6th Circuit Case Commentaries

Selective Waiver of Attorney-Client Privilege in Corporate Investigations: Insights from In re Columbia/HCA Healthcare Corporation Billing Practices Litigation

Date: Jun 11, 2002

Selective Waiver of Attorney-Client Privilege in Corporate Investigations: Insights from In re Columbia/HCA Healthcare Corporation Billing Practices Litigation Introduction The case In re...

Strict Enforcement of Standing in Federal Mandamus Actions: Coal Operators v. Babbitt

Date: Jun 4, 2002

Strict Enforcement of Standing in Federal Mandamus Actions: Coal Operators and Associates, Inc. v. Babbitt Introduction In the landmark case of Coal Operators and Associates, Inc.; Phelps Coal and...

Affirmation of Probable Cause Despite Inducement: Fridley v. Horrighs and the Boundaries of Entrapment

Date: Jun 4, 2002

Affirmation of Probable Cause Despite Inducement: Fridley v. Horrighs and the Boundaries of Entrapment Introduction The case of Mark S. Fridley and Denise R. Fridley v. Walter Horrighs addresses...

Enforcing Strict Deadlines for Interlocutory Appeals: The Sixth Circuit's Decision in In re City of Memphis

Date: Jun 1, 2002

Enforcing Strict Deadlines for Interlocutory Appeals: The Sixth Circuit's Decision in In re City of Memphis Introduction The case of In re City of Memphis, Petitioner. West Tennessee Chapter of...

Exemption of Dockworkers from FLSA Overtime Provisions Confirmed in Vaughn and Rivers v. Watkins Motor Lines

Date: May 31, 2002

Exemption of Dockworkers from FLSA Overtime Provisions Confirmed in Vaughn and Rivers v. Watkins Motor Lines Introduction The case of Alex Vaughn and George Rivers v. Watkins Motor Lines, Inc.,...

Reaffirmation of the Carroll Test in Evaluating Prosecutorial Misconduct: Macias v. Makowski

Date: May 25, 2002

Reaffirmation of the Carroll Test in Evaluating Prosecutorial Misconduct: Macias v. Makowski Introduction In Alfonso Macias, Jr., Petitioner-Appellant, v. John Makowski, Respondent-Appellee, 291 F.3d...

Sixth Circuit Affirms Brady Violations in Suppression of Exculpatory Evidence: Jamison v. Collins

Date: May 24, 2002

Sixth Circuit Affirms Brady Violations in Suppression of Exculpatory Evidence: Jamison v. Collins Introduction In the landmark case of Derrick Jamison v. Terry Collins, adjudicated by the United...

Reaffirming AEDPA's Strict Standards on Habeas Review: The Lorraine v. Coyle Decision

Date: May 24, 2002

Reaffirming AEDPA's Strict Standards on Habeas Review: The Lorraine v. Coyle Decision Introduction In the landmark case of Charles L. Lorraine v. Ralph Coyle, Warden (291 F.3d 416, 6th Cir. 2002),...

Foster v. Ludwick: Upholding Procedural Defaults and Interpretations of IAD in Habeas Corpus Proceedings

Date: May 23, 2002

Foster v. Ludwick: Upholding Procedural Defaults and Interpretations of IAD in Habeas Corpus Proceedings Introduction Foster v. Ludwick is a landmark 2002 decision by the United States District Court...

Establishing Personal Jurisdiction in Cybersquatting Cases: Insights from Bird v. Parsons et al.

Date: May 22, 2002

Establishing Personal Jurisdiction in Cybersquatting Cases: Insights from Bird v. Parsons et al. Introduction The case of Darrell J. Bird v. Marshall Parsons, Stephen Vincent, George DeCarlo,...

Affirmation of Residual Disability Benefits Under ERISA: Hoover v. Provident Life

Date: May 22, 2002

Affirmation of Residual Disability Benefits Under ERISA: Hoover v. Provident Life Introduction Mary Moore Hoover filed a lawsuit against Provident Life and Accident Insurance Company after her...

Protected Speech Must Address Matters of Public Concern: Gragg v. Kentucky Cabinet Establishes Key Retaliation Immunity Principles

Date: May 21, 2002

Protected Speech Must Address Matters of Public Concern: Gragg v. Kentucky Cabinet Establishes Key Retaliation Immunity Principles Introduction In the landmark case Sharon L. Gragg v. Kentucky...

Morse v. McWhorter: Establishing Standards for Post-Judgment Amendments in Securities Litigation

Date: May 21, 2002

Morse v. McWhorter: Establishing Standards for Post-Judgment Amendments in Securities Litigation Introduction Morse v. McWhorter, 290 F.3d 795 (6th Cir. 2002), is a pivotal case in securities...

Establishing Exclusive Federal Jurisdiction for NFIA Standard Flood Insurance Policy Claims: Gibson v. American Bankers Insurance Co.

Date: May 17, 2002

Establishing Exclusive Federal Jurisdiction for NFIA Standard Flood Insurance Policy Claims: Gibson v. American Bankers Insurance Co. Introduction Edgar Allen Gibson and Leslie Gibson v. American...

Enforcement of Medicaid Program Requirements Under §1983: Westside Mothers v. Haveman

Date: May 16, 2002

Enforcement of Medicaid Program Requirements Under §1983: Westside Mothers v. Haveman 1. Introduction In Westside Mothers, a Michigan Welfare Rights Organization; Michigan League for Human Services,...

Monopolization and Exclusionary Practices: Analysis of Conwood v. United States Tobacco Company

Date: May 16, 2002

Monopolization and Exclusionary Practices: Analysis of Conwood v. United States Tobacco Company Introduction The legal landscape surrounding antitrust laws plays a pivotal role in maintaining...

Apprendi Non-Retroactivity in Initial §2255 Motions: Analysis of Ke v. Goode

Date: May 11, 2002

Apprendi Non-Retroactivity in Initial §2255 Motions: Analysis of Ke v. Goode Introduction Kevin Antonio Goode, the petitioner-appellant in Ke v. Goode, appealed his life imprisonment sentence related...

Affirmation of AEDPA Deference in Habeas Corpus Proceedings: The Schoenberger v. Russell Decision

Date: May 10, 2002

Affirmation of AEDPA Deference in Habeas Corpus Proceedings: The Schoenberger v. Russell Decision Introduction In the landmark case of Earnest Schoenberger, Sr. v. Harry Russell, 290 F.3d 831 (6th...

Affirmation of Default Judgment in General Star v. Astra: Implications for Sovereign Immunity and Service of Process

Date: May 8, 2002

Affirmation of Default Judgment in General Star v. Astra: Implications for Sovereign Immunity and Service of Process Introduction In the case of General Star National Insurance Company v....

Affirmation of Summary Judgment in Prater v. City of Burnside Establishes Limits on Religious Land Use Claims

Date: May 8, 2002

Affirmation of Summary Judgment in Prater v. City of Burnside Establishes Limits on Religious Land Use Claims Introduction The case of Prater, Hollis, and Sowder v. City of Burnside, Kentucky...