Administrative-Agent Standing Without a Financial Stake; Judicial Sales Must Maximize Competition I. Introduction Case: JPMorgan Chase Bank, N.A. v. Larry Winget (Sixth Circuit, 2026-06-15). Parties:...
Ahmed v. Hamtramck Public Schools: Pleading-Stage Rules for Futility—Paid Administrative Leave Can Be an Adverse Action for FMLA Retaliation and Title IX Employment Discrimination (Post-Muldrow) I....
Sixth Circuit Clarifies Confrontation Limits for Data-Driven Expert Testimony in Healthcare-Fraud Prosecutions I. Introduction In United States v. Kindy Ghussin (Nos. 25-1056/1099/1104/1157/1353, 6th...
Independent Expert Interpretation of Fraud Analytics Does Not Trigger Confrontation Rights Absent Relayed Testimonial Hearsay I. Introduction United States v. Ali Abdelrazzaq (6th Cir. June 12, 2026)...
Sixth Circuit: Confrontation Clause Permits Expert’s Independent Interpretation of Team-Processed Data (No Right to Cross-Examine Data Validators) Introduction United States v. Raef Hamaed (6th Cir....
Independent Expert Interpretation of Third-Party-Processed Data Does Not Violate the Confrontation Clause (Sixth Cir.) I. Introduction In United States v. Raef Hamaed (6th Cir. June 12, 2026)...
Independent Expert Interpretation of Third-Party Verified Data Does Not Trigger the Confrontation Clause Case: United States v. Tarek Fakhuri (with consolidated appeals of Hamaed, Ghussin,...
Torres Limits “Missed-Shot” Seizure: No Fourth Amendment Seizure Without Physical Contact or Actual Control Over a Fleeing Suspect Introduction In Jamal Ward v. Charles Brotzke (6th Cir. June 12,...
Westfall Act Immunity Is Claim-by-Claim (Not Suit-Wide) and Civil Fifth-Amendment Silence May Support Adverse Inferences in Scope-of-Employment Hearings I. Introduction Trey Cholewa v. United States...
Pre-Chiaverini Qualified Immunity in the Sixth Circuit: If Any One Charge Had Probable Cause, a § 1983 Malicious-Prosecution Claim Fails 1. Introduction In Phillip Atsas v. Matthew Bowen (6th Cir....
Dodaj v. Blanche: Discretionary Reweighing Is Unreviewable and Unappealed Removability Is Waived I. Introduction In Leke Dodaj v. Todd W. Blanche, Acting U.S. Attorney General (6th Cir. June 8,...
Post-Judgment Pleading Lock-In: Rule 59(e) Is Not a Do-Over, and Rule 15 Amendment Requires First Reopening the Judgment 1. Introduction In Jimmy Bryson; LaTonya Bryson v. Specialized Loan Servicing,...
Section 115 “True Threats” After Counterman: Specific Intent to Intimidate or Retaliate Satisfies the Constitution; “Consciously Disregarded a Substantial Risk” Instruction Not Plain Error I....
Title VII: No Pretext Where Employer’s Conduct-Based Rationale Is Consistent; Retaliation Claim Barred Absent a Proper EEOC Charge I. Introduction In Renete Barnett-Morgan v. Inverness Techs., Inc....
Corroborated Testimony and Digital/Forensic Evidence Suffice to Prove § 841 “Distribution Resulting in Death” I. Introduction In United States v. Melvin Lamar Triplett (6th Cir. June 8, 2026)...
Extending the Heckler’s Veto Doctrine to School-Board Limited Public Forums I. Introduction Darbi Boddy v. Mary Grech (Sixth Cir. June 10, 2026) arises from a public-comment period at a Xenia...
Rule 9(b) Pleading Defects Establish Fraudulent Joinder, and Ohio’s Uniform Fiduciary Act Shields Banks Absent “Actual Knowledge” or “Bad Faith” Case: Vivy Voutsiotis v. PNC Bank, NA (6th Cir. June...
Dodaj v. Blanche (6th Cir. 2026): No Duty for the BIA to Revisit Unappealed Removability, and No Judicial Review of Pure Discretionary Reweighing in Cancellation Introduction In Leke Dodaj v. Todd W....
Conditional Habeas Writs: “No Utilizing” an Identification Bars Implicit In‑Court Identification at Retrial; Jurisdiction Persists Absent Clear Vacatur, and CVRA Rights Must Be Asserted by the Victim...
High Dissimilarity Defeats Preliminary-Injunction Dilution Claims (Even Post-TDRA) and Conceptual Weakness Tempers Commercial Strength in Trade Dress 1. Introduction The Scotts Co. LLC v. The Procter...