6th Circuit Case Commentaries

Enforceability of Arbitration Clauses in Employment Agreements: Insights from Asplundh Tree Expert Co. v. Robert E. Bates

Date: Dec 15, 1995

Enforceability of Arbitration Clauses in Employment Agreements: Insights from Asplundh Tree Expert Co. v. Robert E. Bates Introduction The case of Asplundh Tree Expert Company v. Robert E. Bates,...

Dismissal with Prejudice for Willful Noncompliance in Discovery: Bass v. Jostens Learning Corporation

Date: Dec 12, 1995

Dismissal with Prejudice for Willful Noncompliance in Discovery: Bass v. Jostens Learning Corporation Introduction Bass v. Jostens Learning Corporation is a significant appellate decision from the...

Res Judicata and Waiver in Indemnity Claims: Kane v. Magna Mixer Company

Date: Dec 8, 1995

Res Judicata and Waiver in Indemnity Claims: Kane v. Magna Mixer Company Introduction Kane v. Magna Mixer Company, 71 F.3d 555 (6th Cir. 1995), is a pivotal case addressing the doctrines of res...

No Special Relationship: Affirmation of Summary Judgment in Sargi v. Kent City Board of Education

Date: Dec 2, 1995

No Special Relationship: Affirmation of Summary Judgment in Sargi v. Kent City Board of Education Introduction The case of Sargi v. Kent City Board of Education centers on the tragic death of Tami...

Defining Credentialing Standards and HCQIA Protections: Insights from Muzquiz v. W.A. Foote Memorial Hospital

Date: Nov 17, 1995

Defining Credentialing Standards and HCQIA Protections: Insights from Muzquiz v. W.A. Foote Memorial Hospital Introduction The case of Muzquiz v. W.A. Foote Memorial Hospital, adjudicated by the...

CMI, Inc. v. Intoximeters, Inc.: Dismissal of Unfair Competition Claims and the Non-Recognition of Specific Business Torts in Kentucky

Date: Nov 17, 1995

CMI, Inc. v. Intoximeters, Inc.: Dismissal of Unfair Competition Claims and the Non-Recognition of Specific Business Torts in Kentucky Introduction CMI, Inc. v. Intoximeters, Inc., decided on...

Manifest Disregard of Law: Upholding Arbitration Awards in Merrill Lynch v. Jaros

Date: Nov 16, 1995

Manifest Disregard of Law: Upholding Arbitration Awards in Merrill Lynch v. Jaros Introduction In the landmark case of Merrill Lynch, Pierce, Fenner Smith, Inc. and Sam Alberico v. Stanley F. Jaros,...

Landlord Liability for Security Misrepresentation: Lord v. Saratoga Capital

Date: Nov 15, 1995

Landlord Liability for Security Misrepresentation: Lord v. Saratoga Capital Introduction The case of Juanita Lord v. Saratoga Capital, Inc. and Sun Pac addresses significant issues surrounding...

Clarifying Factual Basis Requirements for Alford-Type Pleas: United States v. Tunning

Date: Nov 4, 1995

Clarifying Factual Basis Requirements for Alford-Type Pleas: United States v. Tunning Introduction The case of United States of America v. Ronald L. Tunning, decided by the United States Court of...

Reversing Summary Judgment in Employers Insurance of Wausau v. Petroleum Specialties, Inc.: A New Precedent on Duty to Defend under Pollution Exclusions

Date: Nov 2, 1995

Reversing Summary Judgment in Employers Insurance of Wausau v. Petroleum Specialties, Inc.: A New Precedent on Duty to Defend under Pollution Exclusions Introduction The case of Employers Insurance...

Establishing Warden Liability for Deliberate Indifference in Inmate Transfers: Analysis of Taylor v. Michigan Department of Corrections

Date: Oct 27, 1995

Establishing Warden Liability for Deliberate Indifference in Inmate Transfers: Analysis of Taylor v. Michigan Department of Corrections Introduction In the landmark case of Timothy Taylor v. Michigan...

Prospective Waivers of Employment Discrimination Claims: Adams v. Philip Morris, Inc.

Date: Oct 19, 1995

Prospective Waivers of Employment Discrimination Claims: Adams v. Philip Morris, Inc. Introduction In John O. Adams v. Philip Morris, Inc., 67 F.3d 580 (6th Cir. 1995), the United States Court of...

Affirmation of Federal Jurisdiction Under 18 U.S.C. §844(i) for Arson Affecting Interstate Commerce

Date: Oct 19, 1995

Affirmation of Federal Jurisdiction Under 18 U.S.C. §844(i) for Arson Affecting Interstate Commerce Introduction The case of UNITED STATES of America v. Keith Sherlin and Tracy Teague...

Defining CERCLA Liability: Plaskon Electronic Materials, Inc. v. Allied-Signal, Inc. Decision

Date: Oct 13, 1995

Defining CERCLA Liability: Plaskon Electronic Materials, Inc. v. Allied-Signal, Inc. Decision Introduction The case of Plaskon Electronic Materials, Inc. v. Allied-Signal, Inc., adjudicated in the...

Kuper v. Iovenko: Affirming Subclass Claims and Fiduciary Discretion under ERISA for ESOPs

Date: Oct 5, 1995

Kuper v. Iovenko: Affirming Subclass Claims and Fiduciary Discretion under ERISA for ESOPs Introduction In the landmark case Kuper and Jones, on behalf of themselves and all others similarly...

Withdrawal of Jury Trial Waiver: Analyzing Sinistaj v. Burt (66 F.3d 804)

Date: Oct 4, 1995

Withdrawal of Jury Trial Waiver: Analyzing Sinistaj v. Burt (66 F.3d 804) Introduction In the case of Fran Sinistaj v. Sherry Burt, adjudicated by the United States Court of Appeals for the Sixth...

Creditor Derivative Standing in Bankruptcy Avoidance Actions: In re The GIBSON GROUP, Inc. Decision

Date: Sep 29, 1995

Creditor Derivative Standing in Bankruptcy Avoidance Actions: In re The GIBSON GROUP, Inc. Decision Introduction The case In re The GIBSON GROUP, Inc., Debtor, adjudicated by the United States Court...

Service of Default Judgments on Foreign Instrumentalities: Key Takeaways from Antoine v. Atlas Turner, Inc.

Date: Sep 21, 1995

Service of Default Judgments on Foreign Instrumentalities: Key Takeaways from Antoine v. Atlas Turner, Inc. Introduction Antoine v. Atlas Turner, Inc., 66 F.3d 105 (6th Cir. 1995), is a pivotal case...

Affirmation of Denial for Ineffective Assistance of Counsel in 28 U.S.C. § 2255 Motions

Date: Sep 21, 1995

Affirmation of Denial for Ineffective Assistance of Counsel in 28 U.S.C. § 2255 Motions Introduction The case of Carl Green v. United States of America (65 F.3d 546) presents a pivotal examination of...

Thomson v. Harmony: Clarifying Waiver of Monetary Claims under Ohio Court of Claims Act

Date: Sep 19, 1995

Thomson v. Harmony: Clarifying Waiver of Monetary Claims under Ohio Court of Claims Act Introduction Thomson v. Harmony is a pivotal case decided by the United States Court of Appeals for the Sixth...

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