6th Circuit Case Commentaries

Uncorroborated, Out-of-Court Co‑Conspirator Statements in a PSR Cannot Sustain Drug-Quantity Findings; Remand Limited to Existing Record

Date: Jan 21, 2026

Uncorroborated, Out-of-Court Co‑Conspirator Statements in a PSR Cannot Sustain Drug-Quantity Findings; Remand Limited to Existing Record Case: United States v. Jimmy Crafton, Jr. (consolidated with...

United States v. Hawkins: Uncorroborated PSR-Relayed Co-Conspirator Statements Cannot Support Drug-Quantity Findings

Date: Jan 21, 2026

Uncorroborated PSR-Relayed Co-Conspirator Statements Cannot Support Drug-Quantity Findings for Sentencing Case: United States v. Julianna Jenkins Hawkins (consolidated with Jimmy Crafton, Jr.) Court:...

Title IX Athletics (Third Prong): “Interest and Ability” Must Be Demonstrated by Extant, Objective Evidence—Anonymous Self-Reports Alone Do Not Show a Viable Division I Team

Date: Jan 21, 2026

Title IX Athletics (Third Prong): “Interest and Ability” Must Be Demonstrated by Extant, Objective Evidence—Anonymous Self-Reports Alone Do Not Show a Viable Division I Team Case: Elizabeth Niblock...

“No Request, Minimal Possessory Interest”: Reasonable Extended Seizure of Cellphones Pending Warrant and No Rule 32 Violation Where Victim Letters Are Cumulative of the PSR

Date: Jan 18, 2026

“No Request, Minimal Possessory Interest”: Reasonable Extended Seizure of Cellphones Pending Warrant and No Rule 32 Violation Where Victim Letters Are Cumulative of the PSR Case: United States v....

When Replacement Evidence Is Absent, Comparator Proof Must Be Concrete—Conclusory Comparator Testimony and Plaintiff Admissions Defeat Discrimination and Hostile-Environment Claims at Summary Judgment

Date: Jan 18, 2026

When Replacement Evidence Is Absent, Comparator Proof Must Be Concrete—Conclusory Comparator Testimony and Plaintiff Admissions Defeat Discrimination and Hostile-Environment Claims at Summary...

Invited-Error Forecloses Wooden/Erlinger “Separate Occasions” Instruction Challenges; Pacing-Based Stops and Plain-View Firearms Support Warrants

Date: Jan 17, 2026

Invited-Error Forecloses Wooden/Erlinger “Separate Occasions” Instruction Challenges; Pacing-Based Stops and Plain-View Firearms Support Warrants I. Introduction United States v. Tommie Conner (Sixth...

Boyd v. Northern Biomedical Research: Michigan Closely Held Corporate Fiduciary Candor Requires Disclosure of Facts That “May Influence” Shareholder Action (Not Federal TSC Materiality)

Date: Jan 17, 2026

Boyd v. Northern Biomedical Research: Michigan Closely Held Corporate Fiduciary Candor Requires Disclosure of Facts That “May Influence” Shareholder Action (Not Federal TSC Materiality) 1....

No Plain Error from Silence on Anticipated State Concurrency (Absent Request) and No Guidelines Recalculation Required When Statutory Maximum Falls Within the Range

Date: Jan 17, 2026

No Plain Error from Silence on Anticipated State Concurrency (Absent Request) and No Guidelines Recalculation Required When Statutory Maximum Falls Within the Range Case: United States v. Eric Kelsey...

Sixth Circuit: Comparator/Replacement Proof and Proper Appellate Briefing Are Threshold Requirements for § 1983/ELCRA Employment Claims at Summary Judgment

Date: Jan 16, 2026

Sixth Circuit: Comparator/Replacement Proof and Proper Appellate Briefing Are Threshold Requirements for § 1983/ELCRA Employment Claims at Summary Judgment I. Introduction In Carlotta Collins v. City...

Fraud-on-the-Court Liability in Bankruptcy Is Limited to Court Officers; Vacatur of Orders for Trustee Misconduct Does Not Automatically Unwind Authorized Transfers

Date: Jan 16, 2026

Fraud-on-the-Court Liability in Bankruptcy Is Limited to Court Officers; Vacatur of Orders for Trustee Misconduct Does Not Automatically Unwind Authorized Transfers I. Introduction Case: Guy Vining...

§ 1983 Malicious Prosecution Probable Cause Turns on Preliminary-Exam Proof; Fabricated Jailhouse-Informant Evidence Defeats Qualified Immunity

Date: Jan 16, 2026

§ 1983 Malicious Prosecution Probable Cause Turns on Preliminary-Exam Proof; Fabricated Jailhouse-Informant Evidence Defeats Qualified Immunity Case: Lacino Hamilton v. James Fleming Court: United...

Accrual of § 1983 Speech-Retaliation Claims: Termination Starts the Clock Despite Later-Discovered “First Amendment Assessment”

Date: Jan 16, 2026

Accrual of § 1983 Speech-Retaliation Claims: Termination Starts the Clock Despite Later-Discovered “First Amendment Assessment” Case: William Shelton v. CMHA (Cuyahoga Metropolitan Housing Authority)...

Safety-Risk Limitation on ADA “De-escalation” Accommodations During Police Detentions, and Probable-Cause/Force Standards for Mental-Health Seizures

Date: Jan 15, 2026

Safety-Risk Limitation on ADA “De-escalation” Accommodations During Police Detentions, and Probable-Cause/Force Standards for Mental-Health Seizures Case: Brandi Booth v. Jonathan Lazzara, DO (with...

Declaratory Fair-Use Claims Cannot Manufacture Federal Copyright Jurisdiction from a State Open-Records Dispute

Date: Jan 15, 2026

Declaratory Fair-Use Claims Cannot Manufacture Federal Copyright Jurisdiction from a State Open-Records Dispute Case: Miranda Stovall v. Jefferson Cnty. Bd. of Educ. (6th Cir. Jan. 14, 2026) (Sutton,...

Ohio Legal-Malpractice Accrual: An Opponent’s Affirmative Defense Is Not a “Cognizable Event” When the Client Reasonably Relies on Counsel’s Contrary Assurances

Date: Jan 15, 2026

Ohio Legal-Malpractice Accrual: An Opponent’s Affirmative Defense Is Not a “Cognizable Event” When the Client Reasonably Relies on Counsel’s Contrary Assurances I. Introduction In Stacy Cales v....

Joint Task-Force Detentions Are “Under Color of Federal Law,” and Airport Seizures Present a New Bivens Context

Date: Jan 15, 2026

Joint Task-Force Detentions Are “Under Color of Federal Law,” and Airport Seizures Present a New Bivens Context Case: Brian Benderoff v. Erik Johansen, et al. (6th Cir. Jan. 13, 2026) Court: United...

Illinois Brick Extended to Indirect Sellers: Sixth Circuit Bars Upstream Supplier Standing in a Monopsony/Group-Boycott Setting

Date: Jan 15, 2026

Illinois Brick Extended to Indirect Sellers: Sixth Circuit Bars Upstream Supplier Standing in a Monopsony/Group-Boycott Setting Case: Academy of Allergy & Asthma v. Amerigroup Tennessee, Inc., No....

“Fully Covered” Assurances Do Not Override Unambiguous Code-Compliance Sub-Limits Absent a Harts Special Relationship and Reasonable, Actual Reliance

Date: Jan 15, 2026

“Fully Covered” Assurances Do Not Override Unambiguous Code-Compliance Sub-Limits Absent a Harts Special Relationship and Reasonable, Actual Reliance Case: Piatt Lake Bible Conf. Ass'n v. Church Mut....

Express Concession at Sentencing Waives Appellate Review of Relevant-Conduct Challenges in Guideline Drug Cases

Date: Jan 15, 2026

Express Concession at Sentencing Waives Appellate Review of Relevant-Conduct Challenges in Guideline Drug Cases Case: United States v. Davaughn Ellis West (6th Cir. Jan. 13, 2026) (unpublished) Court...

No Waiver of Plea-Withdrawal Review Absent a Court Invitation to Renew; Summary Denial Permissible When the Record Defeats the Bashara Factors

Date: Jan 15, 2026

No Waiver of Plea-Withdrawal Review Absent a Court Invitation to Renew; Summary Denial Permissible When the Record Defeats the Bashara Factors Case: United States v. Trent Carey (6th Cir. Jan. 13,...