6th Circuit Case Commentaries

U.S. Trustee Discretion in Panel Membership Affirmed: Limited Judicial Review under APA

Date: Jun 25, 1996

U.S. Trustee Discretion in Panel Membership Affirmed: Limited Judicial Review under APA Introduction The case of Philip R. Joelson v. United States of America, et al. (86 F.3d 1413) adjudicated by...

Expanded Definition of "Legal Mail" in Prisoners' Rights: Kensu v. Haigh

Date: Jun 20, 1996

Expanded Definition of "Legal Mail" in Prisoners' Rights: Kensu v. Haigh Introduction Kensu v. Haigh is a landmark case decided by the United States Court of Appeals for the Sixth Circuit on June 19,...

Enhancing Title VII Protections: Turic v. Holland Hospitality and the Inclusion of Contemplated Abortion

Date: Jun 18, 1996

Enhancing Title VII Protections: Turic v. Holland Hospitality and the Inclusion of Contemplated Abortion Introduction Turic v. Holland Hospitality, Inc. is a landmark case adjudicated by the United...

Affirmation of 18 U.S.C. §922(g)(1): Reinforcing Commerce Clause Authority Post-Lopez

Date: Jun 15, 1996

Affirmation of 18 U.S.C. §922(g)(1): Reinforcing Commerce Clause Authority Post-Lopez Introduction The case of United States of America v. Gary E. Chesney adjudicated by the United States Court of...

Duty of Disclosure in ERISA Contracts: McConocha v. BCBSO

Date: Jun 15, 1996

Duty of Disclosure in ERISA Contracts: McConocha v. BCBSO Introduction The case of Jeffrey McConocha, et al. v. Blue Cross and Blue Shield Mutual of Ohio (BCBSO) addresses the critical issue of...

Noble v. Schmitt & Stevens: Affirming Due Process and Free Speech Rights Under Qualified Immunity

Date: Jun 15, 1996

Noble v. Schmitt & Stevens: Affirming Due Process and Free Speech Rights Under Qualified Immunity Introduction In the landmark case of Sherman L. G. Noble v. Janice Schmitt and Connie Stevens,...

Sixth Circuit Establishes Workday Basis for WARN Act Damages in Saxion v. Titan-C Manufacturing

Date: Jun 8, 1996

Sixth Circuit Establishes Workday Basis for WARN Act Damages in Saxion v. Titan-C Manufacturing Introduction In the landmark case Beatrice D. Saxion, et al. v. Titan-C Manufacturing, Inc., et al.,...

Discretion in Public Bidding: EnergyTech Electrical v. Mahoning County Affirmed

Date: Jun 8, 1996

Discretion in Public Bidding: EnergyTech Electrical v. Mahoning County Affirmed Introduction In EnergyTech Electrical, Inc. v. Mahoning County Commissioners, the United States Court of Appeals for...

Fourth Amendment Protections in Consensual Encounters: Insights from United States v. Caicedo and Ryan

Date: Jun 7, 1996

Fourth Amendment Protections in Consensual Encounters: Insights from United States v. Caicedo and Ryan Introduction The United States Court of Appeals for the Sixth Circuit delivered a pivotal...

Affirmation of Total Liability and Equitable Subrogation in Aviation Disaster: POLEC et al. v. Northwest Airlines, Inc. and McDonnell Douglas Corporation

Date: Jun 7, 1996

Affirmation of Total Liability and Equitable Subrogation in Aviation Disaster: POLEC et al. v. Northwest Airlines, Inc. and McDonnell Douglas Corporation Introduction The case of POLEC et al. v....

Expanding 'Related To' Jurisdiction: Sixth Circuit's Landmark Decision in Dow Corning Bankruptcy Case

Date: Jun 4, 1996

Expanding 'Related To' Jurisdiction: Sixth Circuit's Landmark Decision in Dow Corning Bankruptcy Case Introduction In the complex landscape of bankruptcy litigation, jurisdictional determinations...

Establishing the "More than a Scintilla" Standard in FELA Claims: Aparicio v. Norfolk Western Railway Company

Date: May 31, 1996

Establishing the "More than a Scintilla" Standard in FELA Claims: Aparicio v. Norfolk Western Railway Company Introduction Aparicio v. Norfolk Western Railway Company, 84 F.3d 803 (6th Cir. 1996), is...

Affirmation of Employer's Duty in Providing Reasonable Accommodations under ADA: Hankins v. The Gap, Inc.

Date: May 30, 1996

Affirmation of Employer's Duty in Providing Reasonable Accommodations under ADA: Hankins v. The Gap, Inc. 1. Introduction Frances Hankins filed a lawsuit against her former employer, The Gap, Inc.,...

Res Judicata in Federal Diversity Jurisdiction: Analysis of J.Z.G. Resources, Inc. v. Shelby Insurance Company

Date: May 29, 1996

Res Judicata in Federal Diversity Jurisdiction: Analysis of J.Z.G. Resources, Inc. v. Shelby Insurance Company Introduction The case J.Z.G. Resources, Inc. v. Shelby Insurance Company, 84 F.3d 211...

Affirmation of Suppression: Exigent Circumstances Unjustified in Knock-and-Announce Requirement

Date: May 29, 1996

Affirmation of Suppression: Exigent Circumstances Unjustified in Knock-and-Announce Requirement Introduction In the case of United States of America v. Rondell Bates, 84 F.3d 790 (6th Cir. 1996), the...

Defining Standards for Substitution of Counsel and Drug Quantity Assessment in Sentencing: Insights from UNITED STATES v. JENNINGS & Stepp

Date: May 9, 1996

Defining Standards for Substitution of Counsel and Drug Quantity Assessment in Sentencing: Insights from UNITED STATES v. JENNINGS & Stepp Introduction The appellate case United States of America v....

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6th Circuit Case Commentaries

U.S. Trustee Discretion in Panel Membership Affirmed: Limited Judicial Review under APA

Expanded Definition of "Legal Mail" in Prisoners' Rights: Kensu v. Haigh

Enhancing Title VII Protections: Turic v. Holland Hospitality and the Inclusion of Contemplated Abortion

Affirmation of 18 U.S.C. §922(g)(1): Reinforcing Commerce Clause Authority Post-Lopez

Duty of Disclosure in ERISA Contracts: McConocha v. BCBSO

Noble v. Schmitt & Stevens: Affirming Due Process and Free Speech Rights Under Qualified Immunity

Sixth Circuit Establishes Workday Basis for WARN Act Damages in Saxion v. Titan-C Manufacturing

Discretion in Public Bidding: EnergyTech Electrical v. Mahoning County Affirmed

Fourth Amendment Protections in Consensual Encounters: Insights from United States v. Caicedo and Ryan

Affirmation of Total Liability and Equitable Subrogation in Aviation Disaster: POLEC et al. v. Northwest Airlines, Inc. and McDonnell Douglas Corporation

Expanding 'Related To' Jurisdiction: Sixth Circuit's Landmark Decision in Dow Corning Bankruptcy Case

Establishing the "More than a Scintilla" Standard in FELA Claims: Aparicio v. Norfolk Western Railway Company

Affirmation of Employer's Duty in Providing Reasonable Accommodations under ADA: Hankins v. The Gap, Inc.

Res Judicata in Federal Diversity Jurisdiction: Analysis of J.Z.G. Resources, Inc. v. Shelby Insurance Company

Affirmation of Suppression: Exigent Circumstances Unjustified in Knock-and-Announce Requirement

Defining Standards for Substitution of Counsel and Drug Quantity Assessment in Sentencing: Insights from UNITED STATES v. JENNINGS & Stepp

Deliberate Indifference in Procedural Due Process: HOWARD v. GRINAGE

Attorneys' Fees Recoverable in Section 301 Actions: Sixth Circuit Affirms and Clarifies

Affirmation of Disability Benefits Denial: Implications for New Evidence and Procedural Due Process

Affirmation of Pre-Death Pain and Suffering Damages under DOHSA: Bickel v. Korean Air Lines