6th Circuit Case Commentaries

Affirmation of Implied Certification Theory Under the False Claims Act: U.S. v. Century Health Services, Inc.

Date: May 8, 2002

Affirmation of Implied Certification Theory Under the False Claims Act: U.S. v. Century Health Services, Inc. Introduction The case of United States of America, ex rel.; Edward T. Augustine,...

Establishing Reasonable Suspicion in Prostitution-Related Vehicle Stops: United States v. Timothy Martin

Date: May 7, 2002

Establishing Reasonable Suspicion in Prostitution-Related Vehicle Stops: United States v. Timothy Martin Introduction United States v. Timothy Martin, 289 F.3d 392 (6th Cir. 2002), is a pivotal case...

Sixth Circuit Upholds Michigan Statute of Repose in Construction Negligence Case

Date: May 4, 2002

Sixth Circuit Upholds Michigan Statute of Repose in Construction Negligence Case Introduction The case of ROSKAM BAKING COMPANY, INC. v. LANHAM MACHINERY COMPANY, INC.; APV Consolidated, Inc....

Significant Relationship and Choice of Law Principles in Venue Transfer: Analysis of Jamhour v. Scottsdale Insurance

Date: May 4, 2002

Significant Relationship and Choice of Law Principles in Venue Transfer: Analysis of Jamhour v. Scottsdale Insurance Introduction Jamhour v. Scottsdale Insurance Company, et al. (211 F. Supp. 2d 941)...

Establishing Arbitration in Michigan: A Comprehensive Analysis of Simons v. Great Earth Companies

Date: May 2, 2002

Establishing Arbitration in Michigan: A Comprehensive Analysis of Simons v. Great Earth Companies Introduction The appellate case Simons v. Great Earth Companies, Inc. (288 F.3d 878) presents a...

Collateral Estoppel and Prosecutorial Immunity in §1983 Claims: Higgason v. Stephens

Date: May 2, 2002

Collateral Estoppel and Prosecutorial Immunity in §1983 Claims: Higgason v. Stephens Introduction The case of Gary L. Higgason, M.D. v. Robert F. Stephens et al. (288 F.3d 868), adjudicated by the...

Qualified Immunity and Substantive Due Process: Analysis of Sheets v. Mullins (287 F.3d 581)

Date: Apr 26, 2002

Qualified Immunity and Substantive Due Process: Analysis of Sheets v. Mullins (287 F.3d 581) Introduction Theresa Sheets, as the Administrator for the Estate of Tiffany Jean Montgomery, Deceased,...

Cotter v. Ajilon Services: Redefining Disability Under the ADA

Date: Apr 26, 2002

Cotter v. Ajilon Services: Redefining Disability Under the ADA Introduction The case of Gerard Cotter v. Ajilon Services, Inc. (287 F.3d 593, 6th Cir. 2002) presents a pivotal examination of the...

Federal Subject Matter Jurisdiction in Declaratory Judgment Actions: Insights from Michigan Southern Railroad v. Branch St. Joseph Counties Rail Users Association

Date: Apr 25, 2002

Federal Subject Matter Jurisdiction in Declaratory Judgment Actions: Insights from Michigan Southern Railroad Co. v. Branch St. Joseph Counties Rail Users Association Introduction The case of...

Due Process and Juvenile Jurisdiction: Comprehensive Commentary on Dickens v. Jones

Date: Apr 24, 2002

Due Process and Juvenile Jurisdiction: Comprehensive Commentary on Dickens v. Jones Introduction Marvin Dwayne Dickens v. Kurt Jones, 203 F. Supp. 2d 354 (E.D. Mich. 2002), presents a pivotal...

Affirming State Action Immunity for Municipal Anticompetitive Conduct: Analysis of Michigan Paytel Joint Venture v. City of Detroit

Date: Apr 24, 2002

Affirming State Action Immunity for Municipal Anticompetitive Conduct: Analysis of Michigan Paytel Joint Venture v. City of Detroit Introduction The case of Michigan Paytel Joint Venture v. City of...

Proper Defendants in Federal Title VII Retaliation Claims: Insights from Mulhall v. Ashcroft

Date: Apr 24, 2002

Proper Defendants in Federal Title VII Retaliation Claims: Insights from Mulhall v. Ashcroft Introduction Mulhall v. Ashcroft, 287 F.3d 543 (6th Cir. 2002), is a pivotal case in the realm of...

Affirmation of Qualified Immunity and Exigent Circumstances in Police Conduct: Ewolski v. City of Brunswick

Date: Apr 19, 2002

Affirmation of Qualified Immunity and Exigent Circumstances in Police Conduct: Ewolski v. City of Brunswick Introduction Ewolski v. City of Brunswick (287 F.3d 492) is a pivotal case adjudicated by...

Cooey v. Coyle: Sixth Circuit Sets Precedent on Habeas Corpus and Certificates of Appealability under AEDPA

Date: Apr 17, 2002

Cooey v. Coyle: Sixth Circuit Sets Precedent on Habeas Corpus and Certificates of Appealability under AEDPA Introduction Richard Cooey, the petitioner-appellant, was involved in a heinous criminal...

Fort Knox National Bank v. Sallee: Clarifying Fiduciary Duties and Fraudulent Misrepresentation in Banking Relationships

Date: Apr 16, 2002

Fort Knox National Bank v. Sallee: Clarifying Fiduciary Duties and Fraudulent Misrepresentation in Banking Relationships Introduction In re Worth A. Sallee and Sandra M. Sallee, Debtors. This case,...

Effective Assistance of Counsel in Moss v. Hofbauer: A New Precedent

Date: Apr 13, 2002

Effective Assistance of Counsel in Moss v. Hofbauer: A New Precedent Introduction The case of Kim Moss v. Gerald Hofbauer, adjudicated by the United States Court of Appeals for the Sixth Circuit in...

Sixth Circuit Upholds Full Filing Fee Requirement under PLRA's Three-Strikes Provision

Date: Apr 12, 2002

Sixth Circuit Upholds Full Filing Fee Requirement under PLRA's Three-Strikes Provision Introduction In re Jacta Est ALEA, formerly known as Uriah Marquis Pasha, Petitioner (286 F.3d 378), is a...

Affirming Fourth Amendment Protections in Police Booking: Phelps v. Coy

Date: Apr 11, 2002

Affirming Fourth Amendment Protections in Police Booking: Phelps v. Coy Introduction The case of Glenn W. Phelps, Jr. v. Robert M. Coy, Jr. revolves around allegations of excessive force used by a...

Performance Improvement Plans Insufficient for Constructive Discharge Claims in Age Discrimination Litigation: Sixth Circuit in Agnew v. BASF

Date: Apr 11, 2002

Performance Improvement Plans Insufficient for Constructive Discharge Claims in Age Discrimination Litigation: Sixth Circuit in Agnew v. BASF Introduction In the case of Richard and Linda Agnew v....

Enforcement of Forum-Selection Clauses Under 28 U.S.C. §1404(a): An In-Depth Commentary on KEROB v. SOUTHWESTERN CLEAN FUELS, CORP.

Date: Apr 10, 2002

Enforcement of Forum-Selection Clauses Under 28 U.S.C. §1404(a): An In-Depth Commentary on KEROB v. SOUTHWESTERN CLEAN FUELS, CORP. Introduction The case Charles O. Kerobo; Clean Fuels of Michigan,...