6th Circuit Case Commentaries

Bankruptcy Clause and Abrogation of State Sovereign Immunity: A New Precedent from In re Hood

Date: Feb 4, 2003

Bankruptcy Clause and Abrogation of State Sovereign Immunity: A New Precedent from In re Hood Introduction The case of In re Pamela L. Hood, Debtor versus the Tennessee Student Assistance Corporation...

Broad Interpretation of Initial Filing Requirements Under Title VII: Nichols v. Muskingum College

Date: Feb 4, 2003

Broad Interpretation of Initial Filing Requirements Under Title VII: Nichols v. Muskingum College Introduction The case of Betsy L. Nichols v. Muskingum College, adjudicated by the United States...

Enforceability of Cost-Splitting Provisions in Employment Arbitration Agreements: Morrison v. Circuit City and Shankle v. Pep Boys

Date: Jan 31, 2003

Enforceability of Cost-Splitting Provisions in Employment Arbitration Agreements Morrison v. Circuit City Stores, Inc. and Shankle v. Pep Boys — Manny, Moe & Jack, Inc. (317 F.3d 646) Introduction...

Reaffirming the Standards for Expert Testimony and Summary Judgment in Tennessee Medical Malpractice Cases

Date: Jan 31, 2003

Reaffirming the Standards for Expert Testimony and Summary Judgment in Tennessee Medical Malpractice Cases Introduction In the landmark case of Kent A. Sommer and Andrea Sommer v. G. William Davis...

Reversing Summary Judgment in Age Discrimination: The Role of Same-Actor and Same-Group Inferences in Wexler v. White's Fine Furniture

Date: Jan 28, 2003

Reversing Summary Judgment in Age Discrimination: The Role of Same-Actor and Same-Group Inferences in Wexler v. White's Fine Furniture Introduction In the case of Donald G. WEXLER v. WHITE'S FINE...

Clarifying Medigap Coverage: Vencor Inc. v. Standard Life Establishes Limits on Post-Medicare Part A Payments

Date: Jan 22, 2003

Clarifying Medigap Coverage: Vencor Inc. v. Standard Life Establishes Limits on Post-Medicare Part A Payments Introduction In the landmark case of VENCOR, INC., d/b/a Vencor Kentucky, Inc., d/b/a...

United States v. Galloway: Establishing Boundaries of Miranda Rights in Secondary Customs Inspections

Date: Jan 18, 2003

United States v. Galloway: Establishing Boundaries of Miranda Rights in Secondary Customs Inspections Introduction In United States v. Jeffrey Glenn Galloway, the United States Court of Appeals for...

Enhanced Procedural Compliance Standards under IDEA: Insights from N.L. v. Knox County Schools

Date: Jan 17, 2003

Enhanced Procedural Compliance Standards under IDEA: Insights from N.L. v. Knox County Schools Introduction The case N.L., a minor, by her mother, Ms. C., v. Knox County Schools (315 F.3d 688)...

State Action Requirement in §1983 Claims: Tahfs v. Proctor Establishes Rigorous Standards

Date: Jan 15, 2003

State Action Requirement in §1983 Claims: Tahfs v. Proctor Establishes Rigorous Standards Introduction In the landmark case of Judy Lynn Tahfs v. William N. Proctor and Miranda K. Proctor, the United...

Qualified Immunity in §1983 Claims: Analysis of Crockett & Greene v. Cumberland College

Date: Jan 14, 2003

Qualified Immunity in §1983 Claims: Analysis of Crockett & Greene v. Cumberland College Introduction The case of Crockett v. Cumberland College concerns the wrongful arrest and subsequent punitive...

Receivership Bound by Arbitration Agreements: Javitch v. Brokerage Firms

Date: Jan 11, 2003

Receivership Bound by Arbitration Agreements: Javitch v. Brokerage Firms Introduction The case of Victor M. Javitch, Receiver, Plaintiff-Appellee v. First Union Securities, Inc. et al., adjudicated...

Helton v. United States: Reinforcing Probable Cause Standards and Limiting the Leon Good-Faith Exception

Date: Jan 7, 2003

Helton v. United States: Reinforcing Probable Cause Standards and Limiting the Leon Good-Faith Exception Introduction Helton v. United States, 314 F.3d 812 (6th Cir. 2003), is a pivotal case that...

Clarification of Amount in Controversy Requirements in Diversity Jurisdiction: Marti Egan v. Premier Scales Systems

Date: Dec 31, 2002

Clarification of Amount in Controversy Requirements in Diversity Jurisdiction: Marti Egan v. Premier Scales Systems Introduction The case of Marti Egan Plaintiff v. Premier Scales Systems, d/b/a...

Shepherd v. Wellman: Affirming Proper §1983 Pleadings and Upholding Attorney Conduct Standards

Date: Dec 24, 2002

Shepherd v. Wellman: Affirming Proper §1983 Pleadings and Upholding Attorney Conduct Standards Introduction Shepherd v. Wellman, 313 F.3d 963 (6th Cir. 2002), is a pivotal case addressing several...

Reverse Discrimination in Employment Promotions: Zambetti v. Cuyahoga Community College

Date: Dec 20, 2002

Reverse Discrimination in Employment Promotions: Zambetti v. Cuyahoga Community College Introduction Todd Zambetti, a Caucasian employee of Cuyahoga Community College (CCC), filed a lawsuit alleging...

Ensuring Comprehensive Evaluation in ERISA Benefit Denials: Insights from Spangler v. Lockheed Martin Energy Systems, Inc. & Metropolitan Life Insurance Co.

Date: Dec 17, 2002

Ensuring Comprehensive Evaluation in ERISA Benefit Denials: Insights from Spangler v. Lockheed Martin Energy Systems, Inc. & Metropolitan Life Insurance Co. Introduction The case of Janice Spangler...

Tennessee FDEA Casket Retail Licensing Invalidated under Fourteenth Amendment: Sixth Circuit Decision

Date: Dec 7, 2002

Tennessee FDEA Casket Retail Licensing Invalidated under Fourteenth Amendment: Sixth Circuit Decision Introduction In Craigmiles et al. v. Giles et al., the United States Court of Appeals for the...

Establishing Liability in Malicious Prosecution: Hinchman v. Moore Jr. & Dombrowski

Date: Dec 3, 2002

Establishing Liability in Malicious Prosecution: Hinchman v. Moore Jr. & Dombrowski Introduction The case of Bonnie Lee Hinchman v. Edwin L. Moore Jr. and Robert A. Dombrowski serves as a significant...

Claim Preclusion in Land Use Zoning Disputes: Analysis of DUBUC v. GREEN OAK TOWNSHIP

Date: Dec 3, 2002

Claim Preclusion in Land Use Zoning Disputes: Analysis of DUBUC v. GREEN OAK TOWNSHIP Introduction The case of Dennis DUBUC v. GREEN OAK TOWNSHIP (312 F.3d 736) adjudicated by the United States Court...

Sixth Circuit Applies Thaddeus-X in Prisoner Retaliation Claim: Cle v. Brown

Date: Nov 28, 2002

Sixth Circuit Applies Thaddeus-X in Prisoner Retaliation Claim: Cle v. Brown Introduction In Cle v. Brown, 312 F.3d 782 (6th Cir. 2002), the United States Court of Appeals for the Sixth Circuit...