6th Circuit Case Commentaries

Qualified Immunity and Procedural Due Process in Emergency Evictions: Flatford v. City of Monroe

Date: Feb 23, 1994

Qualified Immunity and Procedural Due Process in Emergency Evictions: Flatford v. City of Monroe Introduction The case of J.C. Flatford, et al. v. City of Monroe, et al. presents a significant...

Constructive Trusts and Bankruptcy: Sixth Circuit Limits Fraudulent Exclusions

Date: Feb 19, 1994

Constructive Trusts and Bankruptcy: Sixth Circuit Limits Fraudulent Exclusions in In Re Omegas Group, Inc. Introduction The case of In Re Omegas Group, Inc., Debtor, 16 F.3d 1443 (6th Cir. 1994),...

Federal Standards Supersede State Law in Fourth Amendment Analysis: Insights from United States v. Wright

Date: Feb 15, 1994

Federal Standards Supersede State Law in Fourth Amendment Analysis: Insights from United States v. Wright Introduction United States v. Wright, 16 F.3d 1429 (6th Cir. 1994), is a pivotal case...

Title VII Religious Accommodation and Undue Hardship: Cooper v. Oak Rubber Company

Date: Feb 10, 1994

Title VII Religious Accommodation and Undue Hardship: Cooper v. Oak Rubber Company Introduction Cooper v. Oak Rubber Company is a pivotal case adjudicated by the United States Court of Appeals for...

United States v. Johnson Obasa: Reinforcing the Limits of Terry Stops in Investigative Detentions

Date: Feb 5, 1994

United States v. Johnson Obasa: Reinforcing the Limits of Terry Stops in Investigative Detentions Introduction The case of United States of America v. Johnson Obasa serves as a pivotal reference in...

Enforcement of IRS John Doe Summons Against Attorneys: Balancing Regulatory Authority and Constitutional Protections

Date: Feb 4, 1994

Enforcement of IRS John Doe Summons Against Attorneys: Balancing Regulatory Authority and Constitutional Protections Introduction The case of United States of America v. Robert W. Ritchie presented a...

Non-Duplication of Emotional Distress Damages in Hybrid Section 301 and 411 LMRDA Claims: Black v. Ryder Nationwide

Date: Feb 3, 1994

Non-Duplication of Emotional Distress Damages in Hybrid Section 301 and 411 LMRDA Claims: Black v. Ryder Nationwide Introduction Black v. Ryder Nationwide, Inc. is a pivotal case decided by the...

Reversing Dismissal: Limits on Rule 37 Sanctions in Pre-Litigation Evidence Destruction

Date: Feb 1, 1994

Reversing Dismissal: Limits on Rule 37 Sanctions in Pre-Litigation Evidence Destruction Introduction The case of State Automobile Mutual Insurance Company v. Lakewood Engineering and Manufacturing...

Good Cause in Service of Process for Pro Se Litigants: Habib v. General Motors

Date: Jan 26, 1994

Good Cause in Service of Process for Pro Se Litigants: Habib v. General Motors Introduction The case of William Habib, Plaintiff-Appellant, and Ruth Habib, Plaintiff versus General Motors...

Monell Liability Affirmed for Unconstitutional Employee Discharge Following Policymaker Approval: MEYERS v. CITY OF CINCINNATI

Date: Jan 22, 1994

Monell Liability Affirmed for Unconstitutional Employee Discharge Following Policymaker Approval: MEYERS v. CITY OF CINCINNATI Introduction MEYERS v. CITY OF CINCINNATI is a pivotal civil rights case...

Redefining "Highly Marketable" in Social Security Disability Claims: Preslar v. Secretary of Health and Human Services

Date: Jan 22, 1994

Redefining "Highly Marketable" in Social Security Disability Claims: Preslar v. Secretary of Health and Human Services Introduction Preslar v. Secretary of Health and Human Services is a landmark...

Restricting Upward Sentencing Departures: Sixth Circuit Rules Against Improper Use of Out-of-Time Convictions in United States v. Schultz

Date: Jan 21, 1994

Restricting Upward Sentencing Departures: Sixth Circuit Rules Against Improper Use of Out-of-Time Convictions in United States v. Schultz Introduction United States v. Schultz, 14 F.3d 1093 (6th Cir....

Establishing Career Offender Status and Admitting Prior Sales Evidence: An Analysis of United States v. Benjamin A. Davis

Date: Jan 21, 1994

Establishing Career Offender Status and Admitting Prior Sales Evidence: An Analysis of United States v. Benjamin A. Davis Introduction In the case of United States of America v. Benjamin A. Davis,...

Federal Communications Act Preempts Common Law Nuisance Claims for Radio Signal Interference

Date: Jan 15, 1994

Federal Communications Act Preempts Common Law Nuisance Claims for Radio Signal Interference Introduction In the landmark case of Broyde et al. v. Gotham Tower, Inc. et al., decided by the United...

Reaffirmation of the Economic Loss Doctrine in Michigan Tort Claims: Bailey Farms, Inc. v. Nor-Am Chemical Company

Date: Jan 13, 1994

Reaffirmation of the Economic Loss Doctrine in Michigan Tort Claims: Bailey Farms, Inc. v. Nor-Am Chemical Company Introduction Bailey Farms, Inc. v. Nor-Am Chemical Company, 27 F.3d 188 (6th Cir....

Retroactive Application of Section 1139 in Pension Plan Calculations: Costantino v. TRW, Inc.

Date: Jan 11, 1994

Retroactive Application of Section 1139 in Pension Plan Calculations: Costantino v. TRW, Inc. Introduction In Costantino v. TRW, Inc. (13 F.3d 969, 1994), the United States Court of Appeals for the...

ERISA §1132 Preemption and Fraudulent Joinder in Employment Discrimination Cases: Insights from Alexander v. Electronic Data Systems Corp.

Date: Jan 7, 1994

ERISA §1132 Preemption and Fraudulent Joinder in Employment Discrimination Cases: Insights from Alexander v. Electronic Data Systems Corp. Introduction In the landmark case Leroy Alexander v....

Strategic Defense Decisions and Effective Assistance of Counsel: A Comprehensive Review of Lewis v. Alexander

Date: Dec 18, 1993

Strategic Defense Decisions and Effective Assistance of Counsel: A Comprehensive Review of Lewis v. Alexander Introduction Lewis v. Alexander, 11 F.3d 1349 (6th Cir. 1993), is a pivotal case that...

Ex Parte Seizure Orders in Trade Secret and Copyright Cases: Insights from First Technology Safety Systems, Inc. v. Vector Research, Inc.

Date: Dec 16, 1993

Ex Parte Seizure Orders in Trade Secret and Copyright Cases: Insights from First Technology Safety Systems, Inc. v. Vector Research, Inc. Introduction The legal landscape governing the use of ex...

Affirmation of Prosecutorial Absolute Immunity in Victim Notification Claims: Pusey v. City of Youngstown

Date: Dec 16, 1993

Affirmation of Prosecutorial Absolute Immunity in Victim Notification Claims: Pusey v. City of Youngstown Introduction Ethel L. Pusey filed a civil rights lawsuit under 42 U.S.C. § 1983 against...

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