6th Circuit Case Commentaries

Affirmation of Suppression: Consent During Unlawful Arrest in United States v. Da

Date: Sep 20, 2003

Affirmation of Suppression: Consent During Unlawful Arrest in United States v. Da Introduction United States v. Da, 344 F.3d 623 (6th Cir. 2003), is a pivotal case that explores the boundaries of...

Affirmation of Summary Judgment in Reverse Race Discrimination Case under Title VII

Date: Sep 19, 2003

Affirmation of Summary Judgment in Reverse Race Discrimination Case under Title VII Introduction In the case of Thomas E. Sutherland, et al. v. Michigan Department of Treasury, et al. (344 F.3d 603),...

Sallier v. Brooks and Ramsey: Establishing Protections for Legal Mail and Qualified Immunity in Prison Mail Handling

Date: Sep 19, 2003

Sallier v. Brooks and Ramsey: Establishing Protections for Legal Mail and Qualified Immunity in Prison Mail Handling Introduction In Sallier v. Brooks and Ramsey, 343 F.3d 868 (6th Cir. 2003), the...

Affirmation of Procedural Defaults and Evaluation of Ineffective Assistance of Counsel under AEDPA: Bowling v. Parker

Date: Sep 18, 2003

Affirmation of Procedural Defaults and Evaluation of Ineffective Assistance of Counsel under AEDPA: Bowling v. Parker Introduction Thomas Clyde Bowling, Jr., Petitioner-Appellant, v. Phillip Parker,...

Rodgers v. Banks: Expansion of First Amendment Protections in Public Employment Retaliation Cases

Date: Sep 18, 2003

Rodgers v. Banks: Expansion of First Amendment Protections in Public Employment Retaliation Cases Introduction Carolyn T. Rodgers v. Elizabeth Banks, 344 F.3d 587 (6th Cir. 2003), marks a significant...

Sealed Indictments and the Tolling of Statute of Limitations: A Comprehensive Analysis of United States v. Ward Wesley Wright

Date: Sep 13, 2003

Sealed Indictments and the Tolling of Statute of Limitations: A Comprehensive Analysis of United States v. Ward Wesley Wright Introduction In the landmark case United States of America v. Ward Wesley...

Sixth Circuit Affirms Claim Preclusion and Limits Individual Liability under FMLA in Mitchell v. Chapman

Date: Sep 12, 2003

Sixth Circuit Affirms Claim Preclusion and Limits Individual Liability under FMLA in Mitchell v. Chapman Introduction In Joey L. Mitchell v. Glenn Chapman, et al., 343 F.3d 811 (6th Cir. 2003), the...

Sixth Circuit Sets New Precedent on Relator Share in FCA Alternate Remedies and Public Disclosure Limitations

Date: Sep 11, 2003

Sixth Circuit Sets New Precedent on Relator Share in FCA Alternate Remedies and Public Disclosure Limitations Introduction The United States Court of Appeals for the Sixth Circuit delivered a...

Protecting Whistleblowers: Himmel v. Ford Motor Company Establishes Key Precedents under Ohio's Public Policy Exception

Date: Sep 9, 2003

Protecting Whistleblowers: Himmel v. Ford Motor Company Establishes Key Precedents under Ohio's Public Policy Exception Introduction Stephen B. Himmel v. Ford Motor Company, 342 F.3d 593 (6th Cir....

Reaffirming the Right to Effective Assistance of Counsel in Capital Sentencing under Strickland

Date: Sep 9, 2003

Reaffirming the Right to Effective Assistance of Counsel in Capital Sentencing under Strickland Introduction The case of Richard M. Frazier v. Stephen J. Huffman, decided by the United States Court...

Limited ERISA Preemption Affirmed: Sixth Circuit Allows Non-Plan Related State Claims

Date: Sep 5, 2003

Limited ERISA Preemption Affirmed: Sixth Circuit Allows Non-Plan Related State Claims Introduction In the landmark case of Lloyd Marks v. Newcourt Credit Group, Inc., the United States Court of...

Limited Partners' Standing in Breach of Contract and Managing Partner Authority: In re Anthony Steven Brown

Date: Sep 4, 2003

Limited Partners' Standing in Breach of Contract and Managing Partner Authority: In re Anthony Steven Brown Introduction The appellate case In re Anthony Steven Brown, decided by the United States...

Clarifying Eleventh Amendment Immunity and the Rooker-Feldman Doctrine in Bar Admission Litigation: Dubuc v. Michigan Board of Law Examiners

Date: Sep 4, 2003

Clarifying Eleventh Amendment Immunity and the Rooker-Feldman Doctrine in Bar Admission Litigation: Dubuc v. Michigan Board of Law Examiners Introduction Dennis Dubuc v. Michigan Board of Law...

Interpreting "Unreasonable Application" under AEDPA: Insights from ROCKWELL v. YUKINS

Date: Aug 28, 2003

Interpreting "Unreasonable Application" under AEDPA: Insights from ROCKWELL v. YUKINS Introduction Sharon May Rockwell v. Joan Yukins (341 F.3d 507, 2003) is a pivotal case adjudicated by the United...

Unanimous Consent Required for Removal to Federal Court: Analysis of Loftis v. UPS, Inc.

Date: Aug 27, 2003

Unanimous Consent Required for Removal to Federal Court: Analysis of Loftis v. UPS, Inc. Introduction In the case of Thomas P. Loftis, Plaintiff-Appellee, v. United Parcel Service, Inc.; David Cole,...

Establishing Proximate Cause in Rescue Operation Negligence: Sixth Circuit Reverses Summary Judgment in Sagan v. United States

Date: Aug 26, 2003

Establishing Proximate Cause in Rescue Operation Negligence: Sixth Circuit Reverses Summary Judgment in Sagan v. United States Introduction The case of Virginia Sagan v. United States centers on a...

Helen Jones v. City of Monroe: Establishing Standards for ADA Compliance in Municipal Parking Programs

Date: Aug 22, 2003

Helen Jones v. City of Monroe: Establishing Standards for ADA Compliance in Municipal Parking Programs Introduction Helen Jones v. City of Monroe, Michigan (341 F.3d 474) is a significant appellate...

Affirmation of Dismissal in Qui Tam Action under the False Claims Act

Date: Aug 21, 2003

Affirmation of Dismissal in Qui Tam Action under the False Claims Act Introduction In the case of Richard M. Yuhasz v. Brush Wellman, Inc., decided by the United States Court of Appeals for the Sixth...

Maples v. Stegall: Overriding Procedural Default in Federal Habeas Corpus Claims Due to External Impediments

Date: Aug 20, 2003

Maples v. Stegall: Overriding Procedural Default in Federal Habeas Corpus Claims Due to External Impediments Introduction Maples v. Stegall, 340 F.3d 433 (6th Cir. 2003), is a pivotal case in federal...

Judicial Reviewability of Asylum Timeliness and 'Particular Social Group' Definitions: Castellano-Chacon v. INS

Date: Aug 19, 2003

Judicial Reviewability of Asylum Timeliness and 'Particular Social Group' Definitions: Castellano-Chacon v. INS Introduction Rolando Augustine Castellano-Chacon, a native of Honduras, entered the...