6th Circuit Case Commentaries

ELCRA Pregnancy Discrimination: “Gender” Pleading Suffices (Pre-2023) and Denial of a Merit Raise Tied to Maternity Leave Supports Liability

Date: Jun 24, 2026

ELCRA Pregnancy Discrimination: “Gender” Pleading Suffices (Pre-2023) and Denial of a Merit Raise Tied to Maternity Leave Supports Liability I. Introduction Peng Guo v. Mich. Tech. Univ. (6th Cir....

Qualified Immunity in Welfare-Check Shootings Involving an Armed, Noncompliant Suicidal Subject—and the Bar on Introducing New State-Law Theories at Summary Judgment

Date: Jun 23, 2026

Qualified Immunity in Welfare-Check Shootings Involving an Armed, Noncompliant Suicidal Subject—and the Bar on Introducing New State-Law Theories at Summary Judgment Case: John Norman v. Joseph...

Article 13 “Age and Maturity” Defense: Particularized Child Objection, Reasons Immaterial, and “Undue Influence” as Part of the Factfinding

Date: Jun 23, 2026

Article 13 “Age and Maturity” Defense: Particularized Child Objection, Reasons Immaterial, and “Undue Influence” as Part of the Factfinding 1. Introduction Bismark Boa-Bonsu v. Deborah Owusu (Sixth...

Sixth Circuit: An ALJ May Discount a Consultative Mental-Health Opinion as “Unpersuasive” When It Relies Largely on Subjective Complaints and Conflicts with Largely Unremarkable Mental-Status Evidence, So Long as Supportability and Consistency Are Explained

Date: Jun 23, 2026

Sixth Circuit: An ALJ May Discount a Consultative Mental-Health Opinion as “Unpersuasive” When It Relies Largely on Subjective Complaints and Conflicts with Largely Unremarkable Mental-Status...

Ordinary Bureaucratic Delay and Discretionary Land-Use Approvals Do Not Create Due Process or Takings Liability; “Cat’s Paw” Does Not Substitute for Monell Policymaker Proof

Date: Jun 23, 2026

Ordinary Bureaucratic Delay and Discretionary Land-Use Approvals Do Not Create Due Process or Takings Liability; “Cat’s Paw” Does Not Substitute for Monell Policymaker Proof 1. Introduction In...

No Clearly Established Due-Process Bar to Familial, Non-Eyewitness Surveillance Identifications; Brady Materiality and Malicious-Prosecution Probable Cause Must Be Plausibly Shown

Date: Jun 22, 2026

No Clearly Established Due-Process Bar to Familial, Non-Eyewitness Surveillance Identifications; Brady Materiality and Malicious-Prosecution Probable Cause Must Be Plausibly Shown I. Introduction...

NetChoice, LLC v. Yost: No Third-Party Standing for Platforms to Litigate Minors’ Speech Rights; Ohio’s Parental-Consent Social-Media Contracting Law Survives Facial Strict-Scrutiny and Vagueness Attacks

Date: Jun 22, 2026

NetChoice, LLC v. Yost: No Third-Party Standing for Platforms to Litigate Minors’ Speech Rights; Ohio’s Parental-Consent Social-Media Contracting Law Survives Facial Strict-Scrutiny and Vagueness...

Baro v. Blanche: The BIA’s 30-Day Appeal Deadline Is Nonjurisdictional and Equitable-Tolling Decisions Receive Deferential Review

Date: Jun 18, 2026

Baro v. Blanche: The BIA’s 30-Day Appeal Deadline Is Nonjurisdictional and Equitable-Tolling Decisions Receive Deferential Review I. Introduction In Sona Baro v. Todd W. Blanche (6th Cir. June 16,...

Advice-of-Counsel Instruction Requires Full Disclosure of Compensation Structure in Anti-Kickback Cases (United States v. Samuel Harris)

Date: Jun 18, 2026

Advice-of-Counsel Instruction Requires Full Disclosure of Compensation Structure in Anti-Kickback Cases Case: United States v. Samuel Harris (No. 25-5540) Court: U.S. Court of Appeals for the Sixth...

FINRA’s Jurisdiction Over Unregistered “Control Persons” and Strict § 78y(c)(1) Exhaustion of Jarkesy-Based Jury-Trial Objections

Date: Jun 18, 2026

FINRA’s Jurisdiction Over Unregistered “Control Persons” and Strict § 78y(c)(1) Exhaustion of Jarkesy-Based Jury-Trial Objections Introduction In Eric Smith v. SEC (6th Cir. June 16, 2026), the Sixth...

RICO § 1965(b) “Ends of Justice” Requires More Than Convenience: Sixth Circuit Narrows Nationwide Service Over Non-Contact Defendants

Date: Jun 18, 2026

RICO § 1965(b) “Ends of Justice” Requires More Than Convenience: Sixth Circuit Narrows Nationwide Service Over Non-Contact Defendants 1. Introduction In Aaron Hall v. Trivest Partners, L.P. (6th Cir....

Admitting Patient-Death Evidence in “Pill Mill” Prosecutions Requires a Defendant-Specific Connection

Date: Jun 18, 2026

Admitting Patient-Death Evidence in “Pill Mill” Prosecutions Requires a Defendant-Specific Connection I. Introduction In United States v. Evann Herrell (6th Cir. June 16, 2026), the Sixth Circuit...

Conditional Admissibility of Patient-Death Evidence in Pill-Mill Prosecutions Requires a Defendant-Specific “Connectivity” Showing

Date: Jun 18, 2026

Conditional Admissibility of Patient-Death Evidence in Pill-Mill Prosecutions Requires a Defendant-Specific “Connectivity” Showing Case: United States of America v. Evann Herrell; Mark Grenkoski;...

United States v. Grenkoski: Overdose-Death Evidence in Pill-Mill Cases Requires a Defendant Nexus and Can Prove Subjective Knowledge

Date: Jun 17, 2026

United States v. Grenkoski: Overdose-Death Evidence in Pill-Mill Cases Requires a Defendant Nexus and Can Prove Subjective Knowledge I. Introduction In United States v. Mark Grenkoski (joint appeal...

Sixth Circuit Clarifies Admissibility of Patient-Death Evidence in Pill-Mill Prosecutions and Limits Reliance on Post-Conspiracy Regulatory Repeals

Date: Jun 17, 2026

Sixth Circuit Clarifies Admissibility of Patient-Death Evidence in Pill-Mill Prosecutions and Limits Reliance on Post-Conspiracy Regulatory Repeals I. Introduction United States v. Grenkoski (a...

Confrontation Clause as a Trial Right: No Standalone Pretrial Discovery Entitlement and Reasonable Rule 403 Limits on Bias Cross-Examination

Date: Jun 17, 2026

Confrontation Clause as a Trial Right: No Standalone Pretrial Discovery Entitlement and Reasonable Rule 403 Limits on Bias Cross-Examination I. Introduction In United States v. Quincy Marquice...

Reguli v. Hetzel (6th Cir. 2026): Immunity Shields Officials for Prosecution Based on an Unsettled Statute, and Monell Ratification Requires a Final Policymaker

Date: Jun 17, 2026

Reguli v. Hetzel (6th Cir. 2026): Immunity Shields Officials for Prosecution Based on an Unsettled Statute, and Monell Ratification Requires a Final Policymaker Case: Connie Reguli v. Tracy Hetzel...

Execution Sales Must Maximize Competition: All-or-Nothing Bid Floors and Information Asymmetry Require Setting Aside Judicial Auctions

Date: Jun 17, 2026

Execution Sales Must Maximize Competition: All-or-Nothing Bid Floors and Information Asymmetry Require Setting Aside Judicial Auctions I. Introduction Case: JPMorgan Chase Bank, N.A. v. Larry Winget...

United States v. Ricardo Delgado, II — Intent-to-Reoffend Statements and Intertwined Violence Evidence Are Admissible; Continuance Denials Require Specific Prejudice; Unstated Guidelines Range Is Harmless Absent a Different Outcome

Date: Jun 17, 2026

Intent-to-Reoffend Statements and Intertwined Violence Evidence Are Admissible; Continuance Denials Require Specific Prejudice; Unstated Guidelines Range Is Harmless Absent a Different Outcome...

Extraordinary Medical Condition Is Not Dispositive: Sixth Circuit Affirms Denial of Compassionate Release When § 3553(a) Factors Still Justify the Original Term

Date: Jun 17, 2026

Extraordinary Medical Condition Is Not Dispositive: Sixth Circuit Affirms Denial of Compassionate Release When § 3553(a) Factors Still Justify the Original Term I. Introduction In United States v....