjudicated by the United States...

Expanded In Forma Pauperis Rights for Non-Prisoners Under PLRA: The Floyd v. USPS Decision

Date: Jan 24, 1997

Expanded In Forma Pauperis Rights for Non-Prisoners Under PLRA: The Floyd v. USPS Decision Introduction Floyd v. United States Postal Service, 105 F.3d 274 (6th Cir. 1997), is a pivotal case that...

Eleventh Amendment Immunity and Political Patronage in Section 1983 Claims: Insights from Mumford v. Basinski

Date: Jan 24, 1997

Eleventh Amendment Immunity and Political Patronage in Section 1983 Claims: Insights from Mumford v. Basinski Introduction David M. Mumford, a registered member of the Democratic Party, served as the...

Subrogation and Double Recovery: Insights from Morris v. Crete Carrier Corporation

Date: Jan 24, 1997

Subrogation and Double Recovery: Insights from Morris v. Crete Carrier Corporation Introduction The case of LOIS R. MORRIS, individually and as Administratrix of the Estate of Carlos R. Morris,...

Authority of District Courts to Issue Certificates of Appealability under AEDPA: Insights from Lyons v. Ohio Adult Parole Authority

Date: Jan 23, 1997

Authority of District Courts to Issue Certificates of Appealability under AEDPA: Insights from Lyons v. Ohio Adult Parole Authority Introduction The case Lyons v. Ohio Adult Parole Authority delves...

Affirmation of Discretion in Awarding Attorney Fees: Damron v. Commissioner of Social Security

Date: Jan 18, 1997

Affirmation of Discretion in Awarding Attorney Fees: Damron v. Commissioner of Social Security Introduction Damron v. Commissioner of Social Security, 104 F.3d 853 (6th Cir. 1997), is a pivotal case...

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