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  • Commentaries
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6th Circuit Case Commentaries

Actual Knowledge, Imputed Corporate Awareness, and the “Single Scheme” Limitation on Civil RICO: A Commentary on Salamey v. Salami (Carter-Jones/Carter Lumber)

Actual Knowledge, Imputed Corporate Awareness, and the “Single Scheme” Limitation on Civil RICO: A Commentary on Salamey v. Salami (Carter-Jones/Carter Lumber)

Date: Dec 6, 2025
Actual Knowledge, Imputed Corporate Awareness, and the “Single Scheme” Limitation on Civil RICO: A Commentary on Salamey v. Salami (Carter-Jones/Carter Lumber) I. Introduction The Sixth Circuit’s...
Prosecutorial Liability for Advising on Unconstitutional Show‑Ups: A Commentary on Ramsey v. Rivard (Gaertner)

Prosecutorial Liability for Advising on Unconstitutional Show‑Ups: A Commentary on Ramsey v. Rivard (Gaertner)

Date: Dec 6, 2025
Prosecutorial Liability for Advising on Unconstitutional Show‑Ups: Ramsey v. Rivard (Gaertner) and the Boundaries of Absolute Immunity I. Introduction This commentary examines the Sixth Circuit’s...
Continuity of Drug Trafficking as Relevant Conduct and Firearm Enhancements in Federal Sentencing: Commentary on United States v. Atkins (6th Cir. 2025)

Continuity of Drug Trafficking as Relevant Conduct and Firearm Enhancements in Federal Sentencing: Commentary on United States v. Atkins (6th Cir. 2025)

Date: Dec 6, 2025
Continuity of Drug Trafficking as Relevant Conduct and Firearm Enhancements in Federal Sentencing: Commentary on United States v. Atkins (6th Cir. 2025) I. Introduction The Sixth Circuit’s...
United States v. Roper: Mental Illness as a Dual-Use Factor in Setting Lengthy Supervised Release Terms

United States v. Roper: Mental Illness as a Dual-Use Factor in Setting Lengthy Supervised Release Terms

Date: Dec 6, 2025
United States v. Roper: Mental Illness as a Dual-Use Factor in Setting Lengthy Supervised Release Terms I. Introduction In United States v. Gene Curtis Roper, No. 24-5834 (6th Cir. Dec. 4, 2025), the...
Clarifying the “Dangerousness” Standard for Felon Disarmament After Bruen: United States v. Foster (6th Cir. 2025)

Clarifying the “Dangerousness” Standard for Felon Disarmament After Bruen: United States v. Foster (6th Cir. 2025)

Date: Dec 5, 2025
Clarifying the “Dangerousness” Standard for Felon Disarmament After Bruen: United States v. Foster (6th Cir. 2025) I. Introduction The Sixth Circuit’s unpublished decision in United States v. Deaires...
Implied Participant Findings and Managerial-Role Enhancements Under U.S.S.G. § 3B1.1(b): Commentary on United States v. Wolf (6th Cir. 2025)

Implied Participant Findings and Managerial-Role Enhancements Under U.S.S.G. § 3B1.1(b): Commentary on United States v. Wolf (6th Cir. 2025)

Date: Dec 5, 2025
Implied Participant Findings and Managerial-Role Enhancements Under U.S.S.G. § 3B1.1(b): Commentary on United States v. Chad B. Wolf (6th Cir. Dec. 3, 2025) I. Introduction United States v. Wolf, No....
Reaffirming Limits on Career Offender Enhancements: United States v. Dailey and the Non‑Violent Status of Ohio Robbery Convictions Absent Specific Shepard Findings

Reaffirming Limits on Career Offender Enhancements: United States v. Dailey and the Non‑Violent Status of Ohio Robbery Convictions Absent Specific Shepard Findings

Date: Dec 5, 2025
Reaffirming Limits on Career Offender Enhancements: United States v. Dailey and the Non‑Violent Status of Ohio Robbery Convictions Absent Specific Shepard Findings 1. Introduction The Sixth Circuit’s...
United States v. Zamora: Limits on Judicial Duty to Inquire into Last‑Minute Motions to Substitute Counsel and to Remedy Presumption‑of‑Innocence Misstatements

United States v. Zamora: Limits on Judicial Duty to Inquire into Last‑Minute Motions to Substitute Counsel and to Remedy Presumption‑of‑Innocence Misstatements

Date: Dec 5, 2025
United States v. Zamora: Limits on Judicial Duty to Inquire into Last‑Minute Motions to Substitute Counsel and to Remedy Presumption‑of‑Innocence Misstatements I. Introduction The Sixth Circuit’s...
The BIA May Not Invent Extra‑Regulatory Filing Requirements: Commentary on Pineda-Guerra v. Bondi

The BIA May Not Invent Extra‑Regulatory Filing Requirements: Commentary on Pineda-Guerra v. Bondi

Date: Dec 5, 2025
The BIA May Not Invent Extra‑Regulatory Filing Requirements: A Detailed Commentary on Pineda-Guerra v. Bondi (6th Cir. 2025) I. Introduction In Nery Maricela Pineda-Guerra v. Pamela Bondi, No....
Brekelmans v. Salas: Finality, Certification, and Appellate Jurisdiction in Bankruptcy Appeals

Brekelmans v. Salas: Finality, Certification, and Appellate Jurisdiction in Bankruptcy Appeals

Date: Dec 5, 2025
Brekelmans v. Salas: Finality, Certification, and Appellate Jurisdiction in Bankruptcy Appeals I. Introduction The Sixth Circuit's decision in Nicolaas Brekelmans v. Max Salas (arising out of In re:...
Pleading Federal Claims and Waiving Removal Defects: Commentary on Sean Murphy v. Brixworth Homeowners Ass’n, Inc.

Pleading Federal Claims and Waiving Removal Defects: Commentary on Sean Murphy v. Brixworth Homeowners Ass’n, Inc.

Date: Dec 4, 2025
Pleading Federal Claims and Waiving Removal Defects: Commentary on Sean Murphy v. Brixworth Homeowners Ass’n, Inc. I. Introduction The Sixth Circuit’s unpublished opinion in Sean Murphy v. Brixworth...
Aggregate Hardship, Exhaustion, and the High Bar for Non‑LPR Cancellation: Commentary on Pablo‑Ventura v. Bondi (6th Cir. 2025)

Aggregate Hardship, Exhaustion, and the High Bar for Non‑LPR Cancellation: Commentary on Pablo‑Ventura v. Bondi (6th Cir. 2025)

Date: Dec 4, 2025
Aggregate Hardship, Exhaustion, and the High Bar for Non‑LPR Cancellation: Commentary on Antonio Pablo‑Ventura v. Bondi (6th Cir. 2025) I. Introduction The Sixth Circuit’s unpublished decision in...
Complete ERISA Preemption of State-Law Reimbursement and Fraud Claims: Commentary on Patterson v. UnitedHealth Group, Inc. (6th Cir. 2025)

Complete ERISA Preemption of State-Law Reimbursement and Fraud Claims: Commentary on Patterson v. UnitedHealth Group, Inc. (6th Cir. 2025)

Date: Dec 4, 2025
Complete ERISA Preemption of State-Law Reimbursement and Fraud Claims A Detailed Commentary on Eric L. Patterson v. UnitedHealth Group, Inc., et al., No. 25-3175 (6th Cir. Dec. 2, 2025) I....
Gender‑and‑Nationality Groups as Particular Social Groups After Cristales‑de Linares v. Bondi

Gender‑and‑Nationality Groups as Particular Social Groups After Cristales‑de Linares v. Bondi

Date: Dec 4, 2025
Gender‑and‑Nationality Groups as Particular Social Groups After Cristales‑de Linares v. Bondi Introduction The Sixth Circuit’s published decision in Elizabeth Cristales‑de Linares v. Bondi, No....
Civil Contempt, “Timely” Compliance, and Strategic Withholding of Bargaining Information: Commentary on Rieth-Riley Construction Co. v. NLRB (6th Cir. 2025)

Civil Contempt, “Timely” Compliance, and Strategic Withholding of Bargaining Information: Commentary on Rieth-Riley Construction Co. v. NLRB (6th Cir. 2025)

Date: Dec 2, 2025
Civil Contempt, “Timely” Compliance, and Strategic Withholding of Bargaining Information: Commentary on Rieth-Riley Construction Co. v. NLRB (6th Cir. 2025) I. Introduction This commentary analyzes...
Timely Compliance with NLRB Information Orders and the Limits of the Technical Refusal-to-Bargain Defense: Commentary on Rieth-Riley Constr. Co. v. NLRB (6th Cir. 2025)

Timely Compliance with NLRB Information Orders and the Limits of the Technical Refusal-to-Bargain Defense: Commentary on Rieth-Riley Constr. Co. v. NLRB (6th Cir. 2025)

Date: Dec 2, 2025
Timely Compliance with NLRB Information Orders and the Limits of the Technical Refusal-to-Bargain Defense Commentary on Rieth-Riley Construction Co., Inc. v. NLRB, U.S. Court of Appeals for the Sixth...
Speech vs. Disruptive Conduct at Public Meetings: The Sixth Circuit’s Framework in Frenchko v. Monroe

Speech vs. Disruptive Conduct at Public Meetings: The Sixth Circuit’s Framework in Frenchko v. Monroe

Date: Dec 2, 2025
Speech vs. Disruptive Conduct at Public Meetings: The Sixth Circuit’s Framework in Frenchko v. Monroe I. Introduction In Niki Frenchko v. Paul Monroe, No. 24-3116 (6th Cir. Nov. 26, 2025), the United...
Accrual and Tolling of §1983 Procedural Due Process Claims in Public Employment:
    Commentary on Bozzo v. Nanasy (6th Cir. 2025)

Accrual and Tolling of §1983 Procedural Due Process Claims in Public Employment: Commentary on Bozzo v. Nanasy (6th Cir. 2025)

Date: Dec 2, 2025
Accrual and Tolling of §1983 Procedural Due Process Claims in Public Employment: Commentary on Bozzo v. Nanasy (6th Cir. 2025) Introduction Charles Bozzo v. Jennifer Nanasy, decided by the U.S. Court...
Excessive Force in Medical Emergencies and Post‑Hoc Ratification: Commentary on Miles Guptill v. City of Chattanooga

Excessive Force in Medical Emergencies and Post‑Hoc Ratification: Commentary on Miles Guptill v. City of Chattanooga

Date: Dec 2, 2025
Excessive Force in Medical Emergencies and Post‑Hoc Ratification: Commentary on Miles Guptill v. City of Chattanooga I. Introduction The Sixth Circuit’s published decision in Miles Guptill v. City of...
Speculation Cannot Rebut the Grand Jury Presumption of Probable Cause: Commentary on Dibrell v. Rex (6th Cir. 2025)

Speculation Cannot Rebut the Grand Jury Presumption of Probable Cause: Commentary on Dibrell v. Rex (6th Cir. 2025)

Date: Nov 30, 2025
Speculation Cannot Rebut the Grand Jury Presumption of Probable Cause: A Commentary on Calvin Lyndell Dibrell v. Rex (6th Cir. Nov. 25, 2025) I. Introduction The Sixth Circuit’s unpublished opinion...
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