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6th Circuit Case Commentaries


The Howell Rule: Qualified Immunity Shields Warrantless Entry When Officers Smell Marijuana
After Announcing Their Presence

The Howell Rule: Qualified Immunity Shields Warrantless Entry When Officers Smell Marijuana After Announcing Their Presence

Date: Aug 26, 2025
The Howell Rule: Qualified Immunity Shields Warrantless Entry When Officers Smell Marijuana After Announcing Their Presence Introduction In Matthew Howell v. Justin McCormick, No. 24-5570 (6th Cir....
Equitable Tolling Opens the Tax Court Door: Sixth Circuit Declares § 6213(a) Deadline Non-Jurisdictional

Equitable Tolling Opens the Tax Court Door: Sixth Circuit Declares § 6213(a) Deadline Non-Jurisdictional

Date: Aug 26, 2025
Equitable Tolling Opens the Tax Court Door: Sixth Circuit Declares § 6213(a) Deadline Non-Jurisdictional Introduction In Naysha Y. Oquendo v. Commissioner of Internal Revenue, the United States Court...
Rejecting Per-Se Indispensability: Sixth Circuit Clarifies Rule 19 in Estate of William Plott v. HHS

Rejecting Per-Se Indispensability: Sixth Circuit Clarifies Rule 19 in Estate of William Plott v. HHS

Date: Aug 25, 2025
Rejecting Per-Se Indispensability: Sixth Circuit Clarifies Rule 19 in Estate of William Plott v. Department of Health & Human Services 1. Introduction The Sixth Circuit’s published decision in Estate...

        “Equal-Impact, No Violation” – Sixth Circuit Clarifies the Causation Threshold
        for ADA Title II Claims Arising from Alterations to Public Facilities

“Equal-Impact, No Violation” – Sixth Circuit Clarifies the Causation Threshold for ADA Title II Claims Arising from Alterations to Public Facilities

Date: Aug 25, 2025
“Equal-Impact, No Violation” – Sixth Circuit Clarifies the Causation Threshold for ADA Title II Claims Arising from Alterations to Public Facilities 1. Introduction In John Reinhart v. City of...
Harris Stops at the Curb: Sixth Circuit Confirms that Challenges to Drug-Dog Reliability in Warrant Cases Proceed Under Franks, Not Harris

Harris Stops at the Curb: Sixth Circuit Confirms that Challenges to Drug-Dog Reliability in Warrant Cases Proceed Under Franks, Not Harris

Date: Aug 25, 2025
Harris Stops at the Curb: Sixth Circuit Confirms that Challenges to Drug-Dog Reliability in Warrant Cases Proceed Under Franks, Not Harris Introduction United States v. Jaavaid Alan McCarley-Connin,...
Ellis v. Yasenchack (2025): Sixth Circuit Reinforces the “Concession-of-Facts” Rule in Qualified Immunity Interlocutory Appeals

Ellis v. Yasenchack (2025): Sixth Circuit Reinforces the “Concession-of-Facts” Rule in Qualified Immunity Interlocutory Appeals

Date: Aug 25, 2025
Ellis v. Yasenchack (6th Cir. 2025): Sixth Circuit Reinforces the “Concession-of-Facts” Rule in Qualified Immunity Interlocutory Appeals Introduction William Ellis, a Cleveland resident, brought a §...
“Beyond the Estimate” – Sixth Circuit Rules that Medical Certifications Do Not Cap Unforeseeable Intermittent FMLA Leave

“Beyond the Estimate” – Sixth Circuit Rules that Medical Certifications Do Not Cap Unforeseeable Intermittent FMLA Leave

Date: Aug 25, 2025
“Beyond the Estimate” – Sixth Circuit Rules that Medical Certifications Do Not Cap Unforeseeable Intermittent FMLA Leave 1. Introduction Kristopher Jackson, a U.S. Postal Service mail clerk suffering...
The “Checked-Box Rule”: Sixth Circuit Confines Non-Signatories’ Power to Compel Arbitration

The “Checked-Box Rule”: Sixth Circuit Confines Non-Signatories’ Power to Compel Arbitration

Date: Aug 25, 2025
The “Checked-Box Rule”: Sixth Circuit Confines Non-Signatories’ Power to Compel Arbitration 1. Introduction ORG Holdings Ltd. v. BMW Financial Services NA, LLC, No. 24-3929 (6th Cir. Aug. 21, 2025)...
No Specialty Requirement: Sixth Circuit Clarifies Physician Qualification and Evidentiary Threshold under the False Claims Act

No Specialty Requirement: Sixth Circuit Clarifies Physician Qualification and Evidentiary Threshold under the False Claims Act

Date: Aug 25, 2025
No Specialty Requirement: Sixth Circuit Clarifies Physician Qualification and Evidentiary Threshold under the False Claims Act 1. Introduction In United States ex rel. Robert C. O’Laughlin, M.D. v....
No Resignation by Conduct: Sixth Circuit Clarifies That Share Transfers Alone Do Not Remove Directors or Officers under Kentucky Law – Commentary on C-Ville Fabricating, Inc. v. Tarter

No Resignation by Conduct: Sixth Circuit Clarifies That Share Transfers Alone Do Not Remove Directors or Officers under Kentucky Law – Commentary on C-Ville Fabricating, Inc. v. Tarter

Date: Aug 25, 2025
No Resignation by Conduct: Sixth Circuit Clarifies That Share Transfers Alone Do Not Remove Directors or Officers under Kentucky Law Commentary on C-Ville Fabricating, Inc. v. Joshua Tarter, 25 F.4th...
“From Vitamins to Drugs” – Sixth Circuit Clarifies Unauthorized-Medication Exclusion in Equine Mortality Policies

“From Vitamins to Drugs” – Sixth Circuit Clarifies Unauthorized-Medication Exclusion in Equine Mortality Policies

Date: Aug 25, 2025
“From Vitamins to Drugs” – Sixth Circuit Clarifies Unauthorized-Medication Exclusion in Equine Mortality Policies 1. Introduction Cypress Creek Equine, LLC v. North American Specialty Insurance Co.,...
“Sand Tires ≠ Street Tires” – Sixth Circuit Clarifies that Off-Road ATVs Are Not “Motor Vehicles” for Auto-Policy or Michigan No-Fault Coverage

“Sand Tires ≠ Street Tires” – Sixth Circuit Clarifies that Off-Road ATVs Are Not “Motor Vehicles” for Auto-Policy or Michigan No-Fault Coverage

Date: Aug 25, 2025
“Sand Tires ≠ Street Tires” – Sixth Circuit Clarifies that Off-Road ATVs Are Not “Motor Vehicles” for Auto-Policy or Michigan No-Fault Coverage Introduction Laurie Leitch’s summer ride on a Polaris...
No Bivens Remedy Against ICE Agents for Immigration-Related Fourth or Fifth Amendment Violations: A Commentary on Enriquez-Perdomo v. Newman

No Bivens Remedy Against ICE Agents for Immigration-Related Fourth or Fifth Amendment Violations: A Commentary on Enriquez-Perdomo v. Newman

Date: Aug 25, 2025
No Bivens Remedy Against ICE Agents for Immigration-Related Fourth or Fifth Amendment Violations: A Commentary on Riccy Mabel Enriquez-Perdomo v. Ricardo A. Newman, 6th Cir. (2025) 1. Introduction In...
United States v. Radaker-Carter: Sixth Circuit Resolves the Standard-of-Review Split in Pre-trial Identification Suppression Motions

United States v. Radaker-Carter: Sixth Circuit Resolves the Standard-of-Review Split in Pre-trial Identification Suppression Motions

Date: Aug 25, 2025
United States v. Radaker-Carter: Sixth Circuit Resolves the Standard-of-Review Split in Pre-trial Identification Suppression Motions 1. Introduction In United States v. Kyrrah Cornell Radaker-Carter,...

        United States v. Jackson: “Plain-View Vehicle Firearm” Rule for § 2D1.1(b)(1) Enhancements

United States v. Jackson: “Plain-View Vehicle Firearm” Rule for § 2D1.1(b)(1) Enhancements

Date: Aug 25, 2025
United States v. Jackson: Establishing the “Plain-View Vehicle Firearm” Rule for § 2D1.1(b)(1) Sentencing Enhancements 1. Introduction On 19 August 2025, the United States Court of Appeals for the...
Securing the Scene:  United States v. Claude Coleman and the Sixth Circuit’s Dual Clarifications on Officer-Safety Detentions and Career-Offender Predicates

Securing the Scene: United States v. Claude Coleman and the Sixth Circuit’s Dual Clarifications on Officer-Safety Detentions and Career-Offender Predicates

Date: Aug 25, 2025
Securing the Scene: United States v. Claude Coleman and the Sixth Circuit’s Dual Clarifications on Officer-Safety Detentions and Career-Offender Predicates Introduction United States v. Claude...
The Business-Judgment Shield in Legal-Malpractice “Case-Within-a-Case” Analysis: Commentary on John Shufeldt v. Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.

The Business-Judgment Shield in Legal-Malpractice “Case-Within-a-Case” Analysis: Commentary on John Shufeldt v. Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.

Date: Aug 19, 2025
The Business-Judgment Shield in Legal-Malpractice “Case-Within-a-Case” Analysis: Sixth Circuit Clarifies Causation Requirements in Shufeldt v. Baker Donelson 1. Introduction This commentary addresses...
Rule 32(h) Notice and Unconditional-Plea Waiver Clarified: In-Depth Commentary on United States v. Tyjuan Devon Gray (6th Cir. 2025)

Rule 32(h) Notice and Unconditional-Plea Waiver Clarified: In-Depth Commentary on United States v. Tyjuan Devon Gray (6th Cir. 2025)

Date: Aug 19, 2025
Rule 32(h) Notice and Unconditional-Plea Waiver Clarified: Commentary on United States v. Tyjuan Devon Gray, Nos. 24-1507/1553/1577 (6th Cir. Aug. 15, 2025) I. Introduction The consolidated appeal in...
“Reasonable Notice” Redefined: The Sixth Circuit’s Flexible Approach to Rule 32(h) Upward Departures in United States v. Tyjuan Devon Gray

“Reasonable Notice” Redefined: The Sixth Circuit’s Flexible Approach to Rule 32(h) Upward Departures in United States v. Tyjuan Devon Gray

Date: Aug 19, 2025
“Reasonable Notice” Redefined: The Sixth Circuit’s Flexible Approach to Rule 32(h) Upward Departures in United States v. Tyjuan Devon Gray Introduction On 15 August 2025, the United States Court of...
United States v. Gray – Sixth Circuit Clarifies Rule 32(h) Notice Standards and the Scope of Waiver Following an Unconditional Guilty Plea

United States v. Gray – Sixth Circuit Clarifies Rule 32(h) Notice Standards and the Scope of Waiver Following an Unconditional Guilty Plea

Date: Aug 19, 2025
United States v. Gray – Sixth Circuit Clarifies Rule 32(h) Notice Standards and the Scope of Waiver Following an Unconditional Guilty Plea Introduction On 15 August 2025 the United States Court of...
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