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  • Commentaries
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6th Circuit Case Commentaries

Speculative “Diversion of Resources” Is Not Enough: Sixth Circuit Reaffirms “Certainly Impending” Injury Requirement for Organizational Standing in NVRA Injunction Suits

Speculative “Diversion of Resources” Is Not Enough: Sixth Circuit Reaffirms “Certainly Impending” Injury Requirement for Organizational Standing in NVRA Injunction Suits

Date: Sep 26, 2025
Speculative “Diversion of Resources” Is Not Enough: Sixth Circuit Reaffirms “Certainly Impending” Injury Requirement for Organizational Standing in NVRA Injunction Suits Introduction In RNC v....
Objective Harmless-Error Review of ACCA “Different Occasions” Post‑Erlinger: Unrebutted PSRs and Months‑Long Gaps Sustain Enhancements — United States v. Ballinger (6th Cir. 2025)

Objective Harmless-Error Review of ACCA “Different Occasions” Post‑Erlinger: Unrebutted PSRs and Months‑Long Gaps Sustain Enhancements — United States v. Ballinger (6th Cir. 2025)

Date: Sep 25, 2025
Objective Harmless-Error Review of ACCA “Different Occasions” Post‑Erlinger: Unrebutted PSRs and Months‑Long Gaps Sustain Enhancements — United States v. Ballinger (6th Cir. 2025) Introduction United...
Unrelated Questioning After Mission Tasks Are Complete Unlawfully Prolongs Traffic Stop and Taints Consent: Sixth Circuit in United States v. Moffitt

Unrelated Questioning After Mission Tasks Are Complete Unlawfully Prolongs Traffic Stop and Taints Consent: Sixth Circuit in United States v. Moffitt

Date: Sep 25, 2025
Unrelated Questioning After Mission Tasks Are Complete Unlawfully Prolongs Traffic Stop and Taints Consent: Sixth Circuit in United States v. Moffitt Introduction In United States v. Frankie L....
Information Control and Intangible Benefits Can Prove Leadership; Dangerousness-Based Disarmament Defeats § 922(g)(1) Challenges

Information Control and Intangible Benefits Can Prove Leadership; Dangerousness-Based Disarmament Defeats § 922(g)(1) Challenges

Date: Sep 24, 2025
Information Control and Intangible Benefits Can Prove Leadership; Dangerousness-Based Disarmament Defeats § 922(g)(1) Challenges Case: United States v. Avis Damone Coward (No. 24-1885) Court: United...
Federal Definition of “Conviction” Controls § 2251(e); § 2260A’s Ten-Year Consecutive Term Stacks Without Double-Jeopardy Violation; Rule 413 Reaches Enticement Attempts — Commentary on United States v. Baker (6th Cir. 2025)

Federal Definition of “Conviction” Controls § 2251(e); § 2260A’s Ten-Year Consecutive Term Stacks Without Double-Jeopardy Violation; Rule 413 Reaches Enticement Attempts — Commentary on United States v. Baker (6th Cir. 2025)

Date: Sep 13, 2025
Federal Definition of “Conviction” Controls § 2251(e); § 2260A’s Ten-Year Consecutive Term Stacks Without Double-Jeopardy Violation; Rule 413 Reaches Enticement Attempts — Commentary on United States...
Sixth Circuit: Four-Month Gap and a Conflated OCRC Probable-Cause Letter Are Insufficient to Prove Causation in Title VII Retaliation

Sixth Circuit: Four-Month Gap and a Conflated OCRC Probable-Cause Letter Are Insufficient to Prove Causation in Title VII Retaliation

Date: Sep 13, 2025
Sixth Circuit: Four-Month Gap and a Conflated OCRC Probable-Cause Letter Are Insufficient to Prove Causation in Title VII Retaliation Introduction In Theresa A. Kovacs v. University of Toledo, No....
Post-Muldrow in the Sixth Circuit: “Some Harm” Suffices for Title VII Discrimination, But Profane “Employee Beef” on Social Media Is Not Protected Speech

Post-Muldrow in the Sixth Circuit: “Some Harm” Suffices for Title VII Discrimination, But Profane “Employee Beef” on Social Media Is Not Protected Speech

Date: Sep 13, 2025
Post-Muldrow in the Sixth Circuit: “Some Harm” Suffices for Title VII Discrimination, But Profane “Employee Beef” on Social Media Is Not Protected Speech Introduction This published decision from the...
No-Notice Upward Variances and Restitution-Repayment Conditions: Sixth Circuit Affirms Robust Sentencing Discretion in United States v. Radovic et al.

No-Notice Upward Variances and Restitution-Repayment Conditions: Sixth Circuit Affirms Robust Sentencing Discretion in United States v. Radovic et al.

Date: Sep 12, 2025
No-Notice Upward Variances and Restitution-Repayment Conditions: Sixth Circuit Affirms Robust Sentencing Discretion in United States v. Radovic et al. Introduction In this consolidated,...
United States v. Kahook (6th Cir. 2025): Sixth Circuit Affirms Authority to Require Supervised-Release Payments Toward Prior Restitution and Upholds Significant Upward Variances for Recidivism and Unaccounted Conduct

United States v. Kahook (6th Cir. 2025): Sixth Circuit Affirms Authority to Require Supervised-Release Payments Toward Prior Restitution and Upholds Significant Upward Variances for Recidivism and Unaccounted Conduct

Date: Sep 12, 2025
United States v. Kahook (6th Cir. 2025): Sixth Circuit Affirms Authority to Require Supervised-Release Payments Toward Prior Restitution and Upholds Significant Upward Variances for Recidivism and...
No-Notice Upward Variances and Supervised-Release Repayment of Prior Restitution: Sixth Circuit’s Consolidated Guidance in United States v. Idris Jackson

No-Notice Upward Variances and Supervised-Release Repayment of Prior Restitution: Sixth Circuit’s Consolidated Guidance in United States v. Idris Jackson

Date: Sep 12, 2025
No-Notice Upward Variances and Supervised-Release Repayment of Prior Restitution: Sixth Circuit’s Consolidated Guidance in United States v. Idris Jackson Introduction In this nonprecedential but...
Beyond the “Heartland”: Sixth Circuit Affirms Robust Discretion for Upward Variances, Upholds §2D1.1(b)(13) “Fake Percs” Enhancement, and Permits Supervised-Release Payment of Prior Restitution

Beyond the “Heartland”: Sixth Circuit Affirms Robust Discretion for Upward Variances, Upholds §2D1.1(b)(13) “Fake Percs” Enhancement, and Permits Supervised-Release Payment of Prior Restitution

Date: Sep 12, 2025
Beyond the “Heartland”: Sixth Circuit Affirms Robust Discretion for Upward Variances, Upholds §2D1.1(b)(13) “Fake Percs” Enhancement, and Permits Supervised-Release Payment of Prior Restitution...
Using Supervised Release to Enforce Prior Restitution and Clarifying the Fentanyl “Misrepresentation” Enhancement: Commentary on United States v. Algyn Kerney (6th Cir. 2025)

Using Supervised Release to Enforce Prior Restitution and Clarifying the Fentanyl “Misrepresentation” Enhancement: Commentary on United States v. Algyn Kerney (6th Cir. 2025)

Date: Sep 12, 2025
Using Supervised Release to Enforce Prior Restitution and Clarifying the Fentanyl “Misrepresentation” Enhancement: Commentary on United States v. Algyn Kerney (6th Cir. 2025) Introduction In this...
No Notice Needed for Upward Variances; Counterfeit‑Pill Enhancement and Prior‑Restitution Payment Condition Upheld — United States v. Sanders et al. (6th Cir. 2025)

No Notice Needed for Upward Variances; Counterfeit‑Pill Enhancement and Prior‑Restitution Payment Condition Upheld — United States v. Sanders et al. (6th Cir. 2025)

Date: Sep 12, 2025
No Notice Needed for Upward Variances; Counterfeit‑Pill Enhancement and Prior‑Restitution Payment Condition Upheld — United States v. Sanders et al. (6th Cir. 2025) Court: U.S. Court of Appeals for...
Feagin v. Mansfield Police Department: Sixth Circuit Clarifies Post-Barnes Temporal Scope for Use-of-Force Analysis and Confirms Robust Appellate Reliance on Video in Qualified Immunity Appeals

Feagin v. Mansfield Police Department: Sixth Circuit Clarifies Post-Barnes Temporal Scope for Use-of-Force Analysis and Confirms Robust Appellate Reliance on Video in Qualified Immunity Appeals

Date: Sep 12, 2025
After Barnes, Consider All Proximate Pre-Force Events: Sixth Circuit Clarifies Temporal Scope and Confirms Appellate Reliance on Video in Qualified Immunity Appeals Introduction In Ulysses Feagin v....
Sixth Circuit: Employees Must Give “Reasonably Specific” Notice of Religious Conflicts; Safety Risks and Testing Logistics Can Create Title VII Undue Hardship

Sixth Circuit: Employees Must Give “Reasonably Specific” Notice of Religious Conflicts; Safety Risks and Testing Logistics Can Create Title VII Undue Hardship

Date: Sep 12, 2025
Sixth Circuit: Employees Must Give “Reasonably Specific” Notice of Religious Conflicts; Safety Risks and Testing Logistics Can Create Title VII Undue Hardship Introduction In Christina Henry v....
No Pendent Review of Contract Formation and Merits-First Litigation Defaults Arbitration Rights: Sixth Circuit Clarifies FAA §16(a) Scope and §3 “Default” in Schnatter v. 247 Group

No Pendent Review of Contract Formation and Merits-First Litigation Defaults Arbitration Rights: Sixth Circuit Clarifies FAA §16(a) Scope and §3 “Default” in Schnatter v. 247 Group

Date: Sep 11, 2025
No Pendent Review of Contract Formation and Merits-First Litigation Defaults Arbitration Rights: Sixth Circuit Clarifies FAA §16(a) Scope and §3 “Default” in Schnatter v. 247 Group Introduction In a...
“Children” Means Under 18 for § 2251(e), and § 3283’s Child‑Abuse Limitations Apply to Mann Act § 2421: Commentary on United States v. Deakins (6th Cir. 2025)

“Children” Means Under 18 for § 2251(e), and § 3283’s Child‑Abuse Limitations Apply to Mann Act § 2421: Commentary on United States v. Deakins (6th Cir. 2025)

Date: Sep 11, 2025
“Children” Means Under 18 for § 2251(e), and § 3283’s Child‑Abuse Limitations Apply to Mann Act § 2421: Commentary on United States v. Deakins (6th Cir. 2025) Introduction In United States v....
Sixth Circuit Holds First Step Act Time Credits Cannot Reduce Supervised Release; Habeas Challenges Become Moot Upon Release

Sixth Circuit Holds First Step Act Time Credits Cannot Reduce Supervised Release; Habeas Challenges Become Moot Upon Release

Date: Sep 11, 2025
Sixth Circuit Holds First Step Act Time Credits Cannot Reduce Supervised Release; Habeas Challenges Become Moot Upon Release Case: Terrell Anthony Hargrove v. Ian Healy, No. 24-3809 (6th Cir. Sept....
Sixth Circuit Clarifies Rule 801(d)(2)(D): HR Employees Who Merely Deliver Termination Decisions Are Not Opposing-Party Declarants

Sixth Circuit Clarifies Rule 801(d)(2)(D): HR Employees Who Merely Deliver Termination Decisions Are Not Opposing-Party Declarants

Date: Sep 11, 2025
Sixth Circuit Clarifies Rule 801(d)(2)(D): HR Employees Who Merely Deliver Termination Decisions Are Not Opposing-Party Declarants Introduction In Pearlie R. Hill v. TK Elevator Manufacturing, Inc.,...
Title VII Retaliation After a Sexual-Assault Report: Sixth Circuit Requires Proof of a Reasonable, Good‑Faith Belief in Nonconsent; Intrinsic Consent Evidence Not Barred by Rule 412

Title VII Retaliation After a Sexual-Assault Report: Sixth Circuit Requires Proof of a Reasonable, Good‑Faith Belief in Nonconsent; Intrinsic Consent Evidence Not Barred by Rule 412

Date: Sep 11, 2025
Title VII Retaliation After a Sexual-Assault Report: Sixth Circuit Requires Proof of a Reasonable, Good‑Faith Belief in Nonconsent; Intrinsic Consent Evidence Not Barred by Rule 412 Case: Samantha...
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