6th Circuit Case Commentaries

ERISA Preemption and Postjudgment Interest in Caffey v. UNUM Life Insurance Co.

Date: Sep 4, 2002

ERISA Preemption and Postjudgment Interest in Caffey v. UNUM Life Insurance Co. Introduction The case of Rosalyn Caffey v. UNUM Life Insurance Co. (302 F.3d 576) adjudicated by the United States...

Excusable Neglect Under Rule 60(b)(1): Insights from United States v. Acevedo

Date: Aug 30, 2002

Excusable Neglect Under Rule 60(b)(1): Insights from United States v. Acevedo Introduction The case United States v. Juan Acevedo, adjudicated by the United States Court of Appeals for the Sixth...

Affirming Procedural Bar on Brady and Severance Claims in Federal Habeas Corpus – Hutchison v. Bell

Date: Aug 30, 2002

Affirming Procedural Bar on Brady and Severance Claims in Federal Habeas Corpus – Hutchison v. Bell Introduction In Hutchison v. Bell, the United States Court of Appeals for the Sixth Circuit...

Privacy Act of 1974 Precludes Bivens Action for Retaliatory Creation of False Records: Analysis of Downie v. Wheat

Date: Aug 24, 2002

Privacy Act of 1974 Precludes Bivens Action for Retaliatory Creation of False Records: Analysis of Downie v. Wheat Introduction In Downie v. Wheat, 301 F.3d 688 (6th Cir. 2002), the United States...

Fourth and Fourteenth Amendment Protections in Non-Judicial Evictions: Affirming Due Process and Unreasonable Seizures

Date: Aug 24, 2002

Fourth and Fourteenth Amendment Protections in Non-Judicial Evictions: Affirming Due Process and Unreasonable Seizures Introduction In the case of Natasha Thomas; Susan Gibbs; and Edwina Lewis v. Ann...

Limitations on Third-Party Removal Under 28 U.S.C. § 1441: Insights from First National Bank of Pulaski v. Curry et al.

Date: Aug 22, 2002

Limitations on Third-Party Removal Under 28 U.S.C. § 1441: Insights from First National Bank of Pulaski v. Curry et al. Introduction The case of First National Bank of Pulaski, Plaintiff, v. John T....

Reaffirming Consent Requirements and the Taint Doctrine in Vehicular Searches: United States v. Haynes

Date: Aug 17, 2002

Reaffirming Consent Requirements and the Taint Doctrine in Vehicular Searches: United States v. Haynes 1. Introduction United States of America v. Scott Lee Haynes (301 F.3d 669) is a pivotal...

Affirmation of Anticipatory Search Warrant and Sentencing Enhancements in Drug Trafficking Cases

Date: Aug 17, 2002

Affirmation of Anticipatory Search Warrant and Sentencing Enhancements in Drug Trafficking Cases Introduction The case of UNITED STATES of America v. Donald Miggins, Edward McDaniels, and Charles...

Equitable Tolling of Statute of Limitations in Habeas Corpus Petitions: Hargrove v. Brigano

Date: Aug 15, 2002

Equitable Tolling of Statute of Limitations in Habeas Corpus Petitions: Hargrove v. Brigano Introduction Judah Hargrove, the petitioner-appellee, appealed the decision in Hargrove v. Brigano,...

Execution of Mentally Retarded Individuals: Hill v. Anderson Establishes Procedural Pathway

Date: Aug 14, 2002

Execution of Mentally Retarded Individuals: Hill v. Anderson Establishes Procedural Pathway Introduction Hill v. Anderson, 300 F.3d 679 (6th Cir. 2002), is a pivotal case in the realm of criminal...

Sixth Circuit Reaffirms ERISA Jurisdiction: Overruling Law-of-the-Case Doctrine and Burford Abstention in Rouse v. DaimlerChrysler

Date: Aug 14, 2002

Sixth Circuit Reaffirms ERISA Jurisdiction: Overruling Law-of-the-Case Doctrine and Burford Abstention in Rouse v. DaimlerChrysler Introduction Rouse v. DaimlerChrysler Corporation UAW...

Re-Evaluating Brady Violations under AEDPA: Sawyer v. Hofbauer

Date: Aug 10, 2002

Re-Evaluating Brady Violations under AEDPA: Sawyer v. Hofbauer Introduction Thomas W. Sawyer, a Michigan prisoner, appealed his convictions for first- and second-degree criminal sexual conduct,...

Duty of Defense Counsel to Inform Defendants of Prosecutorial Appeals in Guilty Plea Cases: Miller v. Straub

Date: Aug 9, 2002

Duty of Defense Counsel to Inform Defendants of Prosecutorial Appeals in Guilty Plea Cases: Miller v. Straub Introduction Miller v. Straub, 299 F.3d 570, is a landmark decision by the United States...

Strict Limitations on Rule 60(b) Relief Affirmed in Sixth Circuit's Turner Case

Date: Aug 8, 2002

Strict Limitations on Rule 60(b) Relief Affirmed in Sixth Circuit's Turner Case Introduction The appellate decision in Sondra McCurry, as Mother and next Friend of Frank E. Turner, Deceased; Vicki...

Fourth Amendment Consent and Exigent Circumstances: A Comprehensive Analysis of UNITED STATES v. ELKINS

Date: Aug 3, 2002

Fourth Amendment Consent and Exigent Circumstances: A Comprehensive Analysis of UNITED STATES v. ELKINS Introduction The case of United States of America v. James Elkins; Carol Elkins, adjudicated by...

Affirmation of the Surface Transportation Board’s Authority in Forced Sale Proceedings: RAILROAD VENTURES, INC. v. SURFACE TRANSPORTATION BOARD and United States

Date: Aug 2, 2002

Affirmation of the Surface Transportation Board’s Authority in Forced Sale Proceedings: RAILROAD VENTURES, INC. v. SURFACE TRANSPORTATION BOARD and United States Introduction The case of Railroad...

Article III Standing Supersedes Rule 17(a) Real Party Substitution: Affirmation in Zurich Insurance v. Logitrans

Date: Jul 30, 2002

Article III Standing Supersedes Rule 17(a) Real Party Substitution: Affirmation in Zurich Insurance v. Logitrans Introduction The case of Zurich Insurance Company, a Swiss Corporation, a subrogee of...

Affirmation of Summary Judgment in Age and Sex Discrimination Claims: Policastro v. Northwest Airlines

Date: Jul 30, 2002

Affirmation of Summary Judgment in Age and Sex Discrimination Claims: Policastro v. Northwest Airlines Introduction The case of Barbara Policastro v. Northwest Airlines, Incorporated (297 F.3d 535)...

Sixth Circuit Reaffirms Convictions in Crack Cocaine Conspiracy and Clarifies Standards for Minimal-Role Sentencing Reductions

Date: Jul 30, 2002

Sixth Circuit Reaffirms Convictions in Crack Cocaine Conspiracy and Clarifies Standards for Minimal-Role Sentencing Reductions Introduction In the notable case of UNITED STATES of America v. Antonio...

Deliberate Indifference Standard Upheld in Substantive Due Process Claims Against Corrections Departments

Date: Jul 26, 2002

Deliberate Indifference Standard Upheld in Substantive Due Process Claims Against Corrections Departments Introduction Sperle v. Michigan Department of Corrections (297 F.3d 483) is a pivotal case...