Settlement Releases Waive Only Vicarious “Pass-Through” Claims—Independent Inspection-Duty Claims Against a Non-Settling Party Survive Case: Bizzack Constr., LLC v. TRC Eng'rs, Inc. (6th Cir. July...
Sixth Circuit Requires Apparent Aggregate-Risk Analysis for CAT Claims and Adequate Explanation for Inconsistent Expert-Qualification Rulings I. Introduction In Maher Sabri Hanna v. Todd W. Blanche,...
Overbreadth Without Prejudice: Two-Step Digital Warrants and Mandatory Consideration of Acquitted-Conduct Objections at Sentencing (Sixth Circuit) Case: United States v. Martin Murff (consolidated...
Recruitment Travel Can Satisfy § 2421 “Dominant Purpose” Intent; Firearms, Isolation, and Threat Displays Establish § 1591 Coercion I. Introduction In United States v. Portier Govan (6th Cir. July...
Independent Non-Retaliatory Basis Rule: Unauthorized Coworker Recording Defeats Title VII/§ 1981 Retaliation at Pretext I. Introduction In Dennis Loggins v. Costco Wholesale Corporation (6th Cir....
Indictment Notice for Wire Fraud May Rely on Incorporation-by-Reference Plus Transaction Charts; Written Plea Addenda Can Supply Rule 11 Factual Bases 1. Introduction In United States v. Paul Spivak...
Outstanding Warrants and Provoked Flight Do Not Eliminate Fourth Amendment Protection Against Unreasonable Seizures 1. Introduction Brian Eugene Hux v. Randall Williams (Sixth Circuit, July 22, 2026)...
Dangerousness as the Controlling Test for As-Applied Bruen Challenges to 18 U.S.C. § 922(g)(1) on Plain-Error Review Case: United States v. Mykael Lee Booker (6th Cir. July 22, 2026) (unpublished)...
Sixth Circuit Limits Suppression for “Step-One” Overbreadth in Two-Step Digital Warrants Absent Identifiable Prejudicial Seizure; Requires Sentencing Courts to Address Acquitted-Conduct Guideline...
Newson v. NYX, LLC: Ongoing Pre-Complaint Conduct Defeats Retaliation Causation Absent Escalation, and New Theories Cannot Be Raised at Summary Judgment 1. Introduction In Darin Newson v. NYX, LLC...
Reimposed Special Conditions at Revocation Must Be Justified “In Open Court”: United States v. Troutman (6th Cir. 2026) I. Introduction In United States v. David Troutman, the Sixth Circuit reviewed...
Foreseeability—Not “Special Relationship”—Controls Suicide Proximate Cause Under Tennessee Law, and Spoliation Suspicion Alone Cannot Defeat Summary Judgment I. Introduction In Tiffany Barringer v....
Indictment Notice via Incorporation-by-Reference and Post-Ciminelli Wire-Fraud Sufficiency for Stock-Manipulation Schemes Case: United States v. Paul Spivak (6th Cir. July 22, 2026) (not recommended...
Repeated Nonappearance at Court-Mandated Conferences Supports Rule 41(b) Dismissal with Prejudice; Email/Notice Mismanagement Is Not “Excusable Neglect” Under Rule 6(b) 1. Introduction In Estate of...
Procedural Sentencing Error After the Acquitted-Conduct Guideline Amendment: Courts Must Address a Defendant’s Nonfrivolous Objection to a § 2D1.1(b)(1) Firearm Enhancement I. Introduction United...
Unpublished Sixth Circuit: Stroke Misdiagnosis, “More Than Negligence,” and Reasonable Deference to Jail Medical Staff Defeat Fourteenth Amendment Deliberate-Indifference Claims 1. Introduction In...
Harmless Drug-Quantity Disputes and Sufficient Explanation for Rejecting Methamphetamine “Ice” Policy Variances in Within-Guidelines Sentencing I. Introduction In United States v. Jason Demyers (6th...
Force-to-Handcuff After a Prolonged Chase: “Active Resistance” and Full-Context Reasonableness Defeat Excessive-Force Claims (and Experts Cannot Opine on Constitutionality) Case: Jared Kennedy v....
Article III Standing Bars Mandamus/APA Suits Seeking to Compel HHS Enforcement of the ACA Provider Nondiscrimination Provision Absent Non-Speculative Causation and Redressability Introduction In Am....
Objective, Committee-Based Justification Suffices for ADA Fitness-for-Duty Exams in Patient-Safety Roles I. Introduction In Joseph Christophe Isaac Robitaille v. Trinity Health Grand Rapids, the...